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.…
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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…
Using Cases
Lawyers tend to load their briefs with lots of cases to look impressive. The result can be an unreadable mess. Following certain principles can make your use of cases more effective. Lawyers often…
If It Ain't Clear, It Ain't There!
Suppose the following lead sentences appear in the statement of facts of an appellate brief. What's wrong with them? "On July 28, 2014, the trial court found for Mega Big Corporation (hereafter…