Sometimes, a judgment is a mixed bag. That’s how all the parties must have viewed the judgment in Satchmed Plaza Owners Assn. v. UWMC Hospital Corp., case no. G038119 (4th Dist. Oct. 23, 2008). The judgment enforced Satchmed’s right of first refusal with respect to 22 owned medical office units by requiring UWMC to offer them to Satchmed at a certain price. But the judgment did not require such an offer on 12 other units, which were leased. Unsurprisingly, perhaps, the judgment stated that there was no prevailing party. Mixed bags create competing incentives. Here, one incentive got the best of Satchmed. UWMC complied with the judgment by offering the…
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The Value of a Good Reply Brief
As much as I keep up with appellate issues, some things catch me by surprise. According to this article: “There has long been debate in appellate circles whether reply briefs serve a worthwhile purpose. Some wonder whether justices even read them.” Really? I’ve never doubted the value of a well-written reply brief, nor have I heard others question their value. Though reply briefs are optional, I can’t imagine I’d ever decide against filing one. If you’d like to read what some appellate justices have to say about them, check out Are Reply Briefs Really Necessary? The Recorder e-mailed all 103 appellate justices in California for their views on reply briefs…
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Why Use a Big Firm on Appeal?
D. Todd Smith (pictured) opines at Texas Appellate Law Blog on an article at Technolawyer that offers five reasons why general counsel tend to stick with large firms despite “rumblings about how high hourly rates and associate salary increases may lead them elsewhere.” Specifically, he asks: “Do these reasons apply when a GC is looking for appellate counsel?” He then goes down the list of reasons and concludes that, for the most part, they should not apply to a general counsel’s selection of appellate counsel. In the process, he notes some key distinctions between trial practice and appellate practice that many may not be aware of. Of course, all you…