Law Practice,
Appellate Practice
Oct. 5, 2020
'Law of the case': Mistakes appellate attorneys see over and over
From my perch as an appellate lawyer, I review a lot of trial court transcripts. I see quite a few mistakes — by both judges and trial counsel. I see some of them over and over. Here’s one.
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.
From my perch as an appellate lawyer, I review a lot of trial court transcripts. I see quite a few mistakes -- by both judges and trial counsel. I see some of them over and over. Here's one.
A plaintiff files a motion in limine to keep a certain document out of evidence. Whether to grant the motion turns on how the document is interpreted. The judge issues a tentative opinion in favor of defendant, holding t...
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