Please read “Mulling Modifications,” the latest “Exceptionally Appealing” column by Duane Morris partner Benjamin Shatz and associate Sylvia (Yoo Jin) Cheong in the Daily Journal.
Mulling Modifications
Appellate Algebra Alert!
Assume you’re in federal court and you decide you need to petition the 9th Circuit for a discretionary interlocutory appeal of some sort. For example, this could be a petition under Federal Rules of Civil Procedure rule 23(f) to appeal an order granting or denying class-action certification. Federal Rules of Appellate Procedure rule 5 sets forth the procedures governing such an “Appeal by Permission.”
Read the full version of this month’s “Exceptionally Appealing” column from Partner Benjamin G. Shatz at the Daily Journal.
Staying Strong and Silent on Appeal
Sometimes the strongest litigation strategy is staying silent—strategically choosing not to respond to weak, irrelevant, or low-impact arguments can conserve client resources, preserve credibility, and let lawyers exercise independent judgment without undermining the case.
Read the full version of this month’s “Exceptionally Appealing” column from Partner Benjamin G. Shatz at the Daily Journal.