But on the other hand, I would not count this result is typical. For every precedent supporting a forfeiture, there is a precedent supporting an exception. If you are going to argue forfeiture, be prepared to show how allowing the belated assertion would result in prejudice. That was not shown here, which makes the majority’s result surprising—and suggests Judge Bumatay is probably correct in his dissent ..read more

? In 2021 the national median 1st-year associate salary was $165,000, rivaling judicial salaries—something seems wrong here ..read more

Many appellate practitioners, this writer included, support the appellate courts’ issuing tentative opinions. But when litigants use them to file strategic motions to dismiss as here, courts may second-guess the practice. Litigants should take care not to abuse tentative opinions—it risks spoiling it for the rest of us ..read more

• ?May judges attend law firm parties? California Supreme Court Committee on Judicial Ethics Opinions has a draft formal opinion addressing whether a judicial officer may attend a celebration hosted by a law firm. Comment: Some people won’t be happy until we make judges live in a soundproof booth ..read more

But it’s still a long shot ..read more

But on the flipside, judgment creditors should be on the lookout for grounds to file a disentitlement motion, which are supported when the appellant refuses to comply with court orders—including judgment enforcement discovery ..read more

The Upshot: If you find yourself without a reporter's transcript, consider whether you have a good appellate issue based on a pure issue of law. But like the respondent did here, you will have to accept all the trial court’s factual findings, including any implied findings ..read more

? The Supreme Court denied review to a would-be lawyer’s attempt to force the State Bar to allow him to take the bar exam. James Camper III was excluded from the exam because he didn’t have his law degree; his law school was withholding his degree due to his failure to repay a loan issued by the school for tuition and fees ..read more

3. If your appeal is filed more than 60 days after the file-stamped order is mailed, consult an appellate specialist—many a “file-endorsed” order fails to trigger the 60-day deadline for lack of showing the date of service ..read more

Appellate attorney Stefan Love agrees that jury instructions are ceremonial…but they are not JUST ceremonial. The jurors swear an oath to follow the law, and telling them what law applies is the bookend to that oath ..read more