Podcast

After Jeff quizzes Tim on a bit of appellate esoterica about the automatic 15-day default extension for appellate briefs, the co-hosts discuss whether appellate justices modulate their approaches to sympathetic cases. The conversation also covers recent cases involving: Defective notices of appeal. Can an action be dismissed pending appeal? A surprising recent case answered “No.”...Read More >>

In this special episode, Jeff interviews me about the best and worst things about appellate law. I talk about a couple of my favorite war stories, my approach to legal writing, and my favorite comedian. Then to business, we discuss some recent cases, including appellate sanctions for trial court conduct, the nonappealability of arbitrator injunctions,...Read More >>

On episode 29 of the California Appellate Law Podcast, probate appellate attorney David Greco joins Tim Kowal and Jeff Lewis to discuss some of the unique features and challenges in probate appeals: Fact challenges in probate appeals are uniquely difficult to win. Probate trials are typically bench trials, and appellate courts very rarely overturn a...Read More >>

The authors of the famous CalAttorneysFees.com blog, Marc Alexander and Michael Hensley, visit the California Appellate Law Podcast to discuss tips, traps, and best practices on attorney fee motions. We discuss why California’s attorney fees statutes can be so complicated, why reasonable fees sometimes get cut, and why unreasonable fees sometimes don’t. Some key takeaways:...Read More >>

When we covered some of the tips and pitfalls of family-law appeals on episode 6 of the California Appellate Law Podcast, it became one of our most popular episodes. So we invited Victoria Fuller, a certified appellate specialist focusing on family law, to join us for another installment. Walking practitioners through various procedural issues in...Read More >>

“I’m not a prophet,” Judge Lawrence VanDyke wrote in his controversial concurring opinion in McDougall v. County of Ventura. Second Amendment attorney Sean Brady disagrees. Joining appellate attorneys Tim Kowal and Jeff Lewis, Sean says Judge VanDyke will be proven correct: the Ninth Circuit in the last several years has granted en banc review of...Read More >>

Reviewing some 9th Circuit and California appellate cases of note from early 2022, appellate specialists Tim Kowal and Jeff Lewis discuss these juicy issues: Can the 6th Amendment right to speedy trial be indefinitely postponed due to Covid? (Yes, if the defendant is not incarcerated, says the 9th Circuit in United States v. Olsen.) Can...Read More >>

Attorney and author Ryan McCarl joins Tim and Jeff to discuss his forthcoming book, Elegant Legal Writing, and his career through academia into private practice. Ryan tells Tim and Jeff the most common mistakes in attorneys’ briefs, which include legalese (why are you still using legalese?), and providing too little white space on the page...Read More >>

Jeff Lewis and I round up some recent appellate cases, and briefly discuss why California still does not make audio recordings of proceedings like federal courts do. Here are the cases we discuss: Singman v. IMDB.com, bookmark this published opinion holding that legal propositions in a brief without a citation will be ignored. Center Street...Read More >>

Attorneys David Ettinger and Dean Bochner join hosts Tim Kowal and Jeff Lewis to explain their proposal to amend California Rules of Court 8.1115, the rule that prohibits the citation to unpublished opinions. David and Dean note that, despite rule 8.1115 near-categorical ban, the courts in practice already condone such citations in some contexts, most notably petitions for review. David also discusses the...Read More >>

In this timely episode of the California Appellate Law Podcast, health care litigator Rick Jaffe joins appellate attorneys Tim Kowal and Jeff Lewis to discuss the maelstrom of lawsuits challenging vaccine mandates in state and federal trial courts and appellate courts throughout the nation. Rick’s practice focuses on cutting-edge medical and legal issues across the...Read More >>

Appellate attorney and author Myron Moskovitz joins Jeff Lewis and me on episode 20 of the California Appellate Law Podcast. Myron has been practicing appellate law since the '60s, and has curated an impressive collection of effective strategies to win appeals. Some of the topics we discuss include: Why appellate courts should provide brief explanations...Read More >>

Appellate attorney Anne Grignon joins Tim Kowal and Jeff Lewis to discuss her recent win in  Banc of California v. Superior Court from an order compelling arbitration. Anne discusses when and why to take a writ from nonappealable orders. The attorney then turn to private judging generally, discussing Justice Segal's recent caution about the industry's...Read More >>

We discussed Marin Housing Authority v. Reilly on episode 14 of the California Appellate Law Podcast. Appellate attorney John Reeves joined us to discuss his amicus brief in the U.S. Supreme Court explaining why the California Supreme Court's 4-3 decision was incorrectly decided. The U.S. Solicitor General apparently agrees. Reilly involves the question whether a public housing authority, in calculating a...Read More >>

Frances Campbell  of Campbell & Farahani, LLP  joins Tim Kowal and Jeff Lewis for a discussion about housing law, eviction defense, appeals and practicing in limited jurisdiction courts. Fran shares her views on the coming eviction tsunami (spoiler, she says it's a myth) , the term "HateWrite," and the font Cochin for brief writing. Appellate...Read More >>

Lee Goldberg joins us for a discussion about his perspective as in house counsel. Lee shares decades of experience using litigators to solve business problems and offers advice for trial attorneys serving corporate clients. We talk about Lee’s recent video series on LinkedIn and his website CalLawyers.com, and what a general counsel looks for when...Read More >>

What was it like to give the first virtual oral argument in the California Supreme Court? And how did the Orange County District Attorney's office create a new legal precedent in California that effectively allows local district attorneys to pursue statewide enforcement actions? Kelly Ernby of the Orange County District Attorney's office tells Jeff Lewis...Read More >>

Attorney business coach Alay Yajnik was kind enough to invite me onto his podcast, the Lawyer Business Advantage, to discuss how an appellate attorney can help trial attorneys win and add value to the services they provide clients, telling clients appreciate hearing why the attorney cares about the case rather than just how much the...Read More >>

Jeff Calkins, a recently-retired senior research attorney with the Court of Appeal, talks with appellate attorneys Jeff Lewis and Tim Kowal about what it is like working at an appellate court ("like a monastery," in a good way), about how the writ panel works, cultural differences in the different district Courts of Appeal, and why...Read More >>

Appellate attorney John Reeves  joined TVA appellate attorney Tim Kowal and co-host Jeff Lewis to discuss incorporating amicus briefs into your appellate strategy. John discusses Marin Housing Authority v. Reilly, a California case pending possible review by the United States Supreme Court, and has already attracted the interest of amici. At issue is whether a...Read More >>

Filing a critical motion in limine could be key to your trial. What about 40 motions in limine? Appellate attorney Frank Lowrey says he’s heard trial judges refer to these as "stupid motions in limine." Watch the clip here. You can listen to Jeff Lewis and Tim Kowal's entire interview with Frank Lowrey at episode 13...Read More >>

Georgia appellate attorney Frank Lowrey joins Tim and Jeff to discuss Williams v. Harvey, a recent decision by the Georgia Supreme Court concerning preservation of error and motions in limine, in a June 2021 interview in episode 13 of the California Appellate Law Podcast. Frank notes the important nuances in rulings on motions in limine: a denial preserves the evidentiary objections...Read More >>

Ever wondered what a federal appellate judge thinks of your legal writing? Judge Robert Bacharach of the Tenth Circuit Court of Appeals told Jeff Lewis and me on the California Appellate Law Podcast. Judge Bacharach just published a book titled, Legal Writing: A Judge's Perspective. Judge Bacharach would like you to know: ✎ Writing clearly keeps your...Read More >>

In episode 11 of the California Appellate Law Podcast, TVA appellate attorney Tim Kowal discusses some recent cases with co-host Jeff Lewis in which state and federal appellate courts have found waivers and other errors made by attorneys and parties in the trial court. Like reading a high school yearbook, appellate decisions often capture attorneys...Read More >>

On our latest podcast, Jeff Lewis and I interview Alan Yockelson, discussing genetic testing, Charles Manson, and whether the Cal. Supreme Court is beginning to doubt whether juries are still capable of sniffing out fraud. Also discussed: • The value of tentative opinions on appeal • How appellate oral argument can change an outcome • Asserting objections...Read More >>

Esteemed appellate specialist M.C. Sungaila joins co-hosts Tim Kowal of TVA and Jeff Lewis and on episode 8 of the California Appellate Law Podcast for a wide-ranging discussion on: appellate apprenticeship preparing cases for appeal whether to consider waiving oral argument (M.C.'s answer: Never.) The discussion then turns to questions relating to appellate briefing, including...Read More >>

TVA appellate attorney Tim Kowal and co-host Jeff Lewis discuss appellate bonds and stays in the latest episode of the California Appellate Law Podcast. Appellate stays can play a significant role in changing the posture of litigation and the relative bargaining power of the parties. We discuss where to watch out for stays in anti-SLAPP...Read More >>

TVA's Tim Kowal is a co-host of the California Appellate Law Podcast. In episode 5 we discuss California cases and procedures in impacting making and challenging peremptory challenges to jurors and motions for reconsideration. Appellate Specialist Jeff Lewis' biographyAppellate Specialist Tim Kowal's biographySign up for Tim Kowal’s Weekly Legal Update Cases and Laws mentioned in...Read More >>

TVA's Tim Kowal is a co-host of the California Appellate Law Podcast. This episode discusses cases and procedures in appealing preliminary injunctions.  Listen here. Appellate Specialist Jeff Lewis' biography.Appellate Specialist Tim Kowal's biography . Cases mentioned in this episode ABBA Rubber Co. v. Seaquist (1991) 235 Cal.App.3d 1  Abbott Laboratories v. The Superior Court (2018)...Read More >>

TVA's Tim Kowal is a co-host of the California Appellate Law Podcast. To listen or subscribe, click here. This episode of California Appellate Law Podcast discusses cases, procedure and common pitfalls in appeals involving summary judgments. Listen here. Appellate Specialist Jeff Lewis' biography and background.Appellate Specialist Tim Kowal's biography and background. Cases mentioned in this...Read More >>