Wednesday, July 22, 2020

J. Dato on the Std of Review

Justice Dato starts off this unpub'd 4/1 decision today like this:
Appellate judges and practitioners often speak about the importance of the standard of review on appeal. This is because the standard of review defines the relationship between the appellate court and the trial judge whose decision it is reviewing, and it does so by specifying the extent to which the appellate court will defer to the trial court’s conclusions. (See generally Hurtado v. Statewide Home Loan Co. (1985) 167 Cal.App.3d 1019, 1023–1025.) By providing the foundational framework, the applicable standard of review affects virtually every appellate case in subtle ways, even if it is never expressly mentioned in the opinion. Occasionally, when it impacts the appellate decision directly, it can be dispositive.

How Appealing reports: Beginning this week, you will notice Fifth Circuit opinions have a completely new format, and the Equity Text A font replaces Century Schoolbook, which the court has used since 2007.
To see the new font in action, check out this opinion.

E·qui·ty, n. A text family designed by Matthew Butterick. Available only at equityfont.com.