Appeals/Post-Trial Matters Litigation Strategy

Did the Trial Court Get the Factual Determination Wrong?

93566901Your client lost in the trial court. Should you appeal? A key basis for appeal is that the trial court’s ruling on a question of fact was erroneous. Here’s how to go about identifying a factual determination that might form the basis of an appeal.

Appeals/Post-Trial Matters Litigation Strategy Uncategorized

What Are My Prospects on Appeal?

78321411We all wish we had a crystal ball to tell us how things will turn out on appeal, but the best we can do is look at the trial court’s rulings and evaluate whether there are grounds for appeal and how solid those grounds may be.

Appeals/Post-Trial Matters Legal Topics Litigation Strategy Trial Strategy

Keep an Eye Toward an Appeal

careful_87453733Trying a case is hard enough, but throughout trial you should also keep in the back of your mind the need to preserve the record for appeal.

Civil Litigation Legal Topics Litigation Strategy

A Petition for Rehearing May Be a Necessary Longshot

Petitions for rehearing are rarely granted, and even when granted, the court of appeal seldom changes the result and issues a new opinion. Then why file one? Because it may be the longshot that is successful, and in any event, it may be a necessary prerequisite to filing a petition for review in the California Supreme Court. Here are the basics on filing a petition for rehearing.

Civil Litigation Legal Topics

Going Against the Grain: 5 Tips for Avoiding the Power of Precedent

We learn early in law school about the power of precedent — made binding on lower courts under the doctrine of stare decisis. But sometimes you have to go against the grain of long-standing precedent and ask a court to reject it.