Τα καλύτερα Appellate podcast (2024)

1
What to know about “snap” and “super snap” removals 13:04

4d ago13:04

13:04

Are you expecting a lawsuit? And do you want to get that lawsuit into federal court? If your client is domiciled in California, you need to know about “snap removals.” If you get wind of the lawsuit before it is served, you might be able to defeat the removal-bar on home-state defendants. But don’t commit a “super snap” removal. That’s when you rem…

1
Winning Cases on Legal Issues Before and During Trial 1:04:32

9d ago1:04:32

1:04:32

As civil trials become more expensive and less frequent, proactive attorneys should look for ways to streamline or end their cases before trial. Luckily, both Texas statutes and court rules provide some helpful tools. In this episode Todd Smith and Jody Sanders discuss ways parties can address legal issues before, during, and after trial that can s…

1
Is the Racial Justice Act Unconstitutional? 23:35

10d ago23:35

23:35

Racial minorities are sometimes removed from prospective juries—just like everybody else. But the Legislature is so concerned that this could happen on the (obviously improper) basis of race that the Racial Justice Act prohibits a challenge to a racial minority even on the basis of proper factors, such as lack of life experience. And if that happen…

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Top 10 Tips for Family Law Appeals 25:52

18d ago25:52

25:52

Every day as an appeals lawyer brings new puzzles. But some puzzles repeat. So in this episode, we compile the top 10 tips dispensed regularly to trial attorneys working in family court. They include: 👉 Know your appealable issues—appeal now, or lose it forever! 👉 Request a statement of decision. Don’t need to, you say? Judge already gave a tentati…

1
Social Media and Jury Waiver High Court Cases, and Other Appellate News 36:22

25d ago36:22

36:22

The U.S. Supreme Court provides awaited guidance on public officials’ use of social media, and the California Supreme Court gives a cautionary tale about waiving the right to a jury trial. Jeff and I discuss: 📰Free Speech on Government Social Media: Lindke v. Freed (Mar. 15, 2024, No. 22-611), notable for being short and unanimous, holds that, when…

1
Five Hard Truths About an Appellate Practice, with Raffi Melkonian 52:53

1M ago52:53

52:53

Raffi Melkonian has argued and won in the U.S. Supreme Court, and started the #AppellateTwitter community of appellate attorneys on Twitter/X, where he has over 65,000 followers, and speaks and writes on appeals across the country. And Raffi is here to tell you that building a business on an appellate practice—even a very successful one—is very har…

1
Navigating Federal Tort Claims on a National Scale | Tom Jacob 49:31

1M ago49:31

49:31

Suing the federal government can be a daunting task. In this episode, Todd Smith and Jody Sanders sit down with Tom Jacob, a partner at National Trial Law in Austin, Texas, to discuss the intricacies of litigating cases under the Federal Tort Claims Act. Tom highlights the groundbreaking Sutherland Springs mass-shooting case, in which his firm secu…

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Sanctions, Successful Reconsideration, and Other Feb. 2024 Cases 45:21

2M ago45:21

45:21

We discuss how to avoid appellate sanctions, and an unusually successful motion for reconsideration: $50k sanctions against appellant for blowing appellate procedure. Motion for reconsideration was untimely, but righteous. Trial judge did not take the Court of Appeal’s hint, so writ issued. (But the trial judge was right to let the writ issue.) Ant…

1
Why Judges Should Take the Legal Accountability Project Pledge | Judge Doug Nazarian & Aliza Shatzman 1:06:47

2M ago1:06:47

1:06:47

Judicial clerkships can provide unparalleled access and prestige to young lawyers just entering practice. But because the judiciary requires confidentiality and secrecy to operate properly, often law students don’t know what to expect. The Legal Accountability Project is working to change that by making the system more transparent for law schools a…

1
Judge Nazarian to Judges: Take the Accountability Pledge 1:02:59

2M ago1:02:59

1:02:59

There are 30,000 law clerks in the U.S., and we have no good way to know to judge their experiences. So Judge Douglas Nazarian of the Appellate Court of Maryland—and board member of the Legal Accountability Project—asks judges everywhere to take the LAP Pledge. The Project hosts a growing database of survey responses from judicial clerks, but it ne…

1
Sleep Well to Crush Your Enemies, with Leslie Porter 52:11

2M ago52:11

52:11

You thought health and wellness was just for hippies, losers and weirdos. But you were wrong. Leslie Porter explains that if you are waiting for your health issues to become acute enough for a prescription, you are not at your best. Not only are you laying the groundwork for possible big problems down the road, you have lower energy, weakened drive…

1
So You Think You Understand the Snitch Rule? 56:27

2M ago56:27

56:27

Next time your opposing counsel takes issue with something you say, don’t be surprised to find a complaint in the next filing citing to rule 8.3 of the Rules of Professional Conduct—the new “snitch rule.” There are about a dozen terms of legal art in the snitch rule, so we asked Judge Meredith Jury (Ret.) and Certified Bankruptcy Specialist Stella …

1
Kyle O’Malley, the Attorney Who Won the Raines’ Supreme Court Employee-Screening Case 51:00

3M ago51:00

51:00

Just a few years out of law school, Kyle O’Malley won a landmark case in the Supreme Court of California. The employer’s screening service in *Raines v. US Healthworks Medical Group*, 15 Cal.5th 268 (2023) used a generic questionnaire asking about menstrual cycles, hemorrhoids, hair loss, and all sorts of fool questions not tailored to the specific…

1
No More Anti-SLAPPs in Fed Court? With Cory Webster 1:02:25

3M ago1:02:25

1:02:25

The 9th Circuit is taking up the ostensible narrow issue of appealability of anti-SLAPP orders. But it could be broader. Much broader. If the court decides anti-SLAPPs are procedural rather than substantive, says Cory Webster, that would mean no more anti-SLAPP motions in federal court. We also discuss that recent panel that departed from an earlie…

1
Cert on Homeless Encampments and En Banc on SLAPPs 38:03

3M ago38:03

38:03

The Supreme Court has granted cert on whether prosecuting a homeless sidewalk-camper is cruel and unusual punishment. And the 9th Circuit has granted en banc review whether anti-SLAPP denials are appealable. Also: You are doing MSJ separate statements wrong (maybe). There are two schools of thought, and the Court of Appeal in a partially published …

1
Tackling Bullying in the Legal Profession | Scott Stolley 57:31

3M ago57:31

57:31

In this episode, seasoned appellate practitioner Scott Stolley sits down with Todd Smith and Jody Sanders to confront the issue of bullying in the legal profession. Scott explores the multifaceted nature of bullying, from interactions with opposing counsel and judges to the challenges of managing clients and relationships with lawyers in the same f…

1
Cal’s initial disclosures, minimum discovery sanctions, & some ¯\(ツ)/¯ cases 36:40

3M ago36:40

36:40

California law now provides for initial discovery disclosures. Get a template handy for your upcoming cases. And watch out for the new minimum $1,000 sanction for discovery misconduct. And some recent cases: The definitive answer whether orders on motion to enforce settlements are appealable is: Nobody has any friggin’ idea. And the answer on how t…

1
How appellate attorneys beat summary judgments, with Yisrael Gelb 41:24

4M ago41:24

41:24

Yisrael Gelb focuses his appellate practice on helping plaintiff lawyers beat summary judgment. We talk about some of his approaches to successfully opposing summary judgment motions, including: 🔧 Look for common defects in the moving party’s separate statement 🤜 Push back on the moving party’s showing. It is often not up to snuff. Drive that point…

1
How Lawyers Should Approach Implementing AI into Their Practices | Tim Armstrong 59:00

4M ago59:00

59:00

Artificial intelligence is a technological evolution that’s reshaping the future of law. But its rapid ascent contains both benefits and potential pitfalls for the unwary. In this episode, former Vinson & Elkins executive Tim Armstrong visits with Todd Smith and Jody Sanders about the evolving landscape of AI and its potential impact on the legal p…

1
2023’s Best Guests, Cases & Tech 57:46

4M ago57:46

57:46

Looking back on the year’s 50 episodes, we discuss some of our best guests, including our 9th Circuit correspondent, Cory Webster, our legal-writing correspondent, Ryan McCarl, our legal-movie correspondent, Gary Wax, and our inspirational public-interest appellate lawyers Chris Schandevel and Carl Cecere. There’s our legal-citation-parenthetical m…

1
Happy Holidays and Parting Thoughts for 2023 7:39

4M ago7:39

7:39

In this special year-end episode of the Texas Appellate Law Podcast, hosts Jody Sanders and Todd Smith reflect on the year, express gratitude to their audience and sponsors, and revisit past episodes relevant to coping with the holidays. They also touch on recent developments in Texas appellate law, including new rules from the Texas Supreme Court.…

1
Eugene Volokh on Restraining Orders and the First Amendment 58:36

4M ago58:36

58:36

Prof. Eugene Volokh joined us to discuss restraining orders, how many of them violate the First Amendment as unlawful prior restraints, and how you can spot the First Amendment problems. The purpose of a restraining orders is to get a person to stop harassing you, but “harassment” can be a pretty vague term—and the same goes for “bullying,” “cyberb…

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Handling Post-Conviction Death Penalty Cases Pro Bono | McKenzie Edwards 47:09

5M ago47:09

47:09

Finding a career in the law and finding something you’re passionate about don’t always intersect. But McKenzie Edwards, a trial lawyer with Cleveland | Krist PLLC in Austin, has managed to do both. Starting in law school, she saw the inconsistent and nebulous rules concerning how and when a state seeks the death penalty. This inspired her to repres…

1
High-Profile Employment Appeals with Glenn Danas 1:05:45

5M ago1:05:45

1:05:45

Employment and class-action attorney Glenn Danas has argued 49 appeals in state and federal appellate courts throughout the country, including a current streak of eight consecutive reversals. Glenn talks with us about litigating the landmark Iskanian case, and how he turned the panel that initially issued a 148-page tentative against his client. Gl…

1
Addiction and the Recovery Journey for Lawyers | Brian Cuban 1:03:09

5M ago1:03:09

1:03:09

Mental health struggles and addiction are more common than we realize, especially among attorneys. In this episode, Brian Cuban, author of The Addicted Lawyer: Tales of the Bar, Booze, Blow, and Redemption, delves into addiction and the recovery journey for lawyers. As an advocate for mental health awareness and recovery, Brian shares his personal …

1
Liar in a Crowded Theater, with Jeff Kosseff 50:54

5M ago50:54

50:54

Turns out you CAN shout “fire” in a crowded theater, and lots of other lies besides—unless the government meets a heavy burden, that is. The author of four books and more than 20 academic articles, First Amendment scholar and Naval Academy associate professor Jeff Kosseff makes the case for the freedom to speak freely, and even to tell lies, free (…

1
Thankful for Unpublished Opinions 36:20

5M ago36:20

36:20

In a recent opinion, the Court of Appeal reversed by noting that one of the grounds supporting the judgment was forfeited…by the respondent. Wait. By the respondent? An appellant must be careful not to forfeit argument, but not the respondent. We discuss, and express gratitude that this one was not published—and thus cannot be cited as precedent. W…

1
Emerging Ethical Issues for Lawyers Using AI | Derek Bauman 1:10:58

5M ago1:10:58

1:10:58

Artificial intelligence is rapidly evolving and is beginning to impact almost every aspect of our lives. The legal industry is no exception, and numerous ethical issues have emerged as a result. In this episode, Todd Smith and Jody Sanders explore the ups and downs of lawyers using generative AI with Derek Bauman of Feldman and Feldman in Houston. …

1
Appellate Bonds: What You Client Needs to Know, with Dan Huckabay 47:29

5M ago47:29

47:29

Trial resulted in a sizable judgment against your client. You know to stay judgment enforcement you have to post a bond, but what, exactly, does that mean? And how do you do it? Enter Dan Huckabay from Court Surety Bond Agency. We sit down with Dan and ask him how we attorneys can be a hero for our clients by knowing a few key things about appellat…

1
Elegant Legal Writing, with author Ryan McCarl 1:03:52

6M ago1:03:52

1:03:52

Ryan McCarl, author of the latest book on legal writing, Elegant Legal Writing, sits down with us to discuss why now, more than ever, attorneys need to elevate beyond ChatGPT and distractions to rise to our role as teachers of the law. Ryan offers these actionable tips: 🖋️ “Defer editing” and “second-guessing” until a later draft. Don’t be committe…

1
A Longtime Trial Judge's View from the Appellate Bench | Justice Gisela Triana 55:06

6M ago55:06

55:06

Few Texas judges have seen the courtroom from as many perspectives as Third Court of Appeals Justice Gisela Triana. From a practitioner, to a municipal judge, to a trial court judge on various benches, Justice Triana has served the State in a variety of roles. She joins Todd Smith and Jody Sanders in this episode to discuss the insights she has gai…

1
Reversals on Technicalities: 4 Recent Examples 40:13

6M ago40:13

40:13

Appellate courts are in the affirming business. But be ready to take advantage of easy reversals, like in these examples: 😎 If the court refuses to hold an evidentiary hearing in a contested probate matter, that is (probably) structural error and reversible. 😎 If the court refuses to provide a statement of decision on key issues, that is a good ope…

1
How Appellate Lawyers Debate Gun Control and Abortion 57:30

6M ago57:30

57:30

Ninth Circuit correspondent Cory Webster joins us to discuss the court’s unusually busy en banc docket and its own species of “shadow docket.” We discuss how parties and judges are moving a few hot-button cases into procedural positions that may suggest what the merits decision will be—but without really touching the merits. We discuss: Gun Rights:…

1
Inside the Fourth Court of Appeals' Clerk's Office | Michael Cruz 50:10

6M ago50:10

50:10

In a world of electronic filing, fewer attorneys see appellate court clerks in person. It’s easy to forget how critical their role is to keeping the courts open, efficient, and accessible. In this episode, Michael Cruz, clerk of the Fourth Court of Appeals in San Antonio, joins Todd Smith and Jody Sanders to talk about how he and his staff make tha…

1
CM/ECF Is Outdated So Get Ready for the 9th Circuit’s ACMS, with Susan Gelmis 47:24

6M ago47:24

47:24

Have you ever had trouble e-file something and had someone tell you to try a different web browser? When it comes to the CM/ECF system used by federal courts, that problem has to do with aging technology reliant on “java” plugins, which have security problems. Susan Gelmis, the Chief Deputy Clerk for Operations, explains why the 9th Circuit is leav…

1
The 9th Cir. “Reimagines” Diversity Jurisdiction 45:20

7M ago45:20

45:20

The one sure thing your law-school loans purchased is instant recall of the fact that “federal courts are courts of limited jurisdiction.” But not as limited today as when you signed your promissory note. We discuss Impossible Foods Inc. v. Impossible X LLC, the recent 9th Circuit decision holding that specific jurisdiction over a defendant may be …

1
How to Prepare for Oral Argument 47:03

7M ago47:03

47:03

Have an appellate oral argument coming up? We discuss tips shared by top appellate attorneys how to prepare for and give oral arguments. Some tips include: 🗣️ Anticipate the panel’s questions when you can, but… 🗣️ …be prepared to respond when you don’t know the answer. 🗣️ Be prepared to answer: “What is your rule” for answering the key statutory or…

1
Supersedeas and Other Recent Rule Changes 59:53

7M ago59:53

59:53

Legislative session years in Texas always bring uncertainty into legal practice. When the Legislature passes new laws impacting courts, the Texas Supreme Court has to make rules to give those laws effect. This week Todd Smith and Jody Sanders discuss several recent rule changes and additions from the Texas Supreme Court that will impact trial and a…

1
The Power of Anti-SLAPP Motions: Sept. 2023 Cases 35:16

7M ago35:16

35:16

Anti-SLAPP motions are sometimes called early summary judgment motions. But the fact that they are “early” is why they are so powerful: not only do they provide defendants a quick way to defend against claims that involve speech, they force the plaintiff to prove its case without any discovery. On this episode of the California Appellate Law Podcas…

1
Judges Use Clearbrief & So Should You, with Jackie Schafer 55:23

7M ago55:23

55:23

Among the hundreds of great new legal tech available in recent years, Clearbrief stands near the top. Jackie Schafer, a former big-law and state attorney general who had a vision of attorneys and their staff working more effectively and efficiently, designed an app that lives right in your Microsoft Word. Clearbrief lets you upload your case file t…

1
Business Courts and Other Highlights of the 88th Texas Legislature | Jerry Bullard 48:23

8M ago48:23

48:23

Join us as we unpack the highlights of the 88th Texas Legislature. In this episode, Jerry Bullard discusses the ins and outs of business courts and their potential impact, plus other intriguing legal developments. He takes us on a legislative rollercoaster, touching on topics like online ticket sales, unauthorized disclosure of judicial opinions, a…

1
Appeal Your Arbitrator? 43:44

8M ago43:44

43:44

We discuss some interesting recent cases out of the California Court of Appeal: Arbitration clauses may include an agreement to make the award reviewable on appeal. We discuss a recent case that shows how. Can a judge just stay a money judgment? What to do if the appellate court issues a tentative opinion. When an amended order suspends the right t…

1
Best Practices for Expert Testimony 46:08

8M ago46:08

46:08

Your next trial could succeed or fail based on whether the expert’s opinion gets admitted or excluded. Based on their recent presentation to financial experts, we cover three key cases—Kelly, Sargon, and Sanchez—that govern expert opinions. We also cover some fundamentals and tips to protect expert work product. Some things experts should remind th…

1
Investigating Judge Newman, with Aliza Shatzman 50:24

8M ago50:24

50:24

The Judge Pauline Newman saga reached a tentative end—or a respite—when the Federal Circuit imposed a year-long probation on the 96-year-old federal appellate judge. Aliza Shatzman of the Legal Accountability Project discusses the allegations of cognitive decline and workplace misconduct against her, and how the investigation and report may be a mo…

1
Tim’s New Firm & Recent Cases 41:49

9M ago41:49

41:49

Tim announces his new firm, Kowal Law Group, APC, and discusses some legal tech with Jeff before moving on to recent cases, including: Collateral orders: Longobardo v. AVCO Corp. confirms that California’s collateral order doctrine is narrower than in other jurisdictions. Anti-SLAPP: Park v. Nazari advises outlining the specific allegations you wan…

1
Taking Control of Your Practice by Setting Boundaries | Kiele Linroth Pace 1:20:55

9M ago1:20:55

1:20:55

1
Two-Party Consent Privacy Laws Might Be Unconstitutional, and Other Recent Cases 43:24

9M ago43:24

43:24

One of the most biggest recent case is the split decision out of the 9th Circuit holding that a prohibition on secretly recording communications between two people violates the First Amendment. Project Veritas v. Schmidt, No. 22-35271 (9th Cir. July 3, 2023). The statute at issue here was an Oregon statute. But it suggests that two-party consent st…

1
The Shadow Docket, with Stephen Vladeck 53:28

9M ago53:28

53:28

Most cases that reach the Supreme Court live and die on the “shadow docket.” That is the name given to the docket where everything other than full merits decisions happens. Most prominently, that is where the Supreme Court decides whether to grant stays of orders pending appeal, such as abortion-rights cases, voter redistricting cases, immigration …

1
Episode 4: Mikael Swahn and the Lay Judges of Sweden 59:29

10M ago59:29

59:29

This time, I'm honored to speak with #AppellateTwitter international stalwart, Judge Mikael Swahn, of the Svea Court of Appeal in Stockholm, Sweden. Judge Swahn is my first European guest, and was able to tell me in great detail about the Swedish system. Most remarkable, Sweden allows for full plenary review of all judgments in the intermediate cou…

1
The Best Legal Movies Ranked, with Gary Wax 49:43

10M ago49:43

49:43

A good trial involves heroes and villains, themes of good and evil, tense conflicts, and, at the end, a difficult moral choice. All stuff that could make a few good movies. Gary Wax is a filmmaker-turned-appellate lawyer, and he brings his insider’s eye and his top-500 list to help us analyze some of the best law movies of all time. We discuss: Why…

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