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Carroll, Burdick & McDonough LLP Document Search Results (10)

 

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HTMLThanksgiving Out West
Laurie Hepler; Carroll, Burdick & McDonough LLP;
Legal Alert/Article
December 10, 2014, previously published on November 2014
On Election Day, Nevadans finally voted to establish an intermediate appellate court. For years, that state’s economy and population have been generating far too many appeals and writ petitions for just its Supreme Court to handle competently (or at all), and its trial courts have run without...

 

HTMLIs This Appealable?
Laurie Hepler; Carroll, Burdick & McDonough LLP;
Legal Alert/Article
October 28, 2014, previously published on October 2014
It's October, and that means Giants in the playoffs (even-numbered years!) and time again for the semi-annual "Is This Appealable?" As longtime readers know, this is a rotating selection of the adverse orders that trial lawyers ask me about most often. These answers apply 95% of the time...

 

HTMLPension-Cutting Measure Removed from November Ballot
Gregg McLean Adam, Amber Lynn Griffiths, Gary M. Messing; Carroll, Burdick & McDonough LLP;
Legal Alert/Article
September 4, 2014, previously published on August 6, 2014
On August 4, 2014, the Ventura County Superior Court ordered the County to remove an initiative from the ballot that would have phased out the County’s defined benefits pension plan and replaced it with a 401(k). A second question on the measure, if approved, would have set a cap on...

 

HTMLNo Appeal of Court Order Invalidating Ventura County Ballot Pension-Cutting Measure
Gregg McLean Adam, Amber Lynn Griffiths, Gary M. Messing; Carroll, Burdick & McDonough LLP;
Legal Alert/Article
September 4, 2014, previously published on August 13, 2014
Proponents of a referendum will not appeal a ruling that invalidated a pension-cutting ballot measure. Last week, the measure was invalidated by Judge Kent Kellegrew. An appeal was widely expected, including by the court, which had stayed its decision long enough to allow an appellate court to rule...

 

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...