Law Practice,
Appellate Practice
Nov. 1, 2022
Dead party, dead appeal
The Grim Reaper visits everyone, including litigants and lawyers, and rarely at a convenient time. If those left behind are not diligent, the consequences on a pending appeal can be fatal.
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.
Benjamin E. Strauss
Litigation & Appellate Counsel
Manatt, Phelps & Phillips LLP
Phone: (310) 312-4119
Email: BStrauss@manatt.com
In November 1789, Benjamin Franklin wrote "Our new Constitution is now established, everything seems to promise it will be durable; but, in this world, nothing is certain except death and taxes." Litigators know that there is a third certainty: the inevitable appeal. Given that yesterday was Halloween and this is an appellate column, let's see what happens when we combine death and appeals. (We'll leave taxes to other columnists, like Robert Wood.)
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