『Juli Porto on Why Error Preservation Can Kill an Appeal Before It Starts,』のカバーアート

Juli Porto on Why Error Preservation Can Kill an Appeal Before It Starts,

Juli Porto on Why Error Preservation Can Kill an Appeal Before It Starts,

無料で聴く

ポッドキャストの詳細を見る
What happens when an Army brat who moved every three years, played soccer for the Black Knights at West Point, met her husband while they were both JAG attorneys at Guantanamo Bay, clerked for a Virginia Court of Appeals judge, and then built a practice that sits at the exact intersection of personal injury trial work and appellate law — where being a better trial attorney makes you a better appellate attorney and being a better appellate attorney makes you a better trial attorney? In this episode of the Trustcast Show, Zane Myers speaks with Juli Porto, appellate and personal injury attorney at Blankingship and Keith, about the single most common reason appeals fail before they even start — error was never properly preserved at trial — and why an objection that is timely but makes the wrong argument is just as fatal as no objection at all because you have to give the judge the specific opportunity to correct themselves before the appellate court will review it. Juli explains why she has to ask every trial attorney who brings her a fresh appeal the same first question: can I even help you? She also walks through what good trial attorneys should be doing throughout the entire litigation — not just at verdict — to ensure the case is set up for appeal if needed. They also discuss why an Uber or Lyft accident is so much more complicated than a standard crash and why respondeat superior liability is still an unsettled issue across the United States, how she helped preserve a $10 million gift of stock as separate property in a divorce appeal by showing the trial judge had sufficient evidence to find it was truly a gift, her role as appellate counsel on the $9 million UVA shooting settlement, the ride-hail sexual assault case where the driver was not criminally prosecuted but she combed through the civil evidence and got past a demur when no one else had taken the time to look, why the other side's insurance company calling you right after a crash to settle fast is good for them and bad for you, and why missing the 30-day notice of appeal deadline in Virginia by even one day requires an emergency motion before the appellate court. Juli Porto is an appellate and personal injury attorney at Blankingship and Keith in Fairfax, Virginia, taking appellate consultations and referrals from trial attorneys at other firms as well as handling her own PI cases. Connect with Juli Porto: Email: jporto@bklawva.com Direct line: 571-789-0877 bklawva.com Fairfax, Virginia Chapters 00:00 Introduction to Juli Porto 00:38 Growing up as an Army brat, West Point, soccer for the Black Knights, and what constant moving taught her about understanding people 01:09 Clerking for Judge Rousey Alston at the Virginia Court of Appeals and meeting her husband at Guantanamo Bay 01:58 Appellate practice explained — not just after trial but consulting during trial to set up the record 03:33 Consulting with other attorneys during litigation — preserving error, making the right arguments 04:37 Personal injury trials as the bread and butter at trial level 04:55 Someone just got badly hurt in a crash — the first three things to do in the next 48 hours 06:25 The insurance company calls right after the accident and promises to settle fast — what to tell them 07:20 Your medical case can't get ahead of your legal case — why the timeline is longer than they want you to think 08:34 The client who already signed forms and turned over records — how badly did they damage their case 10:13 Withdrawing all authorizations as the first move when getting involved after the client spoke to the insurer 11:08 Hit by an Uber driver — why that case is far more complicated than a regular crash 11:16 Respondeat superior and why the employer versus independent contractor question is unsettled nationwide 12:55 When it makes sense to go after just the driver's insurance instead of fighting Uber 14:16 How you set up a personal injury case to successfully appeal it 15:09 The most common problem when trial attorneys bring her a fresh appeal — error was never preserved 15:40 How to preserve error — timely and specific objection giving the judge the chance to fix it 16:51 When error was not preserved — post-trial motions and whether they can save the appeal 17:46 Sometimes the judge just says you are right and fixes it — and the appeal becomes unnecessary 18:26 Ineffective assistance of counsel on the civil side — why that is not something you can fix on direct appeal 19:52 New evidence on appeal — what after-discovered evidence actually requires and why it is rarely available on the civil side 21:02 Hidden discovery and fraud on the court — how that gets handled on an indirect appeal 22:04 The other side is appealing my win — what does that mean for my money and my life right now #JuliPorto #BlankingshipAndKeith #TrustcastShow #AppellateLaw #VirginiaAppealAttorney #PersonalInjuryAppeal #ErrorPreservation #UberLyftAccident #...
adbl_web_anon_alc_button_suppression_t1
まだレビューはありません