This is why your teenagers are anxious: TikTok’s fate hangs in the balance at the Supreme Court. We discuss the recent oral arguments, and Donald Trump’s amicus brief asking the Court to sit tight and he’ll make a fantastic deal that will be fantastic and make the Court very happy and everyone will be very happy. (That is the best Trump impression I can do in written form 🤷).

And what does it mean when the Court of Appeal decided an appeal based on what one attorney does—and the other attorney doesn’t do—at oral argument? We discuss *Pollock v. Kelso* where the court decides that the plaintiff is the previaling party according to a settlement….a settlement the court has never seen.

We also cover Blauser v. Dubin discussing what to do when the trial court does not issue a final appealable order.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• https://www.youtube.com/watch?v=ynzTXuORJwM
• **Appellate court criticizes trial court practice of failing to enter final appealable orders Blauser v. Dubin** (4D3d Nov. 19, 2024 No. G063715).
• **No reporter’s transcript of attorneys’ fees hearing doomed this appeal Saydman v. Aegis Sec. Ins. Co.** (Cal. Ct. App. Dec. 20, 2024 No. G063209) (nonpub. opn.)

Here is our 2024 roundup, and in exchange we have a request for suggestions for 2025 content. If you are an attorney, what content do you prefer? Check out the poll.

Now here’s the roundup of updates for 2025:

📅 MSJ Deadlines Are Updated: Remember 81-20-11. With the MSJ hearing as the target, motions must be filed beforehand 81 days, oppositions 20 days, and replies 11 days.

🥈 Making a 2nd attempt at an MSJ? You’ll need leave of court.

⌨️ The court reporter shortage is before the Supreme Court. Stay tuned.

Here’s the roundup of notable cases from 2024:

• Biden admin takes aim at judges issuing sweeping nationwide injunctions. (But Tim asks: then who will take aim at federal authorities exercising sweeping nationwide powers?)
• Will anti-SLAPPs still be a thing in the Ninth Circuit by the end of 2025? Stay tuned for updates from the en banc panel in Martinez v. ZoomInfo Techs.
• The appellate courts continued to crack down on attorney incivility, with the court vowing that offending attorneys “will be called out and immortalized in the California Appellate Reports.”

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• Videos from this episode will be posted at Tim Kowal’s YouTube channel.

1. Amendments to California's Motion for Summary Judgment Statute:
   • Assembly Bill 2049 Text: Official legislative text detailing the changes effective January 1, 2025.
   • Client Alert: New Summary Judgment Law in California Effective January 1, 2025: An overview of the new law and its implications.
   • New Changes to California's Summary Judgment Process: What You Need to Know: Insights into how the amendments will affect litigation strategies.
2. Court Reporter Shortage and Audio Recording in Courtrooms:
   • California Courts - Newsroom: Updates and news releases from the California judicial branch.

• Supreme Court Arguments on TikTok's Foreign Ownership and Nationwide Injunctions:
  • SCOTUSblog: Comprehensive coverage of upcoming Supreme Court cases and arguments.
• Civility in Legal Practice:
  • Masimo Corporation v. The Vanderpool Law Firm Case Summary: Details of the case addressing issues of civility and discovery sanctions.
  • The Uncivil War Raging Before the Cali

Jackie Gardina shares dispatches from the Blue Ribbon Commission on reforming the Bar Exam, covering recent reforms, the ongoing debate about the exam’s effectiveness, and the rise of alternative pathways to legal licensure. Some takeaways:

• 💯 Yes, the passing score was dropped—but don’t worry, the old one was picked out of a hat (basically).
• 🗯️“End the bar exam?! But that’s how it’s always been done!” Nope. Before that there were was the “diploma privilege” model, and before that the apprenticeship model.
• 🔍 What are other states doing? The mentorship model is in use in Oregon, Washington, and Nevada, and the diploma privilege model in Wisconsin.

Jackie Gardina biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• NCBE Study Aids Store: Offers various resources, including practice questions and study packs for the Multistate Bar Exam (MBE), Multistate Essay Exam (MEE), and Multistate Performance Test (MPT). Visit their store here: NCBE Study Aids Store
• NextGen Bar Exam Information: Provides details on the upcoming changes to the bar exam format, including sample questions and a timeline for implementation. Explore more here: NextGen Bar Exam
• You can find more information about the commission, its objectives, and updates on its activities on the State Bar of California’s website The State Bar of California

There is a 700-appellate case backlog in Los Angeles and only around 450 attorneys on the California Appellate Project—Los Angeles panel. CAP-LA attorneys Jennifer Hansen and Jennifer Peabody share how the rest of us can pitch in to assuage this gap in the administration of justice.

Why work as a panel attorney?

• Get appellate experience.
• Work with an experienced appellate attorney.
• Flexible schedules, remote work, and mentorship.
• While rates are modest, they may be increasing. And there are no client-trust concerns, and CAP-LA covers malpractice insurance.
• Grow your reputation and rapport with colleagues and the bench.
• Make a meaningful difference in clients' lives.

Tune in to hear how appellate attorneys can make a profound impact while building their careers and enhancing their reputations in the legal community.

Jennifer Hansen biography, LinkedIn profile, and Twitter feed.

Jennifer Peabody biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

Below are links to all five project websites and the application for each. Panel Application Links:

• First District Appellate Project: https://www.fdap.org/about/applying-to-the-panel/
• Sixth District Appellate Project: https://sdap.org/about/panel-application/
• Central California Appellate Program: https://capcentral.org/about/how-to-apply/
• Appellate Defenders Inc: https://www.adi-sandiego.com/panel-attorneys/how-to-become-a-panel-attorney/
• California Appellate Project - LA: https://cap-la.org/apply/

Examples of online resources for appointed attorneys are below:

• Samples bank: https://capcentral.org/resources/motion/
• Practice Guide: https://www.adi-sandiego.com/wp-content/uploads/2024/08/Manual-4th-Edition-Oct-2024.pdf
• Appointed Appellate Attorney Community: www.cadc.net

Attorneys still wrestling with Microsoft Word to finish a brief need to be acquainted with Chris Dralla’s product Typelaw, the groundbreaking tool that lets attorneys turn plain text into fully formatted, cited, hyperlinked, local rule-compliant briefs.

If your practice depends on producing high-quality briefs, here is why you need Typelaw in your life:

• Typelaw reduces non-billable time spent on technical aspects of brief preparation, allowing lawyers to focus on legal arguments.
• Moving beyond Word, Typelaw lets you edit directly in the PDF to see instantly what the final, hyperlinked version will look.
• We also compare and contrast Typelaw with similar and complimentary offerings from Clearbrief and CounselPress.

Chris Dralla’s biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• Videos from this episode will be posted at Tim Kowal’s YouTube channel.
• Explore Type Law: Visit Type Law's website to learn more about their services for automating appellate and trial brief preparation.

In this episode, Tim and Jeff dive into the recent heated exchange between Fifth Circuit Judge Edith Jones and Georgetown Professor Stephen Vladeck at the Federalist Society’s Lawyers National Lawyers Conference. The debate centered on the tension between judicial independence and the criticism of judge shopping in high-profile cases.

Tim and Jeff analyze the arguments from both sides, unpacking the implications for the legal profession and the judiciary. They explore the balance between maintaining judicial impartiality and the tactical decisions lawyers make to secure favorable venues.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• Videos from this episode will be posted at Tim Kowal’s YouTube channel.
• Upcoming Event:
• A California Appellate Lawyers Podcast (CALP) meetup on December 10 at the Grand Central Market in Los Angeles.
• Relevant Links:
  1. The Continued Independence of the Judiciary [2024 NLC]
  2. Elon Musk's Terms of Service Changes

Responding to a decades-long lack of court reporters, the Los Angeles Superior Court in September 2024 ordered that electronic recordings may be made. This arguably violates a statute prohibiting the use of electronic recordings. But Erin Smith, co-founder of the Family Violence Appellate Project, explains why the lack of meaningful access to an appellate record is a constitutional crisis. She explains how the General Order is carefully drawn to avoid any prejudice to the interests of the court-reporters association while providing opportunity to create the all-important appellate record.

Erin Smith’s biography and LinkedIn profile.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• 9/5/24 LASC General Order.
• Letters to the Editor: Let judges hit 'record' when no court reporters are available, Erin C. Smith
• Tim Kowal, A Day Without a Court Reporter
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.

Erin Smith’s Family Violence Appellate Project has over 50 published cases under its belt—which is even more impressive considering how difficult it is to get a good record in these cases. In this first part of our conversation, we discuss the FVAP’s work, and the kind of mistakes trial judges make in domestic violence cases.

Erin Smith’s biography and LinkedIn profile.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• 9/5/24 LASC General Order.
• Letters to the Editor: Let judges hit 'record' when no court reporters are available, Erin C. Smith
• Tim Kowal, A Day Without a Court Reporter
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.