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The California Appellate Law Podcast

Business & Economics Podcasts

An appellate law podcast for trial lawyers. Appellate specialists Jeff Lewis and Tim Kowal discuss timely trial tips and the latest cases and news coming from the California Court of Appeal and California Supreme Court.

An appellate law podcast for trial lawyers. Appellate specialists Jeff Lewis and Tim Kowal discuss timely trial tips and the latest cases and news coming from the California Court of Appeal and California Supreme Court.

Location:

United States

Description:

An appellate law podcast for trial lawyers. Appellate specialists Jeff Lewis and Tim Kowal discuss timely trial tips and the latest cases and news coming from the California Court of Appeal and California Supreme Court.

Language:

English


Episodes

How to Mediate and Settle Your Appeal, with John Derrick

5/10/2022
Certified appellate specialist and mediator John Derrick talks to Jeff and Tim about mediating cases on appeal. John explains that some appellate courts have mediation programs because of a mission to promote settlement. But the courts’ job is to decide cases. John discusses the conflict between these two roles, including a story about an appellate justice who regretted volunteering he wished the case would settle, but then unsubmitting the case for a post-oral-argument mediation. (This case...

Duration:00:57:16

“Stump Tim,” Do Sympathetic Parties Get Better Results? And Other Recent Cases

5/3/2022
After Jeff quizzes Tim on a bit of appellate esoterica about the automatic 15-day default extension for appellate briefs, the co-hosts discuss whether appellate justices modulate their approaches to sympathetic cases. The conversation also covers recent cases involving: Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, and Twitter feed. Sign up for Tim Kowal’s Weekly Legal Update, or view his blog...

Duration:00:31:30

Jeff Lewis Interviews Tim Kowal

4/26/2022
In this special episode, Jeff interviews Tim about the best and worst things about appellate law. Tim shares his favorite war stories, shares his approach to legal writing, and talks about his favorite comedian. Then to business, Jeff and Tim discuss some recent cases. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, and Twitter feed. Sign up for Tim Kowal’s Weekly Legal Update, or view his blog...

Duration:00:35:30

David Greco on the Unique Challenges in Probate Appeals

4/19/2022
David Greco heads up the appellate practice at the probate litigation firm RMO, LLP. David shares with co-hosts Jeff Lewis and Tim Kowal some of the unique features and challenges in probate appeals: 👉 Fact challenges in probate appeals are uniquely difficult to win. Probate trials are typically bench trials, and appellate courts very rarely overturn a judge’s factual findings. 👉 The “stay killer” in Probate Code § 1310(b) can render many probate appeals moot. David explains why section...

Duration:00:48:36

Creators of the CalAttorneysFees.com Blog, Michael Hensley and Marc Alexander, Discuss Tips for Requesting and Opposing Attorney Fees

4/12/2022
The authors of the famous CalAttorneysFees.com blog, Marc Alexander and Michael Hensley, join us to discuss tips, traps, and best practices on attorney fee motions. Some key takeaways: 💡 Give the judge a roadmap. Explain: (1) Why you get fees; (2) Why your motion is timely; (3) What is the appropriate lodestar rate; (4) Why is the amount reasonable? 💡 Don’t be greedy! Inflated fee requests can ruin your credibility with the judge, and are likely to be severely chopped, or even denied...

Duration:00:59:52

Victoria Fuller on Family Law Appeals

3/22/2022
When we covered some of the tips and pitfalls of family-law appeals on episode 6 of the California Appellate Law Podcast, it became one of our most popular episodes. So we invited Victoria Fuller, a certified appellate specialist focusing on family law, to join us for another installment. Walking practitioners through various procedural issues in family-law cases, Victoria discusses with co-hosts Tim Kowal and Jeff Lewis: Victoria Fuller’s biography and LinkedIn profile. Appellate...

Duration:00:47:49

“Prophet Without Honor”: Sean Brady on Judge VanDyke’s Controversial 2nd Amendment Prediction

3/15/2022
“I’m not a prophet,” Judge Lawrence VanDyke wrote in his controversial concurring opinion in McDougall v. County of Ventura. Second Amendment attorney Sean Brady disagrees. Joining appellate attorneys Tim Kowal and Jeff Lewis, Sean says Judge VanDyke will be proven correct: the Ninth Circuit in the last several years has granted en banc review of every panel decision favorable to the Second Amendment, and has denied review to every unfavorable decision. (And a few days after taping, On...

Duration:01:01:53

The “Speedy” in Speedy Trial Becomes Relative, and the Limits of Scientology Arbitration: A Review of Jan. 2022 Cases

3/1/2022
Reviewing some 9th Circuit and California appellate cases of note from early 2022, appellate specialists Jeff Lewis and Tim Kowal discuss these juicy issues: 💡 Can the 6th Amendment right to speedy trial be indefinitely postponed due to Covid? (Yes, if the defendant is not incarcerated, says the 9th Circuit in United States v. Olsen.) 💡 Can the statutory right to a timely conservatorship jury trial be waived? (Yes, even if the judge kind of pushes you around, so stiffen up that...

Duration:00:30:03

Elegant Legal Writing, with Ryan McCarl

2/15/2022
Attorney and author Ryan McCarl joins Tim and Jeff to discuss his forthcoming book, Elegant Legal Writing, and his career through academia into private practice. Ryan tells Tim and Jeff the most common mistakes in attorneys’ briefs, which include legalese (why are you still using legalese?), and providing too little white space on the page — white space bucks up your reader to plod on. Ryan also offers a thoughtful caveat to Tim’s proposal to abolish Rule of Court 8.1115, the “no citation”...

Duration:00:47:07

Rejected Arguments for Lack of Citation, and Other Recent Cases

2/1/2022
Jeff and Tim round up some recent California appellate cases of note: Singman v. IMDB.comCenter Street v. Superior CourtAlexi & Ani LLC v. Warren,Weischadle v. VoIn re Purdue Pharma,State of California v. So. Cal. EdisonAppellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, and Twitter feed. Sign up for Tim Kowal’s Weekly Legal Update, or view his blog of recent cases.

Duration:00:22:44

A Proposal to Amend the No-Citation Rule, with David Ettinger and Dean Bochner

1/18/2022
Attorneys David Ettinger and Dean Bochner join hosts Tim Kowal and Jeff Lewis to explain their proposal to amend California Rules of Court 8.1115, the rule that prohibits the citation to unpublished opinions. David and Dean note that, despite rule 8.1115 near-categorical ban, the courts in practice already condone such citations in some contexts, most notably petitions for review. David also discusses the California Supreme Court’s “shadow docket” — precedential opinions that are issued...

Duration:00:47:53

Explaining the Vaccine Mandate Lawsuits, with Medical Rights Attorney Rick Jaffe

1/4/2022
In this timely episode, health care litigator Rick Jaffe joins appellate attorneys Tim Kowal and Jeff Lewis to discuss the maelstrom of lawsuits challenging vaccine mandates in state and federal trial courts and appellate courts throughout the nation. Rick’s practice focuses on cutting-edge medical and legal issues across the country, and he is the author of Galileo’s Lawyer, a book telling the stories of medical mavericks and giving an insider’s view on high-profile and controversial...

Duration:01:14:52

Winning an Appeal: Our Interview with Author and Attorney Myron Moskovitz

12/14/2021
Appellate attorney and Author Myron Moskovitz joins Tim Kowal and Jeff Lewis to discuss appellate writing tips, the importance of the Appellant's Reply Brief and Moot Arguments and his books teaching appellate tips. Appellate Specialist Myron Moskovitz's biography. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, and Twitter feed. Sign up for Tim Kowal’s Weekly Legal Update, or view his blog of...

Duration:00:49:05

Should You Take a Writ? Anne Grignon on Arbitration Writs & 3 Tips for Your Next Appeal

12/7/2021
Appellate attorney Anne Grignon joins Tim Kowal and Jeff Lewis to discuss her recent win in Banc of California v. Superior Court, a writ petition from an order compelling arbitration. Anne discusses when and why to take a writ from nonappealable orders. The attorneys then turn to private judging generally, discussing Justice Segal's recent caution about the industry's potential overuse of that privately compensated judges, and Presiding Justice Kline's similar sentiment that "private judging...

Duration:00:46:52

Limited Jurisdiction Appeals, Eviction Tsunamis and HateWriting, our Interview with Frances Campbell

11/16/2021
Frances Campbell of Campbell & Farahani, LLP joins us for a discussion about her practice involving housing law, eviction defense, appeals and practicing in limited jurisdiction courts. She shares her views on the coming eviction tsunami (spoiler, she says it's a myth) , the term HateWrite and the font Cochin for brief writing. Appellate Specialist Frances Cambpell's firm website and Twitter feed. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate...

Duration:00:47:07

How Does a Client Measure Success? Our Conversation with Outside General Counsel Lee Goldberg

10/13/2021
Lee Goldberg joins us for a discussion about his perspective as outside general counsel. Lee shares decades of experience using litigators to solve business problems and offers advice for trial attorneys serving corporate clients. We talk about Lee’s recent video series on LinkedIn and his website CalLawyers.com, and what a general counsel looks for when hiring trial and appellate counsel. Some of Lee's lessons: On litigation objectives: " My client is never principle over business....

Duration:00:39:50

Oral Argument in the California Supreme Court During Covid: Our Interview With Kelly Ernby

9/28/2021
Kelly Ernby of the Orange County District Attorney's office joins us for a discussion about the first remote argument in the California Supreme Court during covid and her appellate experience on behalf of the District Attorney's office. We discuss Abbott Laboratories v. Superior Court and the ability of a District Attorney to initiate litigation beyond the geographic boundaries of each county. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate...

Duration:00:51:49

What Difference Does an Appellate Judge Make: Ideology, Orientation and Temperament in the Intermediate Appellate Courts of California: An Interview with Research Attorney Jeff Calkins

8/26/2021
Jeff Calkins, a recently-retired senior research attorney with the Court of Appeal, talks with appellate attorneys Jeff Lewis and Tim Kowal about what it is like working at an appellate court ("like a monastery," in a good way), about how the writ panel works, cultural differences in the different district Courts of Appeal, and why the California appellate courts may tend to go easier on trial courts than federal appellate courts. Jeff also shares his theory on why California appeals are not...

Duration:01:01:18

Circuit Splits, Amicus Briefs and Interview with John Reeves

7/30/2021
Missouri appellate attorney John Reeves joins Tim and Jeff to discuss Marin Housing authority v. Reilly, a case pending possible review by the United States Supreme Court. At issue there: whether a public housing authority, in calculating a family’s annual income, is required to exclude Medicaid-funded payments made to a family by a State agency to allow the Section 8 tenant to provide personal caregiving services in order to keep a developmentally disabled family member at home. John, Tim...

Duration:00:40:57

Interview with Frank Lowrey: Motions in Limine, Civility and Appellate Practice

6/28/2021
Georgia appellate attorney Frank Lowrey joins Tim and Jeff to discuss Williams v. Harvey, a recent decision by the Georgia Supreme Court concerning preservation of error and motions in limine. Frank, Tim and Jeff also discussed civility and other aspects about practicing appellate law. Appellate Specialist Jeff Lewis' biography and Twitter Account Appellate Specialist Tim Kowal's biography and Twitter Account Sign up for Tim Kowal’s Weekly Legal Update Frank Lowrey's bio Cases mentioned...

Duration:00:55:40