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Appellate Practice

Jun. 7, 2001

Red Cow

Appellate decisions of sister states may have preclusive effect if the same parties and issues are involved.

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.

The Holy Grail of legal research is the "red cow" - a case that is directly on point, is factually on all fours and reaches exactly the "right" result. Corn v. City of Lauderdale Lakes, 997 F.2d 1369 (11th Cir. 1993). The quest for a red cow is especially important when engaging in research for an appeal. Appellate legal research should start from scratch, view the issues anew and search for the best authorities given the applicable standard of review. The depth necessary for such a...

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