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Appellate Practice

Aug. 6, 2015

Be aggressively reasonable in your briefs

Most litigators have no trouble being aggressive. But they think being reasonable is the opposite of being aggressive. It isn't. You can do both. And doing both pays off: It helps you win.

Myron Moskovitz

Legal Director
Moskovitz Appellate Team

90 Crocker Ave
Piedmont , CA 94611-3823

Phone: (510) 384-0354

Email: myronmoskovitz@gmail.com

UC Berkeley SOL Boalt Hal

Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.

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MOSKOVITZ ON APPEALS

Most litigators have no trouble being aggressive. But they think being reasonable is the opposite of being aggressive. It isn't. You can do both. And doing both pays off: It helps you win.

Here's a case where it paid off. Plaintiff owned a home near several college fraternities. The fraternities regularly hosted weekend parties t...

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