Below you'll find a list of all posts that have been categorized as “Appeals”
Just two weeks ago, we posted a summary of what was then the latest in a growing series of appellate cases dealing with AI-hallucinated citations. Already, however, it has lost its novelty. Earlier this week, Shayan v. Shakib became the most recent reminder of California lawyers’ responsibility for the accuracy of the material that they submit to the courts. It …
When a business believes a documentary has crossed the line from criticism to defamation, the natural instinct is to “fight back” with a lawsuit. OneTaste Incorporated v. Netflix, Inc. is a sharp reminder that in California, anti-SLAPP and the actual malice standard make that a very steep climb—especially against a global streaming platform. In this published decision, the Second District …
The legal profession is undergoing a transformation, driven in part by artificial intelligence (AI). Tools powered by AI are now capable of assisting with tasks like legal research, document review, and even drafting initial pleadings. These tools offer significant benefits to lawyers, particularly in litigation, by improving efficiency and reducing time spent on repetitive tasks. However, the responsible use of …
On December 19, the United States Circuit Court of Appeals for the Second Circuit held oral arguments in Variscite NY Four, LLC v. New York State Cannabis Control Board, the latest front in an ongoing legal war over whether the dormant Commerce Clause (“DCC”) should apply to the state-licensed cannabis industry. With the caveat that reading the tea leaves of …
If you are considering appealing a decision from a California Superior Court in a civil case, it is essential to understand the concept of the standard of review. This legal principle dictates how the Court of Appeal will evaluate the decisions made by the trial court or jury. Misunderstanding or overlooking the standard by which the court will evaluate your …