Today’s DJ has 9th Circuit Judge Tung makes his mark with pointed dissents — Less than a year after joining the 9th Circuit, Trump appointee Eric C. Tung has repeatedly challenged his colleagues in sharply worded dissents on immigration and
Benjamin G. Shatz
* California State Bar Certified Appellate Law Specialist
* Fellow of the American Academy of Appellate Lawyers
* Member of the California Academy of Appellate Lawyers
* Ranked by Chambers USA for California Appellate Litigation
* Named in Best Lawyers in America for appellate practice
* Editor-in-Chief, California Litigation journal
* Trustee At-Large, L.A. County Bar Assn.
* Ninth Circuit Advisory Committee on Rules & Internal Operating Procedures (2017–20)
* Chair, LACBA State Appellate Judicial Evaluation Committee (2013–19)
* Chair, Cal. State Bar Committee on Appellate Courts (2010–11)
* Cal. Lawyers Assn., Litigation Section ExCom Advisor (2013—)
* Chair, LACBA Appellate Courts Committee (2009–11)
* Expert witness in appellate and anti-SLAPP fees matters
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Monetizing SCOTUSblog
“SCOTUSblog Plus” — All the coverage from those who know the court best. Join SCOTUSblog Plus.For nearly a quarter-century, SCOTUSblog has been the go-to authority on the Supreme Court. Plus takes our unmatched…
Wiggling out of appellate bonding
Appellate Specialist Dan Barer points out today’s published opinion on avoiding bonding:In Guzman v. Superior Court
(Wigle), published today, the 3d DCA affirms an order granting
relief under CCP § 995.240—giving courts discretion to waive a bond provision
if the…
4/1 seeks Clerk/XO
The Fourth Appellate District Court of Appeal, Division One, located in downtown San Diego, is accepting applications for the position…
Appellate lawyers moving around more than ever
Law.com has SCOTUS Litigator Demand Surges in Big Law, Amid Partner Shuffle in Top Firms — At least seven law firms have announced hires within their Supreme Court and appellate practices since the beginning of 2025, and recruiters say they…
Misleading ADR ad?
ARC is running a print ad and posted a webpage advertising “Appellate Services” using the following language (from the website):ARC offers the services of experienced retired appellate justices for a wide variety of appeal-related matters. These retired justices are available…
FRAP 36s waning in Fed. Cir.?
Bloomberg Law has Federal Circuit Writing More After Critique of One-Word RulingsThe Federal Circuit is writing more opinions — specifically more nonprecedential opinions — several years after it faced criticism from a group of patent lawyers and academics over…
BK appellate jrdxn case
Today’s DJ’s Exceptionally Appealing column is Mulling Modifications — A change from $X to zero dollars isn’t a change in judgment?, about when an appellate modification changes the appellate judgment or not.On another esoteric appellate point, those interested in bankruptcy…
Post-trial dangers
The DJ has Rex Heinke’s Avoiding two common errors on post-trial motions:
- The most common error I see in federal court is a failure to comply with Federal Rule of Civil Procedure 50(a). Rule 50(a) requires a party to make
…
AI sanctions = respondent's appellate fees
4/2 is understandably not happy with pro pers who filed an “opening brief
was replete with fabricated legal authority.” In this unpub the sanctions imposed are the respondents’ appellate attorney fees (to be determined by the trial court).Today’s DJ has…