Monday, July 19, 2021

Appellate tidbits

  • In Eisenberg v. Third District Court of Appeal, S269691, the Supreme Court today asked for an informal response to the writ petition (by August 9).
  • “Chief Justice Tani Cantil-Sakauye and Associate Justice Carol Corrigan hereby recuse themselves from participating in the matter,” stated a Friday docket entry in Eisenberg v. Court of Appeal for the Third Appellate District, S269691 (Cal. Sup. Ct., filed July 6, 2021). See 2 Justices recuse themselves from case on 3rd District Delays in the DJ [7/20/21].
  • Congrats to GMSR's Bob Olson who is receiving the Association of Southern California Defense Counsel's Hall of Fame Award (on Sept. 16).
  • Law.com has In-Person Oral Arguments Still in Limbo as Justices Begin Their Return to Normalcy
  • Today's DJ's Moskovitz on Appeal column is On Aggressive Trial Court Briefs, in which Myron shares a summary of his approach to appellate brief writing:

• Explain things very clearly (for readers who presumably know nothing about the case until you tell them);
• Focus on the justice of your cause, not just the law;
• Persuade with the facts and policy, rather than vague rhetoric and strong words;
• Never attack opposing counsel. Attack his arguments, but go easy on the adjectives (like "absurd");
• Keep it as short as possible, by omitting everything that does not contribute to persuading the court.