Judges and Judiciary,
Appellate Practice
Mar. 5, 2019
Invisible Justice
The typical appellate court decision names the judges who decided the case and specifies which is the author and which two are merely signing-on. But there are exceptions.
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.
EXCEPTIONALLY APPEALING
The ordinary appellate path is well-worn: First comes paper pushing (i.e., filing the notice of appeal, record designations, and otherwise "perfecting" the appeal), followed by paper production (i.e., brief writing), then oral argument, and finally the big payoff, the written decision. At oral argument, the justices deciding the case are publicly seen and heard. And in the written decision, the ...
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