Friday, September 13, 2024

Building an appellate practice

The five California Appellate Projects (ADI, CAP-LA, CCAP, FDAP, SDAP) are presenting a Zoom webinar titled How to Build at Appellate Practice on October 17 @ 12:15 -- "Learn about the benefits of handling court-appointed appeals, including greater work-life balance and the opportunity to shape the law." See Appellate-Panels-Recruitment-Fall-2024.pdf (fdap.org)

How clear is it that you have to move for a new trial to appeal an award of punitive damages on the basis that the award is excessive in light of evidence about ability to pay? Here's an unpub from 4/1 with a dissent. The majority says, 'no new trial motion, then no appeal'; the dissent says 'that rule shouldn't apply if the appeal doesn't turn on the credibility of witnesses, conflicting evidence, or other factual questions.'

And then there's this unpub, which we'll call "the case of the blurting juror." [Bloomberg Law has Juror Who Blurted ‘I Agree’ in Closing Arguments Kept Open Mind]

And here's an unpub we'll call "get a darn judgment!"

On the federal side, see Law.com for Citing Missed Deadline, 2nd Circuit Tosses Appeal Against Equitable Insurance