Appellate Practice
Aug. 6, 2019
Stray Dancing
When it comes to appeals, it's best to dance with the one that brung ya.
Benjamin G. Shatz
Partner in the Appellate Division of Duane Morris LLP's Trial Practice Group in the Los Angeles office, and leader of the firm's West Coast appellate practice.
Appellate Law (Certified), Litigation
Exceptionally Appealing appears the first Tuesday of the month.
EXCEPTIONALLY APPEALING
A 1920s country song resonated with Ronald Reagan who popularized its folksy aphorism, "You gotta dance with the one that brung ya." This useful political sentiment about loyalty applies equally to many other contexts, including appellate practice. Appellants labor under the general rule that they've got to stick with the theories advanced in the trial court when up on appeal. Appellants are not supposed to conjure up new argume...
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