Part of the Appeal
Joseph Michael LevyAnalyzing important appellate decisions that affect the West Coast.
| Platform |  | Pricing | Only free issues |
|---|---|---|---|
| Publishes | Weekly | Issues | 21 |
| Subscribers | Read | partoftheappeal.substack.com |
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Latest Issues
Recent posts by this newsletter. Browse the email archive.
For the first time ever, the Oregon Supreme Court has set out the elements of a breach of contract claim.
I’m not being hyperbolic. Until a few weeks ago, the Oregon Supreme Court has never listed the elements of a breach of contract claim. This changed in Huskey v. Oregon Department of Corrections. Going forward, we now know that, to plead a b...
Don’t want to be in federal court? Try amending.
In Royal Canin U.S.A., Inc. v. Wullschleger, the Supreme Court held that a party can amend its complaint after the case has been removed to federal court, thereby stripping the federal court of jurisdiction. This is important for practition...
Don't let your opponent dictate the organization of your arguments.
Here’s the situation: you’re responding to a brief in which the opposing party makes three arguments. They’ve put their arguments in order of strength, starting with the best, going down to the weakest (as I’ve argued they should do). So, i...
Don't put a weak argument before a strong one (usually).
Lawyers are often told to put their best arguments first in a brief, their weakest arguments in the middle, and the second best argument last (called "sandwiching"). I think this conventional wisdom is wrong.
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