The Appellate Strategist

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Today, let’s begin our section by section tour through the American Law Institute’s new Insurance Restatement. Chapter 1, Section 1 of the Restatement includes definitions of common terms found in the law of liability insurance, including such commonplace concepts as a condition, the insuring clause, a mandatory (versus non-mandatory) rule, a policy limit and a standard-form term.  Although most of the definitions in the Restatement are non-controversial, a couple of points bear mentioning.  In Section…
On Wednesday, May 8, I’ll be joining a pair of California Supreme Court experts for a panel discussion, “What to Expect from the Brown Court” at the Bar Association of San Francisco’s Conference Center, 301 Battery Street, 3rd Floor in San Francisco (the discussion will also be available through a webcast). Justice Joshua P. Groban, the newest Justice appointed by former Governor Brown, will speak.  He will be followed by a panel discussion, with Benjamin…
Today, we’re continuing the prologue of our tour through the law of the Foreign Trade Antitrust Improvement Act, surveying the antitrust law of foreign-based transactions in the years leading up to enactment of the FTAIA.  In our first installment, we reviewed the Supreme Court’s decision in American Banana Co. v. United Fruit Company, 213 U.S. 347 (1909), where the Court held that an antitrust conspiracy to take actions overseas was not within the reach of…
Two weeks ago, we announced a new biweekly series analyzing, section by section, the new Restatement of the Law of Liability Insurance.  Before we begin talking about specific sections, let’s review the response so far to the Restatement from courts and other authorities outside the ALI. Pushback against the Restatement began even before final approval by the ALI membership.  On May 5, 2017, a full year before the Restatement was approved, the leaders of the…
Two weeks ago, we announced a new biweekly series on the law of the Foreign Trade Antitrust Improvement Act.  Before we embark on our survey of the cases since passage of the FTAIA, let’s spend a few weeks reviewing the slate upon which Congress was writing when they passed the FTAIA – what was the US law of foreign-based transactions when the FTAIA was passed? American Banana Co. v. United Fruit Company, 213 U.S. 347…
Ever wonder how the Restatements of the Law which we all read in law school (and have seen in even some modest law libraries throughout our careers) are written – and exactly who the American Law Institute – the credited authority behind the Restatements – is?  As a prelude to our new biweekly series of posts analyzing the Restatement of the Law of Liability Insurance, today we’re taking a brief look at the ALI’s history…
Section One of the Sherman Act is written in simple, straightforward language: “Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.” Okay, maybe a little too simple, since, as the courts quickly realized, interpreted according to its plain language, the Sherman Act outlaws all contracts, since contracts by definition are a restraint of…
I’m delighted to welcome three new experienced and talented appellate specialists to our growing San Francisco office!  Here’s the firm’s press release – Horvitz & Levy Expands San Francisco Office with Three Experienced Appellate Hires Bay Area Office for Nation’s Largest Appellate Boutique Offers Unmatched Expertise Horvitz & Levy LLP, the country’s largest boutique law firm dedicated to civil appeals and trial  consulting, has expanded its San Francisco presence with three strategic hires. The firm…
Tuesday, March 12, I’ll be a panelist for a Strafford webinar on Data Analytics and Litigation.  The other two panelists are Steve Embry, publisher of Tech Crossroads (and a former colleague of mine many years ago) and Evan Moses, a partner at Ogletree Deakins, Nash, Smoak and Stewart.  The time is 10:00 – 11:30 Pacific.  Here’s the link and the full description is below.  This CLE webinar will guide litigators on how to use big…