Thursday, December 12, 2013

Trio of appellate delights in today's DJ

Today's DJ has three articles of appellate note:

First, GMSR's Alana Rotter offers Creating an Appealable Judgment, answering the question "what should you do when the trial court throws out the cause of action or legal theory at the heart of your case, but leaves some other causes of action or theories intact?"

"Kurwa establishes that parties cannot pave the way to an appealable judgment by dismissing causes of action pursuant to a tolling agreement or statute of limitations waiver that will facilitate reasserting the causes of action in the future. The court signaled, however, that parties can create an appealable judgment by dismissing causes of action without a tolling agreement or statute of limitations waiver. The 2nd District Court of Appeal, Division 8's decision in Lamar Central confirms that this is a viable route."

Second, Jimmy Azadian and Ryan Killian discuss the denial of en banc review in Makaeff v. Trump University in their article, Alive and Well in the 9th Circuit: Anti-SLAPP.

Finally, there's a report about Tuesday's ABTL meeting in San Francisco: Retired Supreme Court Justice Sandra Day O'Connor Stresses Civics Education; Former, current High Court Justices tout education as key to cutting down on crime. "Co-starring at the event was California's chief justice, Tani G. Cantil-Sakauye."

Also, today's MetNews has this interesting piece:
Mallano Says State Owes ‘Unlawfully Withheld’ Judicial Salaries
Presiding Justice Writes Controller, Tells MetNews He Is Confident He Will Not Have to Sue Over Retroactivity Issue