Ben Feuer

July 27, 2022 | National Law Journal

The Spanish are known for their many witty aphorisms, passed down over centuries, which they call refranes. As it turns out, some of these refranes carry with them useful lessons for American appellate lawyers today.

By Judge Carlos T. Bea and Ben Feuer

10 minute read

April 08, 2021 | The Recorder

In our decades of experience working with many in-house counsel on significant appeals for their companies, there are a few realities that they told us they wished they'd known earlier in the litigation process, say Ben Feuer and Rex Heinke of California Appellate Law Group.

By Ben Feuer and Rex Heinke

7 minute read

September 18, 2020 | The Recorder

The team's $50 million loss in the First District last month includes a valuable tip for lawyers who draft contracts with arbitration clauses.

By Ben Feuer

6 minute read

December 09, 2019 | The Recorder

In drafting Articles of Impeachment, the House should not overlook what may be Trump's most egregious violation of the Constitution's text: flatly ignoring the clear requirements of the Foreign Emoluments Clause.

By Ben Feuer

9 minute read

September 26, 2018 | The Recorder

In 1998, a fashionably late California joined 44 states in adopting a procedure to allow out-of-state courts to request the state supreme court decide unsettled questions of state law relevant to their ongoing proceedings. Primarily aimed at federal courts, which frequently hear state law claims under their diversity jurisdiction, the rule was controversial and faced stiff resistance at the outset. But now, two decades on, it's turned out a great success.

By Ben Feuer

8 minute read

April 11, 2018 | The Recorder

Even meritless appeals that require little opinion-writing time can take a year or more to be processed by the court. The delay is made worse by the court's seven judicial vacancies, with at least one more announced—nearly a quarter of the circuit's allotment.

By Ben Feuer, California Appellate Law Group

5 minute read

November 17, 2017 | The Recorder

The so-called "Imperial Presidency" has its roots in a tale about a phony wedding contract, a femme fatale with a sharpshooter's eye, the notoriously hot-tempered former California Supreme Court Justice who fell in love with her, and a U.S. Marshal who killed him on a train while defending a sitting U.S. Supreme Court Justice.

By Ben Feuer

12 minute read

June 02, 2017 | The Recorder

Here are a few waiver, forfeiture and invited error traps that snagged trial lawyers in recent unpublished decisions from the California Court of Appeal.

By Ben Feuer, California Appellate Law Group

12 minute read

November 01, 2016 | The Recorder

If the nonlawyer on the street knows anything about the U.S. Court of Appeals for the Ninth Circuit, it's that it's very liberal and very activist. But after eight years of appointments by President Obama, it is no longer clear that reputation holds true.

By Ben Feuer

19 minute read

September 05, 2016 | National Law Journal

OPINION: If duplicated, billionaire's strategy could threaten an independent media.

By Ben Feuer

9 minute read