Appellate Practice
Nov. 21, 2012
Framing (and winning) your substantial-evidence appeal
Articulating standards of review and explaining how to comply in briefs are not the same thing -- as one discovers appealing a verdict for lack of substantial evidence. By Steven A. Hirsch and Kate E. Lazarus of Keker & Van Nest LLP
Courts are good at articulating standards of review, but less good at explaining how to comply with those standards when writing an appellate brief. These are two different things, as one soon discovers when trying to write a brief attacking a California jury verdict for lack of substantial evidence - the hardest kind of appeal to win.
Writing the fact statement presents the biggest challenge. One soo...
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