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9th Circuit Court of Appeals Boot Camp: The Nuts and Bolts (Recorded Package)
Audio program! (check our CLE Programs page for live versions)
We have gathered another all-star panel together for our United States 9th Circuit Court of Appeals Boot Camp, including three 9th Circuit judges, two authors of Federal Ninth Circuit Civil Appellate Practice (The Rutter Group Practice Guide) and top notch 9th Circuit appellate attorneys.
We are pleased to have the following 9th Circuit judges joining us: Hon. Consuelo M. Callahan, Hon. John B. Owens, and Hon Kim McLane Wardlaw. You’ll also hear from former career 9th Circuit Law Clerks on the panel who know the court inside and out and will give you an inside look and essential advice.
And of course, you will hear from appellate attorneys steeped in 9th Circuit Practice, some of whom are Certified Legal Specialists in California.
This program will be a two-part webinar this year due to Covid-19. Please click on the Agenda Tab above for a detailed list of what you will learn at this program.
On Day 1/Part 1, you will get an overview of the 9th Circuit Practice. You will then be walked through the process of initiating the appeal in civil cases. Though the focus is on civil cases, there will be a brief discussion of initiating the appeal in immigration and criminal cases as well. Your faculty then moves on to discuss the various forms of relief available. You’ll learn about appellate Stays and Bonds and then you will get a deep dive into appellate portion practice – which makes up a good amount of your federal court appeals work.
On Day 2/Part 2, you will hear a quick run-down of the 9th Circuit’s Mediation Program, then your faculty will spend an hour discussing the brief, excerpts of records, the rules and how to write them. After that, you’ll get an inside look at Oral Argument, and learn about the process and components, what you can expect and what the judges expect from you, how to prepare, and how best to argue. A few additional tips on online arguments will discussed.
Your faculty on Day 2/Part 2 will walk you through the critical post-decision practice tasks about which you must know, including Petitions for Panel Rehearing, Petitions for Rehearing en Banc, Petitions for Attorneys’ Fees and Costs, Petitions for Certiorari and essential timelines.
Lastly, you’ll get a quick overview of the Amicus Brief.
This is an essential program for anyone new to practicing in the 9th Circuit, or anyone wanting an inside look at it. For the latter though, please note that this is a beginner-intermediate level course.
Attendees will get 40% off the Rutter’s Federal Ninth Circuit Civil Appellate Practice, co-authored by Peder K. Batalden and John F. Querio, who are speaking at the program.
This program was recorded live on November 2 & 4, 2021. The recorded packages are now available in audio or video format and includes seminar materials.*
* The Video recording is a video of the webinar (including sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car). You can also purchase both formats together. Note: All downloads must be downloaded to a computer first, before transferring them to another device.
Have you ever thought about improving your public speaking skills? Now is the time! Get Faith Pincus’ book Being Heard: Presentation Skills for Attorneys, from the ABA now (ABA members receive 10%-20% off). Or – you can order a signed paperback from us at a discount here (free shipping). It is also available on Amazon in Kindle and paperback versions.
What You Will Learn
Part 1 Topics
An Overview of 9th Circuit Practice
- Overview of the structure of the 9th Circuit
- 9th Circuit docket orders/time schedules demystified
Initiating the Appeal in Civil Cases
- Should you appeal?
- Do you have an appeal as a matter of right?
- If not, what are your options for interlocutory review?
- Petitions for permission to appeal (28 U.S.C. § 1292(b), Fed. R. Civ. P. 23(f))
- Entry of separate judgment as to fewer than all parties/claims (Fed. R. Civ. P. 54(b))
- Appeals from orders granting or denying preliminary injunctions
- Initiating the appeal
Initiating the Appeal in Immigration, Criminal and Class Action Cases
- How to initiate an immigration petition for review under the new system
- Special rules for class actions
- Different timelines for civil and criminal appeals
- Special rules for bringing a habeas petition – certificates of appealability in the trial court and the 9th Circuit
The Court’s Decision—What Relief and in What Form?
- The five main dispositions—affirm, reverse, vacate, remand, and dismiss
- Published opinions versus unpublished memoranda
- Certifying state-law questions to state supreme courts
- Practice tips: framing the relief your client needs
Appellate Stays and Bonds
- When can enforcement of a judgment begin?
- Staying a money judgment by providing security
- Staying a money judgment without security
- Staying (or creating) an injunction pending appeal
- From which court do I request a stay?
Appellate Motion Practice
- Procedural motions
- Extensions of time
- Oversized briefs
- Withdrawal / substitution of counsel
- Stay of appellate proceedings
- Limited remand
- In forma pauperis
- Substantive motions
- Summary affirmance / summary disposition
- Stay / injunctive relief
- Appointment of counsel
- Original proceedings
- Petitions for permission to appeal
- 28 U.S.C. s. 1292(b), Federal Rule of Civil Procedure 23(f)
- Mandamus petitions
- Miscellaneous issues
- If relief is needed on an “emergency” basis (fewer than 21 days)
- Certificate of appealability in habeas cases
- 42 U.S.C. § 1983 cases by prisoners – exhaustion administrative remedies
Part 2 Topics
The 9th Circuit Mediation Program
- 9th Circuit Rules v. State Rules Generally (not by state)
- How to decide what you’ll put in your briefs
- Standard of review in briefs
- Excerpt of Records requirement
- A walk through of your briefs
- What persuades your judges?
- What does not persuade your judges?
- Writing tips
- Process and components
- Whether or not and why they get scheduled
- How judges are picked
- What happens after your argument?
- How to prepare
- What is the usual timing?
- What are the most important rules?
- What are judges are expecting from you?
- In-person presentation tips
- Additional tips for online arguments
- Petitions for panel rehearing
- Petitions for rehearing en banc
- Petitions for attorney fees
- Cost bills
- Petitions for certiorari
- Making your appeal cert proof
The Amicus Brief
- Why do them?
“I liked the variety of speakers. Each had expertise in the topics covered. Having multiple speakers kept things interesting. Great job! Thank you!” – Katherine Rabago, Esq.
“The first day was very helpful, especially the judge’s perspective. The judicial comments were also very helpful. I appreciated the information and suggestions about brief content and writing style preference. I also appreciated day 2 where there was more pragmatic advice given. Great program.” – Amy Michael, Esq.
“Excellent. Perhaps the most useful MCLE I’ve attended in my 32 years of practice.”
“Good program. Covered a lot of areas in a short period. Demonstrated a need for intense study to enter the field.” – Stephen J. Hansen, Esq.
“Insight into the practical workings of the court was invaluable.”– Ryan McBride, Esq.
“This CLE is one of the best I’ve attended. Very well organized and well-paced.”
“Very useful for new appellate lawyers.”
“Very clear and relevant presentation.” – Brian Beckwith, Esq.
“The speakers were all subject matter experts on their topics and the handout materials are detailed and well-organized.”
“Helpful insider comments and insights.” – Cacilia Kim, Esq.
“I rarely keep course materials, but I’ve found the material accompanying several chapters worth keeping.”
“The first day’s speakers were particularly outstanding.” – Stephen D. Watson, Esq.
“Excellent speakers and presentation.” – Rebecca Wilson, Esq.
“I thought all speakers were well-qualified experts. I enjoyed the presentation very much.”
“Well done presentation.” – Joshua Stevens, Esq.
“Loved this program. Very helpful to me. It gave me a lot of insight into appellate practice generally, as well as the 9th Circuit particularly.”
“Excellent program and speakers!” – Joubin Nasseru, Esq.
“Very energetic and engaging.” – Andrea Darrow Smith, Esq.
“I really enjoy part 2 of the CLE today. I loved having the judges’ perspectives regarding procedure, tone and format of briefs, and other insights. It will be very helpful in my practice!”
“It was very helpful.” – Fraser Muir, Esq.
“Excellent. Paul deserves the accolades he’s received at Hastings. Good use of exercises.” – Tom Freeman, Esq.
“Paul is great, personable, and clear spoken.” – Debra Bookout, Esq.
“Great, in-depth course with lots of experts and very professionally executed.”
“Very helpful, practical, and informative.”
“Very informative. I enjoyed the pace and being able to follow along with the handout.”
“In general, it is helpful to hear how judges approach appeals, what they prefer, what they dislike, and general approaches taken.”
“I loved the variety of perspectives, from lawyers in different sectors to judges on different panels. Thank you!”
“Fantastic speakers and materials. The judges’ perspectives were particularly helpful.”
“Very good content, I enjoyed hearing different perspectives.”
“The program was very broad, yet specific enough with details to remind me of issues to look for.”
“Very knowledgeable presenters, good pace, and appreciate the extensive written materials.”
“Very well done and informative.”
“The judges’ contributions to the panels were a very good add. Speakers were all very good.”
“I thought the program was good. Good overview and shows the need to develop knowledge of the subject.”
“The speakers certainly knew what they were talking about.”
“I was looking to gain confidence in my knowledge, and I got it!”
“All the presenters were excellent.”
“Speakers were very knowledgeable on the topics.”
“Efficient speakers, loved the panel on oral argument.”
“It was very informative and helpful.”
“All good and helpful information.”
“Knowledgeable and experienced speakers”
“I found the program very beneficial.”
“Wonderful insight and knowledgeable practitioners.”
“Very good coverage of salient topics.”
“Excellent & effective.”
“Very well organized with good exercises, too.”
“Excellent! Enthusiasm appreciated.”
“The panel was well organized and knowledgeable.”
“Great panel and speakers.”
“Very efficient, good overview content.”
“Good and informative.”
“Good job overall.”
“Great to hear from a law clerk.”
Hon. Consuelo M. Callahan
United States Court of Appeals for the Ninth Circuit
Judge Consuelo Maria Callahan was nominated by President George W. Bush on February 12, 2003, to serve as a United States Circuit Judge for the Ninth Circuit. In May of 2003, she was confirmed unanimously (99-0) by the United States Senate. Judge Callahan lives in Stockton and has her chambers in Sacramento. She was the first judge in San Joaquin County history to be appointed to the federal court.
Judge Callahan received her bachelor’s degree from Stanford University, her Juris Doctor from Pacific McGeorge School of Law, and her Masters of Law degree from the University of Virginia School of Law.
Prior to being appointed to the federal bench, Judge Callahan was a state court judge, serving as a Justice for the Third District Court of Appeal for the State of California, a Superior Court Judge for San Joaquin County, and a Commissioner for Stockton Municipal Court. Judge Callahan was the first woman and Latina to be appointed to the San Joaquin County Superior Court. She was the first judge from San Joaquin County to be elevated to the Court of Appeal in 73 years.
Prior to being appointed to the bench, Judge Callahan was a Deputy Stockton City Attorney and a Deputy San Joaquin County District Attorney. As a prosecutor, Judge Callahan prosecuted major felonies, including but not limited to child abuse, sexual assault, career criminal, and capital homicides. Judge Callahan served on the Board of Regents for the University of the Pacific for nine years. She currently serves as a Trustee for the American Inns of Court and Western University. As well, Judge Callahan is a frequent instructor to judges and lawyers, both domestically and internationally, and is a Co-Author for the Rutter Group Employment Guide.
Judge Callahan has received numerous awards including the Susan B. Anthony Award for Legal Services, 1987; Peacemaker of the Year Award, 1997; Induction into the Mexican-American Hall of Fame, 1999; San Joaquin County Law Day Award, 2001; Action on Behalf of Children (ABC) Award, 2002; Italian Athletic Club Citizen of the Year, 2005; Pacific McGeorge School of Law Alumna of the Year Award, 2005; Sacramento Bar Association Judge of the Year, 2006; ABOTA Humanitarian Judge of the Year, 2008; ATHENA Award, 2009; American Inns of Court Ninth Circuit Professional Award, 2014; Judge Armendariz Award, 2016; University of the Pacific Distinguished Public Service Award, 2017.
Hon. John B. Owens
United States Court of Appeals for the Ninth Circuit
The Honorable John B. Owens serves on the Court of Appeals for the Ninth Circuit.
Prior to becoming a federal judge in 2014, he was a partner at Munger, Tolles & Olson LLP (where he focused on white collar investigations and appellate matters), and a federal prosecutor for more than 11 years in Washington D.C., Los Angeles, and San Diego. He served as the Chief of the Criminal Division in the U.S Attorney’s Office for the Southern District of California, and received two Director’s Awards for his work there. The television show American Greed featured two of his prosecutions, and he obtained the longest sentence for a white collar defendant in the history of the Southern District of California in United States v. Cao.
Judge Owens graduated first in his class from Stanford Law School in 1996, where he was an Executive Editor on the Stanford Law Review. After graduation, he served as a law clerk for the Honorable J. Clifford Wallace of the Ninth Circuit Court of Appeals and for the Honorable Ruth Bader Ginsburg of the Supreme Court of the United States.
His written work has appeared in the California Law Review, the UCLA Law Review, the Northwestern Law Review, and other law reviews.
Hon Kim McLane Wardlaw
United States Court of Appeals for the Ninth Circuit
Judge Kim McLane Wardlaw serves on the Ninth Circuit Court of Appeals. She was nominated by President William Jefferson Clinton on January 27, 1998. She was confirmed by the United States Senate on July 31, 1998, and appointed to the Court on August 3, 1998. Judge Wardlaw had previously served on the United States District Court for the Central District of California since January 3, 1996. Before joining the district court, she was a litigation partner of the international law firm O’Melveny & Myers, and was based in Los Angeles.There she enjoyed a general business litigation practice, with special emphases in intellectual property and media defense law. While in private practice, Judge Wardlaw served in various offices of the Women Lawyers Association of Los Angeles, the Women Lawyers Public Action Grant Foundation and the Association of Business Trial Lawyers, from which she resigned as an officer upon assuming the bench. Also while in private practice, Judge Wardlaw was involved in numerous community, political and governmental activities, taking leaves of absence from her practice to join the Clinton-Gore Presidential Transition Team, where she worked in the United States Justice Department, and serving as Mayor-elect Richard J. Riordan’s Government Liaison during his mayoral transition.
Judge Wardlaw graduated summa cum laude and Phi Beta Kappa from UCLA with an A.B. in Communication Studies in 1976. She obtained her J.D. in 1979 from UCLA Law School, where she was awarded Order of the Coif and named Outstanding Graduate of the Class of 1979. She was a legal extern during law school for the late Honorable Joseph T. Sneed, III of the United States Court of Appeals for the Ninth Circuit and upon graduation, clerked for Honorable William P. Gray of the United States District Court for the Central District of California.
Peder K. Batalden, Esq.
Horvitz & Levy LLP
For many institutional clients, Peder Batalden is the go-to lawyer to handle important federal appeals. In addition to taking the lead on briefing and arguing those appeals, he often works with clients before an appeal begins, advising them to preserve issues and present evidence in the best posture for appeal. And he routinely assists clients in responding to large money judgments, drawing upon a deep knowledge of federal jurisdiction and procedure to assist in staying enforcement of judgments and preparing post-trial motions so that issues for appeal are not lost.
Peder is a partner at the firm. He has successfully petitioned for review in the U.S. Supreme Court, and he has argued and won numerous appeals in the U.S. Courts of Appeals for the Ninth and Tenth Circuits.
Peder has represented many significant companies, including AutoNation, Bank of America, Chevron, Ford Motor Company, Honeywell, Hospital Corporation of America, Lyft, Media News Group, The Sherwin-Williams Company, Newell Brands, Sempra Energy, TASER International, Travelers, and Toyota Motor Sales. He has also represented government entities and employees in federal civil rights actions; major medical providers in healthcare matters; and insurers in coverage actions.
Peder is co-author of the leading treatise on civil appeals before the Ninth Circuit, the Rutter Group’s Ninth Circuit Civil Appellate Practice. He is a past Chair of the State Bar of California’s Standing Committee on the Federal Courts, which works to enhance bench-bar relations and studies proposed changes to federal rules. He also routinely comments on proposed amendments to the Federal Rules of Appellate Procedure and to the Ninth Circuit rules.
Robert M. Dato, Esq.
Robert M. Dato primarily represents clients in business litigation and employment matters, with particular emphasis on appeals and related proceedings. Mr. Dato, a Certified Appellate Specialist in California since 1996, has handled more than 400 appellate matters in state and federal courts throughout the United States and served as the national coordinating appellate counsel for two major pharmaceutical manufacturers.
Mr. Dato was previously a senior research attorney to Presiding Justice David G. Sills of the California Court of Appeal in Santa Ana, where he prepared approximately 200 appellate opinions in substantive areas ranging from family law to complex business litigation matters. He also occasionally served as the court’s writ attorney, reviewing and making recommendations regarding writ petitions filed with the court.
Mr. Dato is the author of CEB’s Handling Civil Appeals: Action Guide, a co-author of CEB’s Civil Appellate Practice treatise, and a contributor to CEB’s “Civil Procedure During Trial” treatise. He is currently a member of the Orange County Bar Association’s Professionalism and Ethics Committee. He is a past chair of the State Bar’s Committee on Administration of Justice and a past chair of the Orange County Bar Association’s Appellate Law Section. Mr. Dato is AV Preeminent rated by Martindale Hubbell. Mr. Dato was recognized as a 2016 and 2019-2021 Southern California Super Lawyer, as well as a 2013 Top Rated Lawyer in the area of Commercial Litigation by American Lawyer Media in conjunction with Martindale Hubbell.
Allison L. Ehlert, Esq.
Ehlert Hicks LLP
Allison Ehlert is an experienced appellate lawyer who devotes her practice to civil and criminal appeals in the federal courts and California state courts.
She has won precedent-setting victories for her clients on cases as diverse as those involving federal criminal-sentencing law and California wage-and-hour law. Her brief writing has been described as “exemplary” by the U.S. Court of Appeals for the Sixth Circuit, and she has been ranked as a “Super Lawyer” in each of 2016, 2017, and 2018.
After law school, Allison clerked for Chief Judge R. Guy Cole on the U.S. Court of Appeals for the Sixth Circuit, as well as Judge Algenon L. Marbley on the U.S. District Court for the Southern District of Ohio. She also spent several years as a trial and appellate litigator at one of San Francisco’s top law firms, Coblentz, Patch, Duffy & Bass.
Allison received her J.D. from the University of California, Berkeley, where she received the American Jurisprudence Award in Criminal Law and the Prosser Prize in Voting Rights. She received her B.A., Summa Cum Laude, in Politics & Government from Ohio Wesleyan University, where she graduated first in her class and was inducted into Phi Beta Kappa.
Allison is admitted to practice before the U.S. Supreme Court, the Ninth Circuit Court of Appeals, the Sixth Circuit Court of Appeals, numerous federal district courts, and all California state courts.
When she’s not researching cases and polishing briefs, Allison enjoys reading novels and the New Yorker, hiking Bay Area trails, and especially, attempting to keep up with her young daughters.
Polly J. Estes, Esq.
Estes Law Group
With 22 years of experience in state and federal courts, Polly has successfully tried numerous bench and jury trials in such diverse areas as class actions, freedom of speech and freedom of religion, securities fraud, tax regulation, riparian rights, eminent domain, professional liability, and high-dollar insurance bad faith.
Polly spent 15 years of her working for state and federal appellate courts, where she helped judges evaluate the merits of more than 500 civil, criminal, and administrative appeals. Before starting Estes Law Group, Polly served as the Chief Law Clerk to the Honorable Carlos T. Bea on the United States Court of Appeals for the Ninth Circuit for eight years. While at the Ninth Circuit, Polly participated in all aspects of the appellate process, including drafting bench and en banc memoranda, opinions, dissents, orders, and memorandum dispositions. These cases spanned all areas of federal law, including securities fraud, antitrust, class actions, environmental, social security, and immigration, to name just a few. She also handled several state law areas through diversity jurisdiction, such as insurance law and contracts.
Polly served as a staff attorney in the Motions Unit at the Ninth Circuit for more than three years, a position which allowed her to work with each of the judges on the court. As a motions attorney, Polly orally presented dozens of cases each month to a panel of three judges, explaining the case and the proposed disposition she had drafted. Polly also has state court experience, having served as a briefing attorney to The Honorable Catherine Stone at the Texas Court of Appeals for the Fourth Judicial District, and as an extern to The Honorable Lloyd Doggett at the Texas Supreme Court.
In addition to working for courts, Polly worked for six years for two prominent national law firms—Akin, Gump, Strauss, Hauer & Feld and Sonnenschein, Nath & Rosenthal (now Dentons). While at these firms, Polly handled a number of trials and appeals, most notably high-exposure bad faith insurance trials and appeals for State Farm, USAA, and Allstate. She was often brought in to handle the appeal when another firm lost at trial. Polly won each of these appeals. Polly has extensive experience writing amicus curiae briefs in courts around the country to help shape the law that affected the firm’s clients.
Polly earned a Juris Doctor from the University of Texas at Austin, where she served as an editor on the Texas International Law Journal and a recipient of the Robert S. Strauss Presidential Scholarship. She studied at the Université Libre de Bruxelles and the University of London through Duke’s study abroad program. Polly is admitted to practice in California (2000), Texas (1993), the Northern District of California, the Western District of Texas, the Ninth Circuit, and the Fifth Circuit.
She is a member of the San Francisco, Fifth Circuit, and Ninth Circuit Bar Associations, and the Texas State Bar College.
Polly earned a Bachelor of Science degree from the University of Colorado cum laude, with a double major in Marketing and International Business, and a minor in International Economics. She received many honors during her time there, including Phi Beta Kappa and the Golden Key Honor Society.
Adam W. Hofmann, Esq.
Hanson Bridgett LLP
Adam is an Appellate Specialist, certified by the California Board of Legal Specialization, and serves as the Co-Chair of Hanson Bridgett’s appellate practice group. He represents both public and private clients in civil writs, appeals, and mandate proceedings. He has briefed and argued cases in the Ninth Circuit Court of Appeals and every District Court of Appeal in California and has filed merits briefs in two U.S. Supreme Court cases.
His practice focuses on representing cities, counties, and special districts in writs and appeals relating especially relating to public finance and revenue measures, as well as land use, civil rights, employee benefits, labor standards, and election law. He has represented water districts and cities in a range of disputes regarding rates, fees, and charges, including work on some of the leading cases interpreting related provisions of the California Constitution, including the California Supreme Court’s decisions in Jacks v. City of Santa Barbara and City of San Buenaventura v. United Water Conservation District.
Outside of the office, Adam coaches regionally and nationally competitive moot-court teams at UC Davis School of Law. He also speaks and writes on questions of local government authority and policy under the California Constitution and is an adjunct professor teaching courses in local government and land use law at the University of San Francisco School of Law. Prior to joining Hanson Bridgett, Adam was also an extern in the chambers of the Honorable Martin J. Jenkins.
R. Daniel Lindahl, Esq.
Over his career, Dan Lindahl has handled approximately 200 state and federal appeals, making him one of the most experienced appellate lawyers in the Pacific Northwest. He leads Bullivant’s appellate practice, which includes lawyers across many practice areas. Dan’s professional recognition includes election as a Fellow in the American Academy of Appellate Lawyers.
Dan’s practice focuses on handling cases in the Oregon and Washington state appellate courts and the United States Court of Appeals for the Ninth Circuit. In addition to his focus on appellate practice, he provides trial support in cases involving complex legal issues, including summary judgment motions, motions in limine, jury instructions, and post-trial motions.
Dan is also the author of a column in The Verdict, the Oregon Association of Defense Counsel’s quarterly publication, where he provides practical tips for those who seek clarity and effectiveness in their written work.
Teal Luthy Miller, Esq.
United States Attorney
US Attorney’s Office in the Western District of Washington
Teal Luthy Miller is the Appellate Chief for the U.S. Attorney’s Office in the Western District of Washington, where she supervises the office’s civil and criminal appeals. Before she joined the U.S. Attorney’s office, she worked in the Appellate Section of the Civil Division of the Department of Justice for ten years. Between law school and Civil Appellate, she clerked for the Hon. Edward R. Becker on the United States Court of Appeals for the Third Circuit, served as a Bristow Fellow in the Office of the Solicitor General, and worked as an associate at a firm in Washington, DC. She has handled hundreds of appeals in the Ninth Circuit and has presented oral argument in many Ninth Circuit cases and in nine other courts of appeals. She graduated from the University of Chicago law school with high honors.
John F. Querio, Esq.
Horvitz & Levy LLP
Large public companies, small businesses, and trial counsel, as well as significant trade associations, have benefited from John Querio’s proficiency in a wide range of practice areas, including commercial contract disputes; arbitration and class actions; defense of claims based on professional conduct (including the anti-SLAPP statute and First Amendment issues, legal malpractice, and malicious prosecution); defense of insurance coverage and bad faith litigation; products and premises liability defense; civil rights litigation defense; and punitive damages. John works with clients and trial counsel before, during, and after an appeal to preserve issues and position the case for an optimal outcome.
John is a partner at the firm, where he has worked on dozens of civil appeals in state and federal court. He has special expertise in federal civil and appellate procedure and has argued numerous appeals in the U.S. Court of Appeals for the Ninth Circuit. He is co-author of the leading treatise on civil appeals before the Ninth Circuit, the Rutter Group’s Ninth Circuit Civil Appellate Practice . He has also represented parties and amici curiae in numerous cases in the United States, California, and Nevada Supreme Courts.
John has counseled many significant companies on appellate matters, including Ford Motor Company, State Farm, American General Life Insurance Company, Hospital Corporation of America, QBE Insurance Corporation, Travelers, Kiewit, Dow Chemical Company, Philip Morris, and San Diego Gas & Electric Company. He has also represented cities, counties, and peace officers in federal civil rights actions; major hospitals and providers in healthcare matters; and large insurers in coverage disputes. He has worked with major trade associations to position cutting edge issues for appellate review, including the Chamber of Commerce of the United States of America, DRI-The Voice of the Defense Bar, the Washington Legal Foundation, the California Hospital Association, and the California New Car Dealers Association.
John is active in the legal community, authoring articles and making presentations at client venues, other law firms, and bar events. He has been a member of the Board of Governors of the Los Angeles Chapter of the Association of Business Trial Lawyers, which brings together plaintiff and defense lawyers with judicial officers to promote civility, collegiality, and the fair and efficient administration of civil justice. In that capacity, he served as co-editor of the ABTL Report, which is the association’s quarterly publication dedicated to legal developments and civil practice issues.
Johanna Schiavoni, Esq.
Complex Appellate Litigation Group, LLP LLP
Johanna Schiavoni is certified as a specialist in appellate law by the State Bar of California and has nearly two decades of appellate experience. She has argued more than 30 cases in the state and federal appellate courts and has been the principal brief-writer in at least 70. She was the 2020 President of the San Diego County Bar Association, which serves nearly 10,000 members of the San Diego legal community.
Johanna regularly represents large companies, closely-held corporations, small businesses, and individuals in high-stakes appellate matters. She has participated in cases on subjects ranging from business torts to healthcare law to employment, insurance, contract, and intellectual property disputes. She has also represented clients in anti-SLAPP, unfair competition, securities, and public entity appeals, as well as administrative law and consumer class action litigation.
Johanna has obtained several recent appellate victories, including reversal of an anti-SLAPP order and accompanying judgment that had awarded nearly 5,000 in attorneys’ fees and costs against her client in a dispute arising out of a lease of a commercial lease. She also won reversal of a summary judgment in the California Court of Appeal in a sexual harassment and hostile work environment case, which resulted in a significant settlement for the client. Johanna also overturned a summary judgment in the Ninth Circuit Court of Appeals, which resulted in a favorable financial settlement for the client and brought seven years of litigation to a close.
Johanna has been named to the San Diego SuperLawyers list for Appellate Litigation in each of the past six years, an honor reserved for the top 5% of appellate attorneys and awarded based upon merit selection criteria in addition to review by peer attorneys. In each of 2018, 2019 and 2020, Johanna also was named by SuperLawyers one of San Diego’s “Top 25 Women Attorneys” and among the “Top 50 Attorneys” overall in the region.
Since 2019, Johanna has also served as an Appellate Lawyer Representative to the U.S. Court of Appeals for the Ninth Circuit, a small group of attorneys selected by the Circuit’s judges to work on improving the administration of the court and to advance the interests of the appellate bar and clients who appear in the Ninth Circuit.
The San Diego County Bar Association previously awarded Johanna its Community Service Award for her commitment to advancing the interests of women and girls, her work on leadership development, and her commitment to supporting the performing arts. Notably, when elected as the 113th President of the San Diego County Bar Association, Johanna became only the fourteenth woman to serve in that role in the organization’s history.
In 2018, Johanna was appointed by San Diego’s Mayor, and unanimously confirmed by the City Council, to a position on the Board overseeing the San Diego County Regional Airport Authority. She was unanimously reappointed for an additional three-year term in March of 2020. As a member of the Airport Authority’s Board, she routinely evaluates multi-million-dollar contracts, oversees implementation of a multi-billion-dollar terminal renovation project, and makes decisions on complex legal matters for the Airport Authority. She has served on the Finance and Audit Committees, as well as on the Advisory Committee working with external stakeholders in the community and as the Airport’s representative on the Transportation Committee of the San Diego Association of Governments. She also Chairs the Authority Board’s Executive Personnel and Compensation Committee.
Johanna is a 2002 graduate of the UCLA School of Law, and a 1998 graduate of Washington University in St. Louis. She clerked for M. Margaret McKeown on the U.S. Court of Appeals for the Ninth Circuit in San Diego and Christina Snyder on the U.S. District Court for the Central District of California in Los Angeles.
Janet Schroer, Esq.
Hart Wagner LLP
Janet frequently serves the firm’s clients in the Oregon Court of Appeals and Oregon Supreme Court, and Ninth Circuit Court of Appeals. She also represents her clients’ business, professional and personal interests before various trial courts and professional licensing agencies. Her practice requires that she often work closely with the client’s general counsel or trial lawyer on appellate matters, so she has developed a strong and long lasting relationship with other lawyers.
Janet has handled well over 50 cases to final decision in the Ninth Circuit Court of Appeals. She has argued over 30 cases and taken them to final opinion in the Oregon Supreme Court, and argued over 130 cases resulting in opinions in the Oregon Court of Appeals. She has also handled appeals in the Tenth Circuit Court of Appeals, Idaho Supreme Court, Nevada Supreme Court, and Washington Court of Appeals and Supreme Court.
Janet defends doctors, lawyers and other professionals in Oregon state and federal trial courts. She also handles all aspects of professional malpractice, commercial litigation, products liability and general litigation.
She also represents Oregon professionals in matters involving their licensing Boards. She works frequently with the various Oregon professional licensing Boards.
Susan Yorke, Esq.
Complex Appellate Litigation Group, LLP
Susan Yorke has worked on more than a hundred appellate matters and has won cases in the Ninth Circuit, Oregon Supreme Court, and California and Oregon intermediate appellate courts. She previously served as a law clerk to two judges on the U.S. Court of Appeals for the Ninth Circuit, Susan P. Graber and Edward Leavy. She also spent years focusing on civil and criminal appeals in the Ninth Circuit and state appellate courts while an Assistant Attorney General in the Appellate Division of the Oregon Department of Justice. In 2018, the Ninth Circuit’s appellate judges appointed Susan an Appellate Lawyer Representative to the Circuit’s Judicial Conference.
Susan has litigated appeals on topics ranging from constitutional and criminal law to healthcare and professional licensure. She has dealt with complicated jurisdictional and procedural issues in both state and federal court, and conducted numerous realistic assessments on the chances for success in Ninth Circuit appeals from adverse decisions. She has provided strategic advice to trial teams with complex or high-stakes trial matters, consulting on pleadings and motions and ensuring that issues are adequately preserved for appeal.
In addition to her appellate practice, Susan currently serves as a Practitioner-Advisor for the Appellate Advocacy course at Berkeley Law, and on the Editorial Board for the Federal Bar Association’s magazine, The Federal Lawyer. She has also taught several other law school and college courses, including an interdisciplinary class on the Supreme Court and social change, as well as a writing-intensive class aimed at preparing students for judicial clerkships.
Susan graduated from Columbia Law School as a Harlan Fiske Stone Scholar and obtained a master’s degree in public policy from Princeton University. She received her undergraduate degree in mathematics and English, with honors, from Williams College.
Three Recorded Package options to choose from:
Video (with sound)* Recording & Materials Package – CD or Download: $425
Audio Only* Recording & Materials Package – CD or Download: $425
Order both the Video* and Audio Only* Packages for only $50 more – CD or Download: $475
*The Video recording is a video of the webinar (with sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car).
Note: All downloads must be downloaded to a computer first, before transferring them to another device.
For CDs, please add $8.50 shipping and, in CA, sales tax.
*Your discount is automatically applied at check out.
This program will be recorded live on[Insert date}.
(Recorded packages are available approximately three weeks after the seminar is held.)
CA Certified Legal Specialist CLE in California in Appellate Law CLE: This program is approved for 6.5 units of Participatory Certified Legal Specialist CLE in California in Appellate Law through 11/2/2023. Approved for 6.5 units of Self Study Certified Legal Specialist CLE in California in Appellate Law through 11/2/2026.
CA General: Approved for 6.5 units of General CA CLE.
NV General: This program is approved for 6.5 units of general CLE in Nevada.
OR General: This program is approved for 6.5 units of general CLE in Oregon.
WA General: This program is approved for 6.5 units of general CLE in Washington.
NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 6.5 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.
This program is approved for CLE in the states listed above. Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above. Many attorneys ask for this and are approved in other states.