Appellate Insights

California’s appellate courts influence the law elsewhere.  Our courts often develop precedent on issues before other states do, and other states may consider those precedents persuasive.  So for corporate clients, appellate strategy should consider long-term interests in all states where the client operates.

• Does the client face similar issues in other cases?
• Should it expect to?  What internal and external developments should be considered?
• If the issue is likely to recur, does the record in the case at hand position it favorably, or should the client wait for a different case to try to make good law?
• Is the amount at stake in one case substantial enough to have long-term consequences, so that pursuing or defending an appeal makes sense regardless of the potential common-law repercussions?

►  The practical message:  Define “success” very carefully before embarking on appeal, considering the potential impact of a win or loss both inside and outside California.