Appellate Practice
Jun. 21, 2016
Appellate advocates, in fact, are not ostriches
As has been said by the 7th U.S. Circuit Court of Appeals, home to Chicago's Lincoln Park Zoo: "The ostrich is a noble animal, but not a proper model for an appellate advocate."
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
MOSKOVITZ ON APPEALS
A recent decision shows the downside of overzealous appellate advocacy.
In Hearn Pacific Corp. v. Second Generation Roofing, 247 Cal. App. 4th 117 (2016), Second Generation obtained a $210,000 attorneys fee award against Hearn, and then moved to add Hearn's insurer as a judgment debtor. Second Generation claimed that the insurer was the "real party in interest," b...
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