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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