Best California Court Of Appeal Podcasts (2024)

1
260. USDA Takes New Approach in HPAI Outbreak in Dairy Cattle 25:56

6h ago25:56

25:56

In today's episode, Brook discusses the HPAI outbreak that has been detected in dairy cows. He walks us through why USDA hasn't issued any quarantine orders, and how states are responding. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and …

1
What to know about “snap” and “super snap” removals 13:04

3d ago13:04

13:04

Are you expecting a lawsuit? And do you want to get that lawsuit into federal court? If your client is domiciled in California, you need to know about “snap removals.” If you get wind of the lawsuit before it is served, you might be able to defeat the removal-bar on home-state defendants. But don’t commit a “super snap” removal. That’s when you rem…

1
Is the Racial Justice Act Unconstitutional? 23:35

9d ago23:35

23:35

Racial minorities are sometimes removed from prospective juries—just like everybody else. But the Legislature is so concerned that this could happen on the (obviously improper) basis of race that the Racial Justice Act prohibits a challenge to a racial minority even on the basis of proper factors, such as lack of life experience. And if that happen…

1
Top 10 Tips for Family Law Appeals 25:52

17d ago25:52

25:52

Every day as an appeals lawyer brings new puzzles. But some puzzles repeat. So in this episode, we compile the top 10 tips dispensed regularly to trial attorneys working in family court. They include: 👉 Know your appealable issues—appeal now, or lose it forever! 👉 Request a statement of decision. Don’t need to, you say? Judge already gave a tentati…

1
Social Media and Jury Waiver High Court Cases, and Other Appellate News 36:22

24d ago36:22

36:22

The U.S. Supreme Court provides awaited guidance on public officials’ use of social media, and the California Supreme Court gives a cautionary tale about waiving the right to a jury trial. Jeff and I discuss: 📰Free Speech on Government Social Media: Lindke v. Freed (Mar. 15, 2024, No. 22-611), notable for being short and unanimous, holds that, when…

1
Five Hard Truths About an Appellate Practice, with Raffi Melkonian 52:53

1M ago52:53

52:53

Raffi Melkonian has argued and won in the U.S. Supreme Court, and started the #AppellateTwitter community of appellate attorneys on Twitter/X, where he has over 65,000 followers, and speaks and writes on appeals across the country. And Raffi is here to tell you that building a business on an appellate practice—even a very successful one—is very har…

1
IN THEIR WORDS: What public officials do for us. Coroner Bobbi Jo O'Neal, Charleston County, SC 37:05

1M ago37:05

37:05

Ever wonder what a coroner or medical examiner actually does? Bobbi Jo O’Neal, coroner of Charleston County, SC, explains that the job goes well beyond what we’ve witnessed in true-crime homicide dramas. From identifying cause and manner of death, to working with families through grief, assisting law enforcement, or playing a pivotal role in battli…

1
259. PFAS Soil Contamination Fuels Liability Suit Over Biosolid Land Application 8:35

1M ago8:35

8:35

In today's episode, Brook discusses a new lawsuit filed by a group of Texas farm owners against Synagro Technologies. The farm owners allege that their farms were poisoned by PFAS toxins from a biosolids-based fertilizer that was produced and marketed by Synagro that a neighboring farmer had used on his property. Brook talks about the legal implica…

1
Sanctions, Successful Reconsideration, and Other Feb. 2024 Cases 45:21

2M ago45:21

45:21

We discuss how to avoid appellate sanctions, and an unusually successful motion for reconsideration: $50k sanctions against appellant for blowing appellate procedure. Motion for reconsideration was untimely, but righteous. Trial judge did not take the Court of Appeal’s hint, so writ issued. (But the trial judge was right to let the writ issue.) Ant…

1
Judge Nazarian to Judges: Take the Accountability Pledge 1:02:59

2M ago1:02:59

1:02:59

There are 30,000 law clerks in the U.S., and we have no good way to know to judge their experiences. So Judge Douglas Nazarian of the Appellate Court of Maryland—and board member of the Legal Accountability Project—asks judges everywhere to take the LAP Pledge. The Project hosts a growing database of survey responses from judicial clerks, but it ne…

1
Sleep Well to Crush Your Enemies, with Leslie Porter 52:11

2M ago52:11

52:11

You thought health and wellness was just for hippies, losers and weirdos. But you were wrong. Leslie Porter explains that if you are waiting for your health issues to become acute enough for a prescription, you are not at your best. Not only are you laying the groundwork for possible big problems down the road, you have lower energy, weakened drive…

1
258. Dicamba Registrations Vacated Again 15:08

2M ago15:08

15:08

In today's episode, Brook explains the District Court for the District of Arizona's decision to vacate the EPA's 2020 pesticide registration authorizing the sale and use of dicamba-based weed killers within the United States. Brook discusses the arguments for and against this outcome, and how this will affect farmers across the country. Hosted by C…

1
So You Think You Understand the Snitch Rule? 56:27

2M ago56:27

56:27

Next time your opposing counsel takes issue with something you say, don’t be surprised to find a complaint in the next filing citing to rule 8.3 of the Rules of Professional Conduct—the new “snitch rule.” There are about a dozen terms of legal art in the snitch rule, so we asked Judge Meredith Jury (Ret.) and Certified Bankruptcy Specialist Stella …

1
257. California’s Proposition 12 Finally Fully Effective 21:37

2M ago21:37

21:37

In this week's episode, Brook talks about California’s Proposition 12 and the relevant regulations that recently became fully effective. These regulations established California's Animal Care Program and require third-party certification for producers. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Mari…

1
Kyle O’Malley, the Attorney Who Won the Raines’ Supreme Court Employee-Screening Case 51:00

3M ago51:00

51:00

Just a few years out of law school, Kyle O’Malley won a landmark case in the Supreme Court of California. The employer’s screening service in *Raines v. US Healthworks Medical Group*, 15 Cal.5th 268 (2023) used a generic questionnaire asking about menstrual cycles, hemorrhoids, hair loss, and all sorts of fool questions not tailored to the specific…

1
No More Anti-SLAPPs in Fed Court? With Cory Webster 1:02:25

3M ago1:02:25

1:02:25

The 9th Circuit is taking up the ostensible narrow issue of appealability of anti-SLAPP orders. But it could be broader. Much broader. If the court decides anti-SLAPPs are procedural rather than substantive, says Cory Webster, that would mean no more anti-SLAPP motions in federal court. We also discuss that recent panel that departed from an earlie…

1
Cert on Homeless Encampments and En Banc on SLAPPs 38:03

3M ago38:03

38:03

The Supreme Court has granted cert on whether prosecuting a homeless sidewalk-camper is cruel and unusual punishment. And the 9th Circuit has granted en banc review whether anti-SLAPP denials are appealable. Also: You are doing MSJ separate statements wrong (maybe). There are two schools of thought, and the Court of Appeal in a partially published …

1
256. EPA Proposes More Stringent Meat and Poultry Processing Plant Effluent Discharge Standards 11:43

3M ago11:43

11:43

In this week's episode, Brook discusses EPA's recently announced proposed set revisions to the Clean Water Act regulations, standards and permitting of wastewater discharges into waters of the United States from facilities that process meat and poultry products. The proposed regulations would establish more stringent effluent limitations for the co…

1
255. EPA's Response to Federal Court's Decision on Chlorpyrifos Use 11:37

3M ago11:37

11:37

In today's episode, Brook gives us an update to our last episode, which introduced a decision coming out of the Eighth Circuit Court of Appeals, holding that the EPA improperly "revoked all tolerances" for the use of the pesticide chlorpyrifos. Today, Brook explains EPA's December 2023 response to the court's decision, and how that will affect the …

1
Cal’s initial disclosures, minimum discovery sanctions, & some ¯\(ツ)/¯ cases 36:40

3M ago36:40

36:40

California law now provides for initial discovery disclosures. Get a template handy for your upcoming cases. And watch out for the new minimum $1,000 sanction for discovery misconduct. And some recent cases: The definitive answer whether orders on motion to enforce settlements are appealable is: Nobody has any friggin’ idea. And the answer on how t…

1
How appellate attorneys beat summary judgments, with Yisrael Gelb 41:24

4M ago41:24

41:24

Yisrael Gelb focuses his appellate practice on helping plaintiff lawyers beat summary judgment. We talk about some of his approaches to successfully opposing summary judgment motions, including: 🔧 Look for common defects in the moving party’s separate statement 🤜 Push back on the moving party’s showing. It is often not up to snuff. Drive that point…

1
2023’s Best Guests, Cases & Tech 57:46

4M ago57:46

57:46

Looking back on the year’s 50 episodes, we discuss some of our best guests, including our 9th Circuit correspondent, Cory Webster, our legal-writing correspondent, Ryan McCarl, our legal-movie correspondent, Gary Wax, and our inspirational public-interest appellate lawyers Chris Schandevel and Carl Cecere. There’s our legal-citation-parenthetical m…

1
254. Federal Appeals Court Vacates EPA's 2022 Chlorpyrifos Ban and Orders Reconsideration of Food Tolerances / Uses 14:39

4M ago14:39

14:39

In today's episode, Brook and Chloe talk about a decision coming out of the Eighth Circuit Court of Appeals, holding that the EPA improperly "revoked all tolerances" for the use of the pesticide chlorpyrifos. Brook explains the background of the use of EPA's chlorpyrifos rule and how this decision changes the legality of the product. Hosted by Chlo…

1
Eugene Volokh on Restraining Orders and the First Amendment 58:36

4M ago58:36

58:36

Prof. Eugene Volokh joined us to discuss restraining orders, how many of them violate the First Amendment as unlawful prior restraints, and how you can spot the First Amendment problems. The purpose of a restraining orders is to get a person to stop harassing you, but “harassment” can be a pretty vague term—and the same goes for “bullying,” “cyberb…

1
High-Profile Employment Appeals with Glenn Danas 1:05:45

5M ago1:05:45

1:05:45

Employment and class-action attorney Glenn Danas has argued 49 appeals in state and federal appellate courts throughout the country, including a current streak of eight consecutive reversals. Glenn talks with us about litigating the landmark Iskanian case, and how he turned the panel that initially issued a 148-page tentative against his client. Gl…

1
253. California’s Mandated Carcinogen Warning on Roundup Is Unconstitutional 12:05

5M ago12:05

12:05

In today's episode, Brook and Chloe talk about a decision coming out of the Ninth Circuit Court of Appeals, holding that California’s Proposition 65 carcinogen warning requirement for the herbicide glyphosate, a chemical found in the product Roundup, violated the First Amendment of the U.S. Constitution.  Brook explains how the case made its way to…

1
Liar in a Crowded Theater, with Jeff Kosseff 50:54

5M ago50:54

50:54

Turns out you CAN shout “fire” in a crowded theater, and lots of other lies besides—unless the government meets a heavy burden, that is. The author of four books and more than 20 academic articles, First Amendment scholar and Naval Academy associate professor Jeff Kosseff makes the case for the freedom to speak freely, and even to tell lies, free (…

1
Thankful for Unpublished Opinions 36:20

5M ago36:20

36:20

In a recent opinion, the Court of Appeal reversed by noting that one of the grounds supporting the judgment was forfeited…by the respondent. Wait. By the respondent? An appellant must be careful not to forfeit argument, but not the respondent. We discuss, and express gratitude that this one was not published—and thus cannot be cited as precedent. W…

1
251. DOJ Sues Agri-Stats Directly for Collusion in Protein Sector 13:32

5M ago13:32

13:32

In this episode, Chloe and Brook talk about a new criminal lawsuit filed by the DOJ against Agri Stats, an agricultural data services company, U.S. v. Agri Stats The DOJ alleges that Agri Stats illegally organized and managed anticompetitive information exchanges among several of the nation's largest protein processing companies, leading to price-f…

1
Appellate Bonds: What You Client Needs to Know, with Dan Huckabay 47:29

5M ago47:29

47:29

Trial resulted in a sizable judgment against your client. You know to stay judgment enforcement you have to post a bond, but what, exactly, does that mean? And how do you do it? Enter Dan Huckabay from Court Surety Bond Agency. We sit down with Dan and ask him how we attorneys can be a hero for our clients by knowing a few key things about appellat…

1
250. Beef and Pork Processing Plant Nationwide Wage-Fixing Class Action Suit Survives Motions to Dismiss 10:55

5M ago10:55

10:55

In this episode, Chloe and Brook talk about a new private class action lawsuit, Brown v. JBS, et al. The plaintiffs allege that fifteen of the country's largest protein processing companies engaged in wage-fixing in their nationwide beef and pork processing plants. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced …

1
249. U.S. Supreme Court Declines to Hear Case Permitting FLSA Overtime Claim of H-2A Worker 15:39

6M ago15:39

15:39

In this episode, Chloe and Brook talk about U.S. Supreme Court's decision to deny a petition to hear the case of Signet Builders Inc. V. Vanegas. The focus of this case is whether a company must pay overtime to H-2A employees who construct on-farm livestock confinement facilities or whether those employees are exempted from Fair Labor Standards Act…

1
Elegant Legal Writing, with author Ryan McCarl 1:03:52

6M ago1:03:52

1:03:52

Ryan McCarl, author of the latest book on legal writing, Elegant Legal Writing, sits down with us to discuss why now, more than ever, attorneys need to elevate beyond ChatGPT and distractions to rise to our role as teachers of the law. Ryan offers these actionable tips: 🖋️ “Defer editing” and “second-guessing” until a later draft. Don’t be committe…

1
Reversals on Technicalities: 4 Recent Examples 40:13

6M ago40:13

40:13

Appellate courts are in the affirming business. But be ready to take advantage of easy reversals, like in these examples: 😎 If the court refuses to hold an evidentiary hearing in a contested probate matter, that is (probably) structural error and reversible. 😎 If the court refuses to provide a statement of decision on key issues, that is a good ope…

1
How Appellate Lawyers Debate Gun Control and Abortion 57:30

6M ago57:30

57:30

Ninth Circuit correspondent Cory Webster joins us to discuss the court’s unusually busy en banc docket and its own species of “shadow docket.” We discuss how parties and judges are moving a few hot-button cases into procedural positions that may suggest what the merits decision will be—but without really touching the merits. We discuss: Gun Rights:…

1
CM/ECF Is Outdated So Get Ready for the 9th Circuit’s ACMS, with Susan Gelmis 47:24

6M ago47:24

47:24

Have you ever had trouble e-file something and had someone tell you to try a different web browser? When it comes to the CM/ECF system used by federal courts, that problem has to do with aging technology reliant on “java” plugins, which have security problems. Susan Gelmis, the Chief Deputy Clerk for Operations, explains why the 9th Circuit is leav…

1
248. EPA Reveals Plan to Reform CAFO Regulation under the Clean Water Act 11:47

6M ago11:47

11:47

A discussion on the EPA's CAFO regulation system, and that EPA announced - without any form of press or public announcement - that it is currently commencing a reform plan of its own design. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural an…

1
The 9th Cir. “Reimagines” Diversity Jurisdiction 45:20

7M ago45:20

45:20

The one sure thing your law-school loans purchased is instant recall of the fact that “federal courts are courts of limited jurisdiction.” But not as limited today as when you signed your promissory note. We discuss Impossible Foods Inc. v. Impossible X LLC, the recent 9th Circuit decision holding that specific jurisdiction over a defendant may be …

1
247. Environmental Organizations Sue EPA for Refusal to Expand CAFO Regulation 16:51

7M ago16:51

16:51

A new development involving the Clean Water Act, this time highlighting a new lawsuit brought by environmental organizations, who are suing the EPA for their refuls to expand CAFO regulations. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural …

1
How to Prepare for Oral Argument 47:03

7M ago47:03

47:03

Have an appellate oral argument coming up? We discuss tips shared by top appellate attorneys how to prepare for and give oral arguments. Some tips include: 🗣️ Anticipate the panel’s questions when you can, but… 🗣️ …be prepared to respond when you don’t know the answer. 🗣️ Be prepared to answer: “What is your rule” for answering the key statutory or…

1
The Power of Anti-SLAPP Motions: Sept. 2023 Cases 35:16

7M ago35:16

35:16

Anti-SLAPP motions are sometimes called early summary judgment motions. But the fact that they are “early” is why they are so powerful: not only do they provide defendants a quick way to defend against claims that involve speech, they force the plaintiff to prove its case without any discovery. On this episode of the California Appellate Law Podcas…

1
246. EPA's Revised WOTUS Rule Conforming to Sackett 16:23

7M ago16:23

16:23

The latest developments in the on-going WOTUS saga, this time another EPA Final Rule displacing all others. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twitter: @AgShaleLaw Like us on Fac…

1
IN THEIR WORDS: What public officials do for us. District Attorney William Fitzpatrick, Onondaga County, NY 38:45

7M ago38:45

38:45

DAs serve a vital role in our court system by ensuring justice and equality under the law for all citizens. In this episode of IN THEIR WORDS: What public officials do for us, CITIZENARTS is honored to spotlight William “Fitz” Fitzpatrick, the eight-time elected DA of Onondaga County in the State of NY that includes Syracuse, one of the state’s lar…

1
245. USDA Guaranteed Loan Debt Relief for Financially Distressed Borrowers; Maryland Supreme Court Nixes Ammonia Air Emissions Inclusion in CAFO permit 23:13

7M ago23:13

23:13

USDA rolls-out another phase of farm loan debt-relief authorized by the Inflation Reduction Act. An unusual Maryland state court ruling on Clean Water Act permitting and ammonia air emissions is reversed by the Maryland Supreme Court. Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe Marie, Written by Broo…

1
Judges Use Clearbrief & So Should You, with Jackie Schafer 55:23

7M ago55:23

55:23

Among the hundreds of great new legal tech available in recent years, Clearbrief stands near the top. Jackie Schafer, a former big-law and state attorney general who had a vision of attorneys and their staff working more effectively and efficiently, designed an app that lives right in your Microsoft Word. Clearbrief lets you upload your case file t…

1
Appeal Your Arbitrator? 43:44

8M ago43:44

43:44

We discuss some interesting recent cases out of the California Court of Appeal: Arbitration clauses may include an agreement to make the award reviewable on appeal. We discuss a recent case that shows how. Can a judge just stay a money judgment? What to do if the appellate court issues a tentative opinion. When an amended order suspends the right t…

1
244. EPA Releases Draft Herbicide Strategy for Endangered Species Listings; Eleventh Circuit Panel Remands Prior Glyphosate Preemption Decision 17:01

8M ago17:01

17:01

EPA Releases Draft Herbicide Strategy for Endangered Species Listings. Eleventh Circuit Panel Remands Prior Glyphosate Preemption Decision Hosted by Chloe Marie, Research Specialist—With Brook Duer, Staff Attorney—Produced by Chloe marie, Written by Brook Duer Penn State Center for Agricultural and Shale Law https://aglaw.psu.edu/ Follow us on Twit…

1
Best Practices for Expert Testimony 46:08

8M ago46:08

46:08

Your next trial could succeed or fail based on whether the expert’s opinion gets admitted or excluded. Based on their recent presentation to financial experts, we cover three key cases—Kelly, Sargon, and Sanchez—that govern expert opinions. We also cover some fundamentals and tips to protect expert work product. Some things experts should remind th…

1
243. USDA Will Commence Hearing on Federal Milk Marketing Order Reform; Federal Court Denies Poultry Producers’ Motions to Dismiss, Antitrust Price-Fixing Litigation Will Continue to Trial 30:00

8M ago30:00

30:00

USDA to convene federal milk marketing order amendment hearing with 21 reform proposals on the table. The country’s largest poultry antitrust case endures a major shakeup when a federal court simultaneously decides 38 motions, mostly for summary judgment. Hosted by Josh Narey, Research Assistant—With Brook Duer, Staff Attorney—Produced by Josh Nare…

1
Investigating Judge Newman, with Aliza Shatzman 50:24

8M ago50:24

50:24

The Judge Pauline Newman saga reached a tentative end—or a respite—when the Federal Circuit imposed a year-long probation on the 96-year-old federal appellate judge. Aliza Shatzman of the Legal Accountability Project discusses the allegations of cognitive decline and workplace misconduct against her, and how the investigation and report may be a mo…

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