During his 15 years in private practice, attorney Howard Bashman’s work has focused almost exclusively on appellate litigation. For the benefit of those lawyers who do not regularly work on appellate cases, Bashman offers a handy list of 10 tips for excellence in appellate advocacy. The first: Win in the trial court, but, when that is not possible, be sure to have preserved the trial court’s errors for appeal.
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Posted on Saturday, November 11th, 2006. Filed under: Law Misc, Litigation
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District court erred by twice vacating arbitration award after analyzing merits for legal error; instead, arbitration award was subject to highly deferential review and could be vacated only upon finding that award exhibited manifest disregard of law.
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Posted on Wednesday, October 11th, 2006. Filed under: Law Misc, Litigation
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Neither Federal Rules of Appellate Procedure nor any other authority lent credence to appellant’s implausible motion requesting that Court of Appeals strike portions of appellee’s brief containing allegedly unsupported assertions of fact; filing of “absurd” motion warranted sanction in form of deduction of twice motion’s length from permissible length of appellant’s reply brief.
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Posted on Wednesday, October 11th, 2006. Filed under: Law Misc, Litigation
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After more than 30 years as a name partner at Lieff Cabraser Heimann & Bernstein, Robert Lieff is stepping down and starting a new aviation firm: Lieff Global LLP, which is slated to take off with about five lawyers Jan. 1. The new entity will focus on international aviation cases. Lieff Cabraser will keep the same name, and Lieff will remain of counsel and continue to practice out of the firm’s San Francisco offices. Neither Lieff nor firm representatives would name the lawyers who will join Lieff Global.
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Posted on Wednesday, October 11th, 2006. Filed under: Law Misc, Litigation
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The Supreme Court on Tuesday refused to consider the case of three small cigarette companies trying to avoid making payments to 30 state governments following the $206 billion settlement between the states and the four industry leaders in 1998. After that settlement was reached, each of the 30 states passed a law requiring companies that didn’t participate to pay money into escrow funds to satisfy future damage awards. The three small companies alleged each state’s escrow statute violated antitrust law.
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Posted on Wednesday, October 11th, 2006. Filed under: Law Misc, Litigation
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Allegations by whistleblowers and plaintiffs lawyers that State Farm Fire & Casualty used a “one-size-fits-all” engineering report to deny policyholders’ Katrina-related claims are stirring up Mississippi’s southern federal district. State and federal prosecutors and grand jurors are looking into the allegations that were brought to light by two claims adjusters who had worked for an Alabama risk management firm under contract with State Farm.
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Posted on Wednesday, October 11th, 2006. Filed under: Law Misc, Litigation
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It’s a nightmare scenario for class action plaintiffs lawyers: win a big judgment, then get sued because some clients thought you should have won more. For Steven Zieff and his partners at San Francisco’s Rudy, Exelrod & Zieff, the nightmare is finally over — but it cost a hefty payout. Superior Court Judge Ronald Sabraw approved a $1.5 million settlement last week to resolve a long-running malpractice suit that took aim at Zieff’s handling of an employment class action against Farmers Insurance Exchange.
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Posted on Wednesday, October 11th, 2006. Filed under: Law Misc, Litigation
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Parole boards nationwide have become less generous with granting discretionary parole, denying nearly 80 percent of prisoners’ requests in 2003, compared with 45 percent in 1980, according to the Department of Justice. Despite the dire statistics, a rush of court actions may be changing the odds. Parolees facing parole boards that are tough on crime are making headway in some federal and state courts — and that’s keeping many lawyers busy.
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Posted on Wednesday, October 11th, 2006. Filed under: Law Misc, Litigation
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A Manhattan appellate court has ruled that New Jersey law should apply instead of New York law in determining the amount of a company’s excess insurance coverage for defending and paying asbestos-related personal injury claims. The decision of the Appellate Division, 1st Department, last week was based on the premise that the state of an insured company’s “principal place of business takes precedence over the state of incorporation.”
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Posted on Wednesday, October 4th, 2006. Filed under: Law Misc, Litigation
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Albany City Judge William A. Carter came within a thread of losing his job, and he won’t get a second chance, according to the New York Commission on Judicial Conduct. Carter once descended from the bench, dropped his robes and seemingly challenged a defendant to a fist fight in court and also once suggested police officers “thump the shit out of” another allegedly disrespectful individual. The commission’s opinion also delves deeply into broader issues with which the watchdog panel has recently struggled.
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Posted on Wednesday, October 4th, 2006. Filed under: Law Misc, Litigation
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