Monday, January 15, 2024

Old is still mighty!

Tomorrow's DJ (1/16/24) will have Myron Moskovitz's Using ‘old’ precedent cases -- What lawyers think of old cases is not important. What counts for advocates is what our targets - the judges - think of them. On this topic, some cases to know are: Lawrence Tractor Co. v. Carlisle Ins. Co., 202 Cal.App.3d 949, 954 (1988) (even if a case is over 50 years old, if it's not been reversed, it's still binding precedent) and Mehr v. Superior Court, 139 Cal. App. 3d 1044, 1049 n.3 (1983) (stare decisis compels lower courts to follow the Supreme Court, and "There is no exception for Supreme Court cases of ancient vintage.").

The ABA Journal has Judge sticks with $268K sanction for fake news article lawyer filed with appeals court -- A federal judge in California is requiring a Seattle lawyer to pay $251,000 in attorney fees and nearly $17,000 in interest for filing a fake news story with a federal appeals court in San Francisco.