Judges and Judiciary
Mar. 3, 2007
The Way to Stay
Focus Column - By Benjamin G. Shatz and Christopher D. LeGras - Two appellate specialists give useful guidance on what to do in the appeals courts when a judge issues a mandatory injunction against your client.
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 hearing did not go well and the judge has issued a mandatory injunction against your client. Obviously your client does not want to have to comply with the injunction, and is willing to appeal the adverse order. But does merely filing an appeal relieve the client from having to comply? It depends on whether the order comes from a state or federal court.
Under California law, perfecting an appeal from a mandatory injunction automatically stays the injunction. Paramount Pict...
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