The Opening Brief


This blawg "is devoted to appellate decisions and issues, and I hope to generate a discussion on the direction of the law in these pages. Not so much whether we agree or disagree with a particular decision—after all, who wants that kind of written record when you are up for confirmation? Instead, I am interested in discussing the impact of the decisions on a particular area of law, where we think the law might be headed, and what arguments we might make in the next case. I am open to all viewpoints, and I hope to generate a lively discussion. If there is a particular decision you would like to discuss, please send me an e-mail, and I will add it to the menu."

Author: Anthony T. (Tom) Caso has a solo appellate practice in Sacramento, Calif.

Blawg Related Categories: Appellate Practice • States • California • Solo / Small Firm

Recent Posts from The Opening Brief


  • Cal Supreme Court: State law on marriage unconstitutional

    By a 4-3 vote the California Supreme Court has struck down that state statute that limits marriage to opposite sex couples. The combined opinions run about 200 pages, so it will take a while to…

  • Early Cases - “Privileges and Immunities”

    State equal protection jurisprudence will differ from federal when the states take into account the difference in text.  The state charters, when originally adopted, did not contain an express “equal protection” clause (note - the…

  • Early Cases Massachusetts

    In Goodridge v. Department of Public Health, 798 N.E.2d 941 (2003), the Supreme Judicial Court of Massachusetts ruled that the ban on same-sex marriages did not survive rational relationship review under the state constitution’s equal…

  • More Early Decisions on Gay Marriage Cases - Vermont

    The first real break-through case for those arguing in favor of same-sex marriage was Baker v. State, 744 A.2d 864 (1999).  There, the Vermont Supreme Court decided that the “common benefits” clause of the Vermont…

  • Gay Marriage Cases in State Courts — Earlier Decisions

    For those wanting to compare the analysis in the forthcoming California Supreme Court decision with the approach taken by other state high courts, the following are some of the decisions from those courts on this issue:…

  • Decision in Gay Marriage Cases Due Thursday at 10:00am

    The California Supreme Court has announced that it will issue its decision in In re Marriage Casesat 10:00 am on Thursday, May 15, 2008.  Whatever the ultimate result in the case, this should prove to…

  • No Job Protection for Medical Marijuana Users

    The California Supreme Court issued its decision in Ross v. RagingWire this morning holding that while medical marijuana use may be lawful under state law, that law does not prohibit employers from terminating employees based…

  • City’s pre-election challenge to initiative not a SLAPP

    (Bumped — note the comment from the attorney for the petitioner inviting amicus participation)  Tackling the ever more difficult question of when a lawsuit “arises out of” protected activity, the Fourth District Court of Appeal…

  • Appellate Advocacy Seminar in Florida

    Here is the chance for you to travel to the sunshine state and brush up on you appellate advocacy skills (while the rest of the family hangs out at that Magic Kingdom place).  DRI (the…

  • Paint a Picture with Your Words … But Not that Picture

    At the end of the day, litigators (trial and appellate) are in the communications business.  We must get a point across to our audience and win them over to our point of view.  Writing instructors…