Tag Archives: Appellate Procedure

The Adverse Amicus: Does Court Acceptance of Factual Assertions Require a More Active Response?

The September 1 issue of the New York Times reports on an upcoming article on the role of amicus curiae briefs in shaping Supreme Court opinions. The article, authored by William and Mary professor, Allison Orr Larsen, addresses the tendency of Supreme Court Justices to cite factual assertions made by amici. These assertions may inject matters into … Continue Reading

Why A Fees Claim Can’t Wait: Rodriquez v. Department of Financial and Professional Regulation

As we wrote in our preview of Rodriquez v. Department of Financial and Professional Regulation, private attorney general statutes are not uncommon in the law. Such statutes provide that if a private plaintiff provides, by his or her suit, what the legislature regards as a public service, the plaintiff gets his or her attorney’s fees back. … Continue Reading

CA Supreme Court schedules its February 2011 calendar

The CA Supreme Court has scheduled three civil cases for hearing on February 8, 2011. These cases address issues of duty & causation, the statute of limitations for multiple distinct injuries and the final judgment rule. Pooshs v. Philip Morris USA, Inc., et al., S172023, results from a request for guidance from the Ninth Circuit … Continue Reading

Orders Compelling Compliance with a Legislative Subpoena Are Appealable in California

While avoiding the marijuana legalization debates raging in the state, the California Supreme Court confirmed that orders compelling five medical marijuana dispensaries to comply with subpoenas issued by the City of Dana Point were appealable, reversing the dismissal by the Court of Appeal in these consolidated cases. In Dana Point Safe Harbor Collective v. Superior … Continue Reading

The California Supreme Court Schedules Oral Argument For Four Civil Cases

The Court will hear oral argument on four civil cases this November, addressing a variety of issues: Cassel v. Superior Court. (Wasserman, Comden, Casselman & Pearson),S178914: (1) Are the private conversations of an attorney and client for the purpose of mediation entitled to confidentiality under Evid. Code §§1115 through 1128? (2) Is an attorney a … Continue Reading

The California Supreme Court Accepts Review – Can an Appellant Recover as Costs on Appeal the Interest Paid on Sums Borrowed To Secure a Letter of Credit Used to Secure a Surety Bond?

The California Supreme Court has accepted review in Rossa v. D.L. Falk Construction, to review the issue of whether California Rules of Court, rule 8.278(d)(1)(F), which permits a successful appellant to recover "the cost to obtain a letter of credit as collateral," allows the recovery of interest paid on sums borrowed to fund a letter … Continue Reading

California Supreme Court Grants Review in Six Civil Cases

Last week the Supreme Court granted review in six civil cases, covering a wide variety of issues:   Coito v. Superior Court, which addresses when witness statements are protected from discovery as work product. See Civil Procedure/Evidence/Discovery update. Professional Engineers in California Government v. Schwarzenegger, which the Supreme Court transferred on its own motion before … Continue Reading

Illinois Supreme Court’s New Punitive Damages Opinion Signals Trial Judges on When and How to Cut Such Awards Under State Law

Today, the Illinois Supreme Court affirmed a punitive damage award that had been drastically reduced by the trial judge, and cut still more by the intermediate appellate court, to slightly over $80,000, or 1:1.  The State high court affirmed the punitives as reduced to 1:1.  This may sound like just another case applying the Campbell … Continue Reading

Texas Supreme Court Civil Issues Pending: Government Immunity

[UPDATED THROUGH APRIL 1, 2010] Availability of Interlocutory Appeal. Were a private hospital and a resident employed by the hospital entitled to bring an interlocutory appeal of a denial of a summary judgment based upon governmental immunity? Based on sections 3.12006 and 3.12007 of the Texas Health Code, when did the hospital or government unit and … Continue Reading

Texas Supreme Court Civil Issues Pending: Family Law

[UPDATED THROUGH APRIL 1, 2010] Availability of Free Record. Were petitioner’s due process rights violated when the trial court denied him a free clerk’s record and reporter’s record pursuant to Tex. Civ. Prac. & Rem. Code § 13.003? Did petitioner waive his complaint by failing to raise constitutional arguments at the hearing on his request … Continue Reading

California Supreme Court Civil Issues Pending: Judicial & Appellate Review

[UPDATED THROUGH SEPTEBMER 29, 2016] Can You Appeal a Claim That Was Dismissed Without Prejudice With a Waiver of the Statute of Limitations? After the Court of Appeal dismissed an appeal as being untimely and from a nonfinal judgment, the Supreme Court granted review on the issue of whether plaintiff can take an appeal regarding causes … Continue Reading