Many 9th Circuit Judges are involved, including Judge Hawkins, EIC of the most recent issue. |
Writing: Today's DJ features Myron Moskovitz's Briefs: If it ain't clear, it ain't there, which begins:
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 "MGC"), which was incorporated on May 5, 1995, and against Mundy Tools, Inc. (hereafter "MTI"), which was incorporated on August 16, 1987, after it short-sold its competitor's stock. The trial court erred, because the short sale did not violate NYSE Rule 4.06 or SEC Reg. 1057.
An appellate court justice who reads this probably thinks:
1. "If this brief keeps referring to MGC and MTI, I'll never keep them straight. Why not just 'Mega' and 'Mundy'? I can remember those names."
2. "I'm a former DA. I've never handled a securities case. I don't know what 'NYSE' and 'SEC' mean. And what the hell is a 'short sale'?"
3. "Am I supposed to remember the dates? Are they relevant to the appeal?"
4. "Who does 'it' and 'its' refer to? And who is 'its competitor'"?
5. "No point in reading any further. I give up. Maybe I should look at the respondent's brief to find out what's going on."
Sorry, third R! Only Readin' and Ritin' here today. |
The OCBA's Appellate Section presents a program today (info here) Technology from Both sides of the Appellate Bench featuring:
Robin Meadow, Senior Partner
Greines, Martin, Stein & Richland LLP,
Joseph A. Lane, Clerk/Executive Officer
Court of Appeal for the Second Appellate District
John Lepo, Supervising Deputy Clerk
Court of Appeal for the Second Appellate District
The program will be on (1) the current state of technology in the court of appeal from an appellate specialist's perspective and (2) new developments in technology in the court of appeal, including electronic filing, new brief formatting requirements, future technology goals/expectations at the court, and practices the court would like to see from appellate attorneys.