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HTMLAppellate Court Upholds $203 Million Judgment Against Wells Fargo
Michael W. Sobol; Lieff, Cabraser, Heimann & Bernstein, LLP;
Legal Alert/Article
January 29, 2015, previously published on October 29, 2014
Michael W. Sobol of the national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that the U.S. Court of Appeals for Ninth Circuit today upheld the order of U.S. District Judge William Alsup reinstating a $203 million judgment against Wells Fargo Bank.

 

HTMLMyth of Trial No Longer Governs: Alberta Embraces New Summary Judgment Test
Peter D. Banks, Scott H. D. Bower, Russell J. Kruger; Bennett Jones LLP;
Legal Alert/Article
January 19, 2015, previously published on March 18, 2014
Effecting a cultural shift, a new summary judgment test has been embraced by the Alberta Court of Appeal in Windsor v Canadian Pacific Railway Ltd, 2014 ABCA 108 [Windsor]. This new test will make it easier to obtain summary judgment, which is a final disposition of a lawsuit without having to go...

 

Adobe PDFNew Amendments to Federal Rule of Appellate Procedure 6: Appeal in a Bankruptcy
Shannon L.C. Ammon; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
January 12, 2015, previously published on December 2014
On December 1, 2014, amendments to various federal rules of practice and procedure took effect. The only amendment to the Federal Rules of Appellate Procedure made three substantive changes to Rule 6, which deals with bankruptcy appeals: amending Rule 6(b)(2)(A)(ii) to remove any ambiguity...

 

Adobe PDFAppellate Tips for Trial Lawyers: Motion Practice: Evidence and Objections (Vol. 1, No. 2)
Cynthia E. Tobisman; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on January 2008
Evidentiary issues are fertile ground for appellate review. A key piece of evidence improperly excluded or a bit of damaging testimony improperly admitted can make the difference between victory or defeat not only at trial but also on appeal. But how do you make sure you preserve the record with...

 

Adobe PDFAppellate Tips for Trial Lawyers: Motion Practice: Admissible Evidence (Vol. 1, No. 1)
Robin Meadow; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on November 2007
Many motions, especially motions for summary judgment or summary adjudication, depend entirely on the evidentiary presentation, but the best evidence in the world isn’t good enough if you don’t present it properly.

 

Adobe PDFAppellate Tips for Trial Lawyers: Oral Argument: Is Anyone Listening? (Vol. III, No. 2)
Cynthia E. Tobisman; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on February 2011
Appeals can be a minefield for those who don't regularly practice in the appellate courts. This series of short articles, provided by members of the Association's Appellate Courts Committee, will help you find your way. Although the articles focus primarily on California state court appeals, much...

 

Adobe PDFAppellate Tips for Trial Lawyers: Motion Practice: Meeting Deadlines For Filing Writ Petitions (Vol. 1, No. 4)
Kent Bullard; Greines Martin Stein Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on March 2008
You may expect appellate proceedings to be more leisurely than rapid-fire trial work. But when it comes to filing writ petitions in the California Court of Appeal — particularly statutory writ petitions — there is no time to relax.

 

Adobe PDFAppellate Tips for Trial Lawyers: Let's Be Clear: Trial Attorneys Need to Establish a Comprehensible Trial Record for Appellate Review (Vol. 1, No. 6)
Edward Laucks Xanders; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on May 2008
Trial attorneys must tailor their evidentiary presentations to two distinct audiences: The trier of fact and the potential appellate court. Since the appellate record largely consists of printed words in transcripts, exhibits and pleadings, testimony that may be crystal clear to the trier of fact...

 

Adobe PDFAppellate Tips for Trial Lawyers: Proceed with Caution: Pitfalls in Preparing Jury Instructions (Vol. 1, No. 9)
Alana H. Rotter; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on September 2008
In the rush of preparing for trial, lawyers often leave the task of drafting jury instructions until the last minute. After the trial, however, the instructions are among the first things that an appellate specialist will want to review. Why? Because they are an unusually fertile source of trial...

 

Adobe PDFAppellate Tips for Trial Lawyers: Post-Trial: Protecting Superior Court Judgments from Enforcement. Part 2—Stays Pending Appeal (Vol. 1, No. 14-B)
Feris M. Greenberger; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on April 2009
California civil and criminal litigation overlap in a crucial area: preserving your record for appeal. Although this series of short articles is mainly designed for civil trial lawyers, some "best practices" apply in every trial. Keep an eye on what our appellate-lawyer writers have to...

 


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