Appellate Practice
Aug. 6, 2019
Stray Dancing
When it comes to appeals, it's best to dance with the one that brung ya.
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
A 1920s country song resonated with Ronald Reagan who popularized its folksy aphorism, "You gotta dance with the one that brung ya." This useful political sentiment about loyalty applies equally to many other contexts, including appellate practice. Appellants labor under the general rule that they've got to stick with the theories advanced in the trial court when up on appeal. Appellants are not supposed to conjure up new argume...
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