X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Sarah Hofstadter of California Appellate Law Group. Sarah Hofstadter of California Appellate Law Group.

Imagine yourself in the following scenario. You represent the plaintiff in a case alleging breach of contract and unfair competition. Shortly before the case is scheduled to go to trial, the defendant files a motion on the pleadings to dismiss the contract claim, arguing that the contract is void under the statute of frauds. The trial court grants the motion, but you are sure the ruling is wrong. Technically, you could still go to trial and prevail on your unfair competition claim, but the contract claim is the basis for most of the damages, and both claims rest on essentially the same evidence. It just doesn’t make economic sense to try the unfair competition claim on its own now, while waiting to litigate the contract claim until after you get the trial court’s ruling reversed on appeal. What can you do? Is there a way to get appellate review of the trial court’s ruling right away?

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

Lean Adviser Legal

Think Lean Daily Message

"Sequencing then, is everything. The four stages of Lean Law, which were borrowed from Strategic Management, are set out in the same order. This is not accidental. As with anything strategic in origin, there is a logic for everything. We are going to apply these four stages, Plan, Execute, Monitor and Improve"

Learn More

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.