During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
After reversal on appeal, the plaintiff must return to the defendant the subsidiary plaintiff seized in execution of judgment while an appeal was pending and is not entitled to compensation for losses the subsidiary sustained while in plaintiff’s hands. Read More
The Ninth Circuit declines interlocutory mandamus review of a denial of a motion to dismiss suit claiming that government policies exacerbated climate change; the Baumann factors governing such review were not satisfied. Read More
Though no separate judgment was entered, the jury’s special verdict resolved all issues in the case, so the losing party’s 30-day time to appeal began to run out 150 days after entry of the verdict. Read More
In evaluating whether a person is an “insider” of a debtor under the Bankruptcy Code, an appellate court reviews a trial court’s determination of whether a transaction was arm’s length using the clear error standard of review. Read More
When parties try to force a premature appeal by dismissing some claims without prejudice, the appellate court should dismiss the appeal and remand the case to the trial court so it can finally resolve all claims and enter a final, appealable judgment. Read More
An order removing an executor is not a final and appealable order if the trial court, in issuing the order, states that a written statement of decision providing the findings and reasoning supporting the order will be issued later. Read More
Appeal time limits set by congressional statute are jurisdictional; those prescribed by court rule are merely mandatory and may be waived if the opposing party does not promptly object. Read More
The invited error doctrine bars a party from appealing from an order the party submitted for the sole purpose of creating an appeal that would derail trial. Read More
A party moving for limited remand while a case is on appeal need not have moved for an indicative ruling in the district court if the district court has entered an indicative ruling in response to some other proceeding. Read More
An order granting or denying a motion to disqualify counsel is immediately appealable; the appeal automatically stays the appealed order but not other proceedings in the trial court, so a disqualified attorney may continue to the representation while the appeal is pending. Read More
