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Appellate Practice

Oct. 10, 2000

Illusory Fortress

Imagine a prevailing appellant, flushed with victory, returning to the trial court to see justice done on the second go-round.

James C. Martin

Partner Reed Smith LLP

Phone: (213) 457-8002

Email: jcmartin@reedsmith.com

James is in the firm's Appellate Group, resident in the Los Angeles and Pittsburgh offices. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.

Benjamin G. Shatz

Partner Manatt, Phelps & Phillips LLP

Appellate Law (Certified), Litigation

Email: bshatz@manatt.com

Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.

Imagine a prevailing appellant, flushed with victory, returning to the trial court to see justice done on the second go-round. The glow of victory fades, however, when the appellant discovers that the case has been assigned to the same judge just reversed on appeal.

Until recently, if a litigant had already used the one peremptory challenge allowed by statute, there was no further recourse in this uncomfortable situation. But two years ago, the Legislature provided some relief by...

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