Tuesday, February 25, 2014

DJ appellate roundup

Today's DJ has three pieces of note:
  • First Big Anti-SLAPP Case of Year Examines Public Interest Exception, by SLAPPologist James Moneer, discussing 4/1's Tourgeman v. Nelson & Kennard (Jan. 16, 2014).
  • And speaking of "Kennards," Texan Mark Pulliam, in Restoring the Rule of Law in California, makes "a few observations about the state of the legal system in California," and suggests that the Governor fill Justice Kennard's seat with "a proven jurist with a sterling reputation," LA Superior Court Judge Carolyn Kuhl.
  • Finally, for those seeking "pure" appellate materials only, appellate specialist Joan Wolff offers How Trial Lawyers Can File Effective Appellate Briefs. A problem when trial lawyers write appellate briefs is that they "unwittingly neglect to include each piece of information necessary for ... a first-time reader" who is unfamiliar with the case. Living with a case from its inception "can lead to unrecognized assumptions"; "What is obvious to you [the trial lawyer] may not be obvious to a stranger to the case." Joan's advice? If an appellate specialist can't be hired to handle the appeal, at least hire an appellate specialist to edit the brief.