Appellate Practice
Mar. 6, 2018
If you're a loser, act like it
Hoping someone else might take the laboring oar and benefit you is a tremendous longshot. If you're a loser, own it: Act like a loser, and appeal.
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
EXCEPTIONALLY APPEALING
Last month's column explored appellate standing with a focus on how appeals are limited to aggrieved parties. Appropriately enough, it was titled "Appeals are for Losers." But you know who the real losers are? Parties who attempt to appeal, but muck it up somehow and have their appeals dismissed. About three percent of appeals get dismissed for procedural reasons. This is nearly always a function of lawyer incompetence....
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