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California Notice of Appeal May be Filed on Behalf of Trust by Non-Attorney...
The Second District of the California Court of Appeal holds that a trustee may sign and file a notice of appeal on behalf of the trust even though the trustee may not represent the trust in court....
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Court Upholds $143,809 in Costs Awarded for Preparation of a Single Exhibit
It sounds crazy in the abstract, not so much in the context of the case decided in the Fifth District of the California Court of Appeal, El Dorado Meat Co. v. Yosemite Meat and Locker Service, Inc.,...
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A Different Kind of Monkey Trial – How Not to Allege Judicial Bias
Monkeys and the law don’t seem to get along. The famous 1925 “Scopes Monkey Trial” was the prosecution of a high school teacher who taught that mankind descended from apes. An article linked here...
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Professor Martin’s Short Lesson on Clarity and Succinctness on Technical issues
Professor Shaun Martin at the University of San Diego School of Law provides a tongue-in-cheek lesson on succinctness and style for otherwise highly technical opinions in this post at his blog,...
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A Chemistry Lesson Resolves an Issue of First Impression in a Drug Case
In U.S. v. Hollis, case no. 05-30611 (May 7, 2007), the Ninth Circuit holds that under the rule announced in Apprendi v. New Jersey, 530 U.S. 466 (2000), under which “any fact [other than the fact of a...
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Blogs First – Wikis Next?
Its old news that courts have cited blogs in their opinions. A compilation of such opinions is posted here by Law Blog Metrics. That list is more than nine months old and lists citations to 27 cases...
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RSS Feed Issue Resolved
I’ve corrected the RSS Feed link in the right sidebar. The former link was inadvertently set up with an incorrect address for the feed. So, if you have tried unsuccessfully to subscribe to the feed,...
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FRCP Amendments Approved and Transmitted to Congress
The Supreme Court approved amendments to the Federal Rules of Civil Procedure and transmitted those amendments to Congress on April 30. They will take effect December 1, 2007 unless Congress...
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Election Contest Not Appropriate for Writ Review
In Nguyen v. Superior Court, case no. G038475 (May 14, 2007), the California Court of Appeal, Fourth District, holds that a losing candidate’s challenge to a ballot recount that reversed the results of...
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Claim Challenging Removal of Cross from County Seal Fails in Ninth Circuit
In 2004, under legal threat from the American Civil Liberties Union, Los Angeles County removed from its official seal an image of a cross (which shared the seal with the Roman goddess Pamona,...
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Legal Blogosphere Reacts as Ninth Circuit Puts the Brakes on CDA Immunity for...
Yesterday’s Ninth Circuit decision in Fair Housing Council v. Roommates.com, LLC, case no. 04-56916 (May 15, 2007) has the digital legal world abuzz . . . as one should expect of the latest decision on...
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On Writing Concisely
The Illinois Trial Practice Weblog asks in a post this morning, “Legal Writing: Is Shorter Really Better?“ Tongue in cheek, the writer answers, “Based on the briefs I regularly see in my own practice,...
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A Quip Too Far?
The writing style on display in a Florida appellate decision, Funny Cide Ventures, LLC v. Miami Herald, Fourth Dist. Ct. of Appeal case no. 4D06-2347 (May 16, 2007) has attracted some attention today....
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More Googlelaw
Perfect 10 publishes photographs of nude women and owns the copyrights in those images. Google displays thumbnails of those images in its image search results. Perfect 10 says this is infringement...
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Bloggers Beware
Kevin O’Keefe at Lexblog posts a link to an article on twelve laws every blogger should know. According to the bullet points, the article covers such issues as a blogger’s duty to monitor comments,...
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Helmetless Motorcyclist Equals Broken Taillight . . . Sort of
I remember my motorcycling days fondly, and riding without a helmet was one of the greatest sensations of physical freedom I ever felt. Right up there with skydiving — maybe better. But I also think I...
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On Writing Concisely – Part 2 (Updated)
I think you’ve hit a nerve when Judge Kozinski takes the time to write a dissenting opinion from an order granting your motion to file an oversized supplemental brief. After the moving party filed an...
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Blogging about Judges Can Be Dangerous
Most lawyers like to know a little about any judge they are going to appear before in a case. If a judge is new to them, they ask around. What do other lawyers think? Does the judge normally permit...
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Settled Statements, New Trials, and the Languishing Criminal Defendant
When a reporter’s transcript of proceedings is unavailable for appeal, the appeal may proceed by way of a “settled statement.” California Rules of Court, rule 8.130(g). Some pitfalls of this procedure...
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California Supremes Split on when Solicitation to Murder Becomes Attempt
Well, it’s not much of a split. It’s a 6-1 decision with Justice Werdegar dissenting. The California Supreme Court holds in People v. Superior Court (Decker), case no. S130489 (May 21, 2007), that a...
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Rockin’ the Boat after a Trademark Settlement
The ephemeral nature of trademark litigation comes out in Abercrombie & Fitch Co. v. Moose Creek, Inc., case no. 06-56774 (May 22, 2007). In 2004, Moose Creek sued Abercrombie, alleging that...
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Emotional Distress Damages for Statutory Habitability Action
In McNairy v. C. K. Realty, case no. B178918 (May 22, 2007), the Second District Court of Appeal holds that tenants may recover emotional distress damages in an action under Civil Code section 1942.4...
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Judge Kozinski’s Nautically Themed Dissent
Twenty-five years after graduating from the Naval Academy, I still call whatever I happen to be walking on — whether a carpet, concrete, a lawn, or bare ground — “the deck.” I like a nautical theme as...
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Effective Cert Petitions in the Absence of a Direct Circuit Split
SCOTUSblog has an update to its earlier post on drafting effective cert petitions in the absence of a direct circuit split. The post links to the most recent podcast and provides all the information...
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A Quip Too Far? Update
I’ve updated my May 17 “A Quip Too Far?” post with a link to more recent, and quite excellent, commentary on the unorthodox opinion in Funny Cide Ventures, LLC v. Miami Herald, and am providing this...
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Conflict with Appellate Counsel Doesn’t Merit Habeas Relief
In Foote v. Del Papa, case no. 06-15094 (May 22, 2007), the Ninth Circuit holds that a state criminal defendant’s “irreconcilable conflict” with appellate counsel does not, in itself, entitle the state...
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Ninth Circuit Takes Appellate Jurisdiction over Pretrial Stay Orders
A whole lot of insurance companies sue a whole lot of doctors and clinics. The insurers allege that the defendants gave away cash and vacation packages to lure patients into undergoing unnecessary...
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Child Pornographer Remains Anonymous In Ninth Circuit Ruling – and Limits His...
Appellate Law & Practice and Decision of the Day both report on what the latter calls a “remarkable decision” today from the Ninth Circuit. Both write about the fact that in United States v. Doe,...
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Disrespect . . . With All Due Respect
“I suggest to you with respect, Your Honor, that you’re a few French fries short of a Happy Meal in terms of what’s likely to take place.” This statement to a judge was made by (a) a newly minted,...
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Anti-SLAPP Attorney Fee and Costs Application is Timely any Time Prior to...
In Carpenter v. Jack in the Box Corp., case no. B188707 (May 25, 2007) the Second District Court of Appeal holds that an application for anti-SLAPP attorney fees and costs under Code of Civil Procedure...
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Processing Irony in a Ninth Circuit Equal Protection Case
Circuit Judge Berzon hooked me with this opening paragraph of U.S. v. Trimble, case no. 06-30298 (May 30, 2007): The Bill of Rights was ratified in 1791. The United States produced its first automobile...
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The Proper Action When an Appeal is Mooted
Offering a concise lesson on when a moot federal appeal should be dismissed and when it shouldn’t is the Ninth Circuit’s decision in NASD Dispute Resolution, Inc. v. Judicial Council of the State of...
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Ninth Circuit Panel Splits on Appellate Jurisdiction over Denial of FSIA...
The Ninth Circuit tackles a question of appellate jurisdiction in Gupta v. Thai Airways International, case no. 04-56389 (May 30, 2007). The riddle — which the majority overlooks until it responds to...
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The Principle behind Homonyms — and a Pet Peeve: Sole Solos
Have fun reading Professor Martin’s teasing about a grammatical error repeated in two recent Ninth Circuit opinions. I agree with the professor. A mitigating circumstance, however, is that the mistake...
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Changes Made and Changes Coming to The California Blog of Appeal
I’m in the process of setting up my own web host for The California Blog of Appeal. Right now, the blog is hosted on WordPress.com. at the URL http://calblogofappeal.wordpress.com. Those of you who...
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Military Additions to the Blogroll
Let me join Appellate Law & Practice in welcoming the Military Justice Blog to the legal blogosphere. According to the blog’s subheading, the Military Jusice Blog will include miltary appellate...
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Some Appellate Law Reminders Coming Up
Last week saw several published decisions with good discussions of appellate procedure and jurisdiction. The most in-depth is the Ninth Circuit case I blogged about here, but there are several...
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Liberalized Standards for Publication of Appellate Opinions
Professor Martin jokingly pleaded with the Ninth Circuit and California Court of Appeal to “slow down last” week. The California Court of Appeal issued 32 decisions in a 3-day span starting on May 29....
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Appellate Jurisdiction: Order Denying Motion to Vacate
An order denying a motion to vacate usually isn’t appealable unless the motion is a statutory motion under Code of Civil Procedure section 663. But in Carr v. Kamins, case no. B191247 (May 31, 2007),...
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Judicial Council Soliciting Comments on Proposed Civil Jury Instruction...
The Judicial Council of California is seeking comments on proposed changes to civil jury instructions regarding punitive damages. The proposed changes are intended to bring the instructions in line...
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Judicial Council Soliciting Comments on Proposed Changes to Rules for Appeals...
The California Judicial Council is seeking comments on proposed changes to the rules governing appeals to the appellate division of the Superior Court, which hears appeals from limited civil cases and...
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Judicial Council Soliciting Comments on Proposal for Electronic Submission of...
Parties to an appeal are currently required to serve the Supreme Court with four copies of the briefs they file in the Court of Appeal. A proposed change to rule 8.212, California Rules of Court,...
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Other Judicial Council Proposals Awaiting Comment
In addition to the three proposals I posted about today, the Judicial Council is soliciting comments on several other proposals. They are consolidated here. There is also a downloadable fact sheet on...
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Please Use the WordPress URL
My work on moving to a self-hosted blog is ramping up. Until further notice, please use the WordPress URL — http://calblogofappeal.wordpress.com — to access this blog. While I am fiddling with the...
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Claiborne Case Sparks Debate
In Claiborne v. U.S., case no. No. 065618 (June 4, 2007), the U.S. Supreme Court decided that the death of the petitioning criminal defendant rendered the case moot, and thus it vacated the judgment...
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Trial Lawyers, Did You Know About This?
A site that tracked back to this post of mine looks like it might be of interest to my trial lawyer readers. The site juryexperiences.org subheads its page, “What Really Happens On Juries.” It opens...
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Is it Just Me, or is this a Mouthful?
In Roddy v. Superior Court, case no. D049796 (decision filed May 16, 2007, ordered published on June 7, 2007) the jury commissioner sought writ review of a trial court order enforcing a subpoena duces...
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An Appealable Discovery Order
Most parties faced with an adverse discovery ruling have to grin and bear it. Discovery orders are not generally appealable, and a writ petition is such a longshot that unless the ruling threatens a...
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Looking Good for the Move on Monday
Barring any unforeseen difficulties, it looks like the move to the self-hosted blog will go ahead on schedule on Monday, June 11. I will post instructions here when the move is complete.
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WE HAVE MOVED
This blog has permanently relocated to http://www.calblogofappeal.com. (For those of you who already thought you were accessing us at that URL, see this post.) Please reset your bookmarks, blogrolls,...
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