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
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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