The California Appellate Law Podcast

Anti-SLAPP motions are sometimes called early summary judgment motions. But the fact that they are “early” is why they are so powerful: not only do they provide defendants a quick way to defend against claims that involve speech, they force the plaintiff to prove its case without any discovery. On this episode of the California Appellate Law Podcast, we discuss a recent 9th Circuit decision holding that denials of anti-SLAPP motions are immediately appealable as collateral orders. We also discuss: Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Doe v. The Superior CourtTim’s writeupMartinez v. ZoomInfo Tech. Inc.Tim’s writeupIn re the Marriage of JensenTim’s writeupUnited States v. Sapalasan, No. 21-30251, 2023 U.S. App. LEXIS 23820 (9th Cir. Sep. 7, 2023)Tim’s writeupNew payment option for paying $775 appellate feeHow 'Purely Legal' Issues Ruling Applies To Rule 12 MotionsBrown v. City of InglewoodTim Kowal’s YouTube channel

Among the hundreds of great new legal tech available in recent years, Clearbrief stands near the top. Jackie Schafer, a former big-law and state attorney general who had a vision of attorneys and their staff working more effectively and efficiently, designed an app that lives right in your Microsoft Word. Clearbrief lets you upload your case file to it so you can ask it questions: “When did the defendant first get notice of plaintiff’s claim?” “Where is the evidence of defendant’s bad faith?” “What are the plaintiff’s expert’s opinions?” Clearbrief will take you directly to the page and line of the document that supports your facts. And its new timeline feature is a game-changer: feed Clearbrief a pile of documents with unorganized facts, and it will give you a chart showing the timeline of relevant events, complete with hyperlinks showing the page and line for each. Judges are now using Clearbrief to write their opinions. And did you know? Legal-writing guru Bryan Garner was Clearbrief’s first angel investor. Jackie Schafer’s biography, LinkedIn profile, and Twitter feed. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Clearbrief.comNew AI Features In Clearbrief Create Hyperlinked Timelines And Allow Users To Query Their DocumentsTim Kowal’s YouTube channel

We discuss some interesting recent cases out of the California Court of Appeal: Then we discuss the “Eisenberg rule,” and a survey that explains why lawyers still use legalese. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Tim’s writeupHous. Auth. of City of Calexico v. Multi-Housing Tax Credit Partners XXIX, L.P.Cable Connection, Inc. v. DIRECTV, Inc.44 Cal.4th 1334.Tim’s writeupMarriage of BushTim’s writeupNavellier v. PutnamTim’s writeupSweeney v. Reg'l Water Quality Control Bd.AppellateRule10.1014@jud.ca.govOff Topics: Do Lawyers Like Legalese And Why Does It Persist?Tim Kowal’s YouTube channel

Your next trial could succeed or fail based on whether the expert’s opinion gets admitted or excluded. Based on their recent presentation to financial experts, we cover three key cases—Kelly, Sargon, and Sanchez—that govern expert opinions. We also cover some fundamentals and tips to protect expert work product. Some things experts should remind their attorneys: Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Schreiber v. Estate of KiserDu-All Safety, LLC v. The Superior Court of Alameda CountyTownsend v. OlivoTim’s writeupPeople v. KellyTim’s writeupSargon Enterprises, Inc. v. University of Southern California55 Cal.4th 747, 769Tim’s writeupSanchezSiemon v. Regents of the University of CaliforniaTim’s writeupTim’s writeupStrobel v. Johnson & JohnsonTim’s writeupZuniga v. Alexandria Care Center, LLCTim’s writeupTim Kowal’s YouTube channel

The Judge Pauline Newman saga reached a tentative end—or a respite—when the Federal Circuit imposed a year-long probation on the 96-year-old federal appellate judge. Aliza Shatzman of the Legal Accountability Project discusses the allegations of cognitive decline and workplace misconduct against her, and how the investigation and report may be a model for more transparency into judicial officers. Aliza notes: Aliza Shatzman’s biography, LinkedIn profile, and Twitter feed. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Our June 2022 interview with AlizawebsiteSlateAbove the LawUCLA Journal of Gender & Law"Untouchable Judges? What I've learned about harassment in the judiciary, and what we can do to stop it.Our episode 90 on the California Bias Prevention CommitteeTim Kowal’s YouTube channel

Tim announces his new firm, Kowal Law Group, APC, and discusses some legal tech with Jeff before moving on to recent cases, including: Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Longobardo v. AVCO Corp.Doe v. Superior CourtPark v. Nazari*, No. B320483 (D2d5 Jul. 25, 2023)Michael ShipleyHNHPC, Inc. v. Dep't of Cannabis ControlBraugh v. Dow*, No. B311859 (D2d8 Jul. 3, 202Ben ShatzBen ShatzMichael ShipleyBen ShatzTim Kowal’s YouTube channel

One of the most biggest recent case is the split decision out of the 9th Circuit holding that a prohibition on secretly recording communications between two people violates the First Amendment. Project Veritas v. Schmidt, No. 22-35271 (9th Cir. July 3, 2023). The statute at issue here was an Oregon statute. But it suggests that two-party consent statutes, such as California’s likewise may be unconstitutional. We also cover: Sharp v. S&S Activewear (9th Cir. - June 7, 2023)hereBriefing extensions tighten up in the 9th CircuitVia Ben ShatzAppellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Lowery v. Rhapsody Int'lBirke v. Lowe’s Home Centersvia David Ettingervia David EttingeraccountBen ShatzBen ShatzSoCalAppNewsvia MetNewsVia Ben ShatzKleidman v. Court of Appealciting unpublish

Most cases that reach the Supreme Court live and die on the “shadow docket.” That is the name given to the docket where everything other than full merits decisions happens. Most prominently, that is where the Supreme Court decides whether to grant stays of orders pending appeal, such as abortion-rights cases, voter redistricting cases, immigration orders, and nationwide injunctions that affect and set national policy. Steve Vladeck’s New York Times bestselling new book is The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Steve has spent 10 years studying the shadow docket and reports that its use has increased markedly, and that we should be concerned. The big concern: These rulings are made without full briefing, argument, or reasoned opinions. That undermines confidence in these rulings. We discuss: Stephen Vladeck’s biography, LinkedIn profile, and Twitter feed. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: The Shadow Dockethere

A good trial involves heroes and villains, themes of good and evil, tense conflicts, and, at the end, a difficult moral choice. All stuff that could make a few good movies. Gary Wax is a filmmaker-turned-appellate lawyer, and he brings his insider’s eye and his top-500 list to help us analyze some of the best law movies of all time. We discuss: Gary Wax’s biography, LinkedIn profile, and Twitter feed. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: 12 Angry MenA Few Good MenThe VerdictTrue BelieverPrimal FearIMDB top 10 legal movies listTim Kowal’s YouTube channel

9th Circuit expert Cory Webster joins us to discuss several recent decisions out of the 9th Circuit. On this episode, we discuss: Cory Webster’s biography and LinkedIn profile. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Perry v. Kia MotorsCory’s LinkedIn postJack Daniels Properties, Inc. v. VIP Products, LLC.Cory’s LinkedIn postLee (The Gap) v. Fisher et al.Slack Techs. v. PiraniCory’s LinkedIn post Cory’s LinkedIn postKelsey v. GarrettNational Pork Producers Council v. RossCory’s LinkedIn postTim Kowal’s YouTube channel

WARNING: This episode contains opinions of a law-nerd nature. Discretion is advised. Have you ever encountered the parenthetical “(cleaned up)” at the end of a case citation? By now over 5,000 judicial opinions in nearly ever jurisdiction have used it, including the U.S. Supreme Court. So it’s time you got acquainted with it. The credit (or blame) for introducing this new device goes to Jack Metzler. Jack shares how he came up with the innovation over several long moments of deliberation on Twitter (specifically: about 90 seconds). But unlike most tweets, Jack’s idea flourished into a law review article that now stands as the 2nd most-often cited article in judicial opinions of all time (and only 40 citations behind Justice Louis Brandeis’s 1st place paper). Jack subjects himself to the following questioning: ❔What does (cleaned up) even mean? Answer: It means you can start a quote with a capital letter without using those stupid ugly square brackets, without having to explain it. And other stuff like that. ❔Ok, so judges are using it. But will judges trust lawyers to use it faithfully? Answer: Judges already don’t trust lawyers, so I don’t even understand your question. ❔I think the judges want to see the quote exactly as it appeared. Answer: That’s not even a question. And no one is forcing you to use (cleaned up). Jack Metzler’s biography, LinkedIn profile, and Twitter feed. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: an essayhas endorsedFebruary 25 opinionABA Journal in March 2021 here

As a former Deputy Attorney General with the California Department of Justice, Jennifer Novak now serves as a “Rosetta Stone” in her private practice translating complicated environmental rules to businesses and individuals in environmental disputes. Jennifer tells us her secrets how to convey complicated issues as a subject-matter specialist to generalists on the bench. Then we discuss the March 2023 SCOTUS opinion Sackett v. EPA, which sided with a landowner against the EPA. The EPA’s jurisdiction in keeping our waters clean extends to the “waters of the United States,” or WOTUS. Can wetlands and unconnected waters be WOTUS? Under the EPA’s “significant nexus test,” the answer was yes. But the Court reversed and replaced the test with a “continuous surface connection” test. Jennifer explains how the new test may still open the floodgates to more water litigation. (Neither Jennifer nor Jeff laughed at that pun.) Jennifer Novak’s biography and LinkedIn profile. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Sackett v. Envtl. Prot. Agencyhttps://www.brownulr.org/blogposts/the-quiet-death-of-chevron-deferencehttps://www.hklaw.com/en/insights/publications/2023/05/sackett-decision-provides-clarity-substantiallyTim Kowal’s YouTube channel

Improper conduct by a trial judge is one thing. But where do you take complaints against an appellate court? Supreme Court Associate Justice Martin Jenkins heads up a new Bias Prevention Committee, and committee member Ben Shatz joins us to talk about its mission: to promote an appellate court environment free of bias and the appearance of bias. What is the best way to do that? That’s where you come in. As attorneys, litigants, or amici curiae, your suggestions are needed on how to support the integrity and impartiality in our appellate courts. Some ideas: All members of the public are welcomed and encouraged to contact any of the members of the Bias Prevention Committee: Chair J. Martin Jenkins; J. Helen Bendix; J. Stacie Bouleware Eurie; J. Do; J. Carin Fujisaki; J. Cynthia Lie; J. Rosendo Pena; 2d DCA XO Eva McClintock; DAG Amit Kurlekar; DAG Charles Ragland; Central CAP Exec Director Laurel Thorpe; Private Attorneys: Charles Sevilla, Ben Shatz, Rasha Gerges Shields, Rupa Singh. Ben Shatz’s biography, LinkedIn profile, and blog, SoCal Appellate News. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: https://www.law.com/thelegalintelligencer/2023/05/22/judicial-conduct-complaints-spiked-across-the-country-in-2022/#:~:text=With more cases being processed,in the previous five years.)Law.comCJP 2022 Annual Report

Our regular roundup of noteworthy appellate decisions and legal news includes these stories: ⚠Did a Covid-era jury cut short its deliberations (to just one hour) because it wanted to get out of the cramped jury room? Plaintiff thought so, but did not make a record of having raised a timely objection. Held: Objection forfeited. ⚠Did the failure to raise an affirmative defense in a joint pretrial order forfeit that defense? The 9th Circuit held it did, but Judge Bumatay thought it was raised indirectly and the lack of a more explicit assertion did not prejudice the plaintiff. 🤚Suit against Maxine Waters for falsely saying her opponent was “dishonorably discharged” may go forward: evidence that Waters was shown a military document refuting her charge, and Waters’ failure to conduct any other investigation, supported plaintiff’s showing of actual malice for purposes of defeating the anti-SLAPP motion. 📃Record defect resulted in California Court of Appeal resulted in affirmative via a rare “memorandum decision.” ✉60-day deadline to appeal is not triggered by file-stamped order unless it attaches a proof of service. 🗣New snitch rule would impose a mandatory duty to report violations of other lawyers. 👩‍⚖️Oral arguments at U.S. Supreme Court run long by average of 30 minutes. 💼Supreme Court makes it easier to preserve issues raised in summary judgment motions in Dupree v. Younger. 🛑Federal courts to wind down remote access as US COVID emergency ends. 🕔3d. Circuit to impose 5:00 p.m. filing deadline. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Perry v. Kia MotorsDefense not asserted in a pretrial order deemed forfeited in split 9th Cir. decisionMaxine Waters SLAPP caseLack of record leads affirmance by memorandum decisionOrder was file-stamped, but did not attach the POS, so it did not trigger the 60-day deadline to appealCal Bar<

ADF attorney Chris Schandevel explains how he got the opportunity to orally argue dozens of cases in multiple appellate courts including state supreme courts in just a decade of practice. We also discuss: 👩‍⚖️Does oral argument make a different? Can amicus briefs make a difference? Yes, and one case proves it: Chris talk about Kligler v. Attorney General in the Massachusetts Supreme Judicial Court, where Chris’s amicus brief and oral argument made the difference. 📃Even a failed petition for certiorari makes a difference: ADF’s petition in Hoggard v. Rhodes asked SCOTUS to review the extension of qualified-immunity even to campus police officers’ non-urgent action restricting free speech. SCOTUS declined, but Justice Thomas wrote a statement agreeing with ADF’s argument, and that statement has been cited in nearly 100 decisions since then. 🕔Will the 3rd Circuit’s new 5:00 p.m. filing deadline help or hurt work/life balance? A perspective from a public-interest firm where most attorneys leave early to put kids to bed… but then log back in for some night filings. ✍Top 10 Briefing Myths! Get ready to be offended if you still use Times New Roman and two spaces after a period! Please send complaints (in Century Schoolbook font) to Chris Schandevel. Chris Schandevel’s biography, and LinkedIn profile. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Turner v. CommonwealthHoggard v. RhodesKligler v. Attorney Generalhttps://www.screencast.com/t/M4Si2IMybunhttps://boston.suffolk.edu/sjc/pop.php?csnum=SJC_13194https://casetext.com/case/kligler-v-healyOne space after punctuation is the accepted ruleALL CAPS

The National Center of State Courts recently published its 2023 rankings of judicial salaries, with California and DC trading #1 and #2 spots. At a mean national judicial salary of around $174,000, by starting out in a modest condo and scrimping and saving, a judge in California might achieve the dream of homeownership just before retiring into private ADR. But Troy Shelton notes that his home state of North Carolina ranks 45th with the mean judicial salary around $152,000. Meanwhile, North Carolina is flanked by states each averaging greater salaries by $40-50k. Some interesting facts about judicial salaries: 💲 Very few Big Law attorneys, where pay greatly exceeds judicial pay, become judges. 💲 Cost of living is tricky to account for—should metro-area judges be paid more then rural-area judges just because of where they live? 💲 In 2021 the national median 1st-year associate salary was $165,000, rivaling judicial salaries—something seems wrong here. And some interesting differences between CA and NC procedure: ⚖ NC courts can overrule past precedent using an en banc procedure—but they’ve never used it. ⚖ NC has no anti-SLAPP law—but there doesn’t seem to be much of a SLAPP problem. Troy Shelton’s biography, LinkedIn profile, and Twitter feed. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. Use this link to get a 25% lifetime discount on Casetext. Other items discussed in the episode: NCSC Survey of Judicial SalariesTim Kowal’s YouTube channel

Opioids, takings, terrorism—these are at the core of a few of the cases that appellate attorney Carl Cecere is handling. After deciding to leave BigLaw, Carl found that a combination of Twitter and lots of travel with the purpose of meeting interesting colleagues has fueled a pipeline of provocative cases into his solo practice. We discuss: Carl Cecere’s LinkedIn profile, and Twitter feed. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic HardcoverTim Kowal’s YouTube channel

Anti-SLAPP denials are appealable in the 9th Circuit, but Judge Bress says they shouldn’t be. Jeff proposes two SLAPP reforms: Jeff tries to stump Tim on a SLAPP appeal quandary—if the defendant won on prong one but lost on prong two, what happens if the defendant fails to re-argue prong one on appeal? (Answer: forfeiture.) Next, we wonder why appellate courts insist on an oral record even for hearings where there is no testimony and nothing remotely interesting going on. Discovery sanctions awards may be appealable, but for other discovery awards—even those made on the same basis as the sanctions award on appeal—don’t count on it. Courts hate them. A litigant failed to timely request a statement of decision before the end of a short trial. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Anti-SLAPP denials are appealable in the 9th Cir., but they shouldn’t be, says Judge BressOral record on appeal was required to review the validity of a trustee notice to beneficiariesUse a settled statement to fill gaps in your record (but don’t try to rewrite the record)Jury released from duty could not be reconvened to make a remaining finding$37k in discovery sanctions appealable, but not the related issue sanctionsWhen do you have to request a statement of decision?

On this April 2023 cases & tidbits episode, we warn about several cases where an appeal is lost because of failure to appreciate the appellate deadlines—which are often tricky to determine: 📬 Zen riddle: If you never received a Notice of Entry or stamped order, then does the 60-day deadline begin to run? Answer: Upon mailing. (It is possible you will never receive it—but that doesn’t affect the deadline to appeal!) ⌚ An appeal can be filed up to midnight on the 60th day. But not a second after! Appeal filed at exactly 12:00 a.m. is the 60th day. One minute late might as well be a year late. 📝 A file-stamped order is a “triggering document” that starts the 60-day clock. But what if only the certificate of mailing is stamped? No good—the 60-day clock isn’t triggered. 📝 What if the order is stamped, but the stamp isn’t signed? There’s no such requirement—your 60 days still runs. Also: Justice Yegan will follow precedent on resentencing “lemming-like,” but is going to “kick and scream on my way down to the rocks below”; CA Ct. App. overrules SCOTUS, arb denials might no longer be stayed pending appeal. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: The 60-day appellate deadline runs from mailing—receipt is irrelevantAppeal Filed One Minute Late—Literally One Minute—Dismissed As UntimelyA piecemeal notice of judgment is not sufficient to trigger the 60-day deadline to appealFile-stamped signed order triggers the 60-day deadline to appeal, even if the file-stamp itself isn’t signedA mere procedural error is not a miscarriage of justice,

Adam Unikowsky, an appellate litigator with nine appearance in the U.S. Supreme Court, argues that judicial law clerks could be replaced by AI. We discuss: 💻 “AI will make judges release more accurate decisions more quickly. This is good.” 💻 Judges already rely on clerk summaries, so if AI produces better summaries faster, that is good. 💻 AI is a mysterious black box, you say? Well, law clerks are already invisible to the public yet influence judicial decisions without any input from the litigants. 💻 True, law clerks are human—but they are still often wrong. “Is it really preferable that judges receive recommendations and draft opinions from ideological 26-year-olds?” ✍ A writing tip: “Unclear writing usually implies unclear thinking. If something is unclear, it’s probably because I haven’t really figured it out.” 👩‍⚖️ An an oral argument tip: Don’t read from your notes. Adam relates a story when the Supreme Court stopped an advocate by asking, “Counsel, are you reading this?” Adam Unikowsky’s biography, LinkedIn profile, and Twitter feed. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. Use this link to get a 25% lifetime discount on Casetext. Other items discussed in the episode: https://adamunikowsky.substack.com/p/should-ai-replace-law-clerksTim Kowal’s YouTube channel