Legal Articles: Carroll, Burdick & McDonough LLP

 







Document(s) published by this organization: 8


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HTMLThe Hierarchy of Precedent
Laurie Hepler; Carroll, Burdick & McDonough LLP;
Legal Alert/Article
August 5, 2014, previously published on July 2014
California has a huge judicial system, with six appellate districts in addition to our Supreme Court. Persuasive appellate briefs argue from the highest level of authority available, and work down.

 

HTMLThe Brown Court
Laurie Hepler; Carroll, Burdick & McDonough LLP;
Legal Alert/Article
July 8, 2014, previously published on June 2014
The talk of the California appellate world is the announcement that Justice Marvin Baxter will retire from the California Supreme Court in January. Coming right after the recent retirement of Justice Joyce Kennard, this gives Governor Brown his second and third high-court appointments in quick...

 

HTMLA Brief I Can’t Put Down
Laurie Hepler; Carroll, Burdick & McDonough LLP;
Legal Alert/Article
May 21, 2014, previously published on May 2014
A California appellate justice recently told me, “I’ve never read a brief I can’t put down.” He was not being snarky. He strongly believed it was possible to write a page-turner of a legal brief, and dreamed of the day when he would read one.

 

HTMLIs This Appealable?
Laurie Hepler; Carroll, Burdick & McDonough LLP;
Legal Alert/Article
April 23, 2014, previously published on April 2014
It's April, and time for my semi-annual installment of "Is This Appealable?" -- a selection of the adverse orders that trial lawyers ask me about most often. As usual, these answers apply 95% of the time in California state courts; there are usually exceptions, and every adverse order...

 

HTMLRelief From Pre-Judgment Losses?
Laurie Hepler; Carroll, Burdick & McDonough LLP;
Legal Alert/Article
March 6, 2014, previously published on February 2014
Some pre-judgment orders are reviewable in different ways: (1) by emergency writ petition, or (2) by appeal -- either immediate (such as for an order disqualifying counsel) or from the final judgment (e.g. orders denying a party's demand for jury trial).

 

HTMLLegal Landscaping for a Business’ Future
Laurie Hepler; Carroll, Burdick & McDonough LLP;
Legal Alert/Article
February 3, 2014, previously published on January 2014
Strategic appellate litigation can deliver real improvement in the business atmosphere. You can't eliminate aggressive competition, or absenteeism, but you can -- with careful planning and skilled advocacy -- influence the law that affects the bottom line. And occasionally, you won’t have a...

 

HTMLLatest on Appealable Judgments
Laurie Hepler; Carroll, Burdick & McDonough LLP;
Legal Alert/Article
October 7, 2013, previously published on October 2013
ASIC is early this month, to bring you the latest word from the California Supreme Court on what counts as an appealable judgment: Kurwa v. Kislinger.

 

HTMLWhy Oral Argument?
Carroll Burdick McDonough LLP;
Legal Alert/Article
September 19, 2013, previously published on September 2013
Why spend so many hours preparing for what is typically a 15-30 minute appearance in court? Oral argument is "inefficient" by any usual measure. But it is also necessary in most cases, and a valuable luxury in plenty more.