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Pecoraro v. Barbaccia

During my rather lengthy career as an appellate lawyer, I’ve handled many, many appeals and writs involving real property issues – but never one as strange as this one. In Pecoraro v. Barbaccia, hei…

Aggressive Reasonableness

Sounds like a contradiction, but it’s not. I once handled an appeal where this approach made all the difference. Plaintiff owned a single-family home near several fraternities on the south side of t…

Amicus Brief Helps Win 4th Amendment Case

A couple of years ago, Boalt Professor Charles Weisselberg asked me to file an amicus curiae brief in a Fourth Amendment case he was handling in the California Supreme Court: People v. Macabeo, No.…

When Should Clients Pursue an Appeal?

Pursuing an appeal in a civil case is risky and expensive. When a client first contacts me, I tell him I will help in two stages: First, I'll review enough of the record to enable me to advise him…

Footnotes in Briefs?

When I'm invited to speak to a group of lawyers about effective brief-writing, I'm often asked, "Should I use footnotes?" My answer: "Yes, but sparingly." Here's the problem. …

M.A.T. Helps Get Reversal of $73 Million Judgment

Sandridge Partners was nailed by a Kings County jury for $73 million – the largest verdict in that county’s history – over a land deal that went bad. Reed Smith handled the appeal, but Moskovitz Appel…

M.A.T. Helps Lawyer Get a Reversal

About a year ago, Watsonville attorney Brian Liddicoat called us for help in with an appeal to the 6th District Court of Appeal, in San Jose. Brian represented a former student who was sued by a…