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The California Appellate Law Podcast - The Lawyer Who Reversed the “Victory Bell” Case, with Brooke Bove

The Lawyer Who Reversed the “Victory Bell” Case, with Brooke Bove

The California Appellate Law Podcast

11/01/22 • 50 min

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If you were a lawyer drawing breath in summer 2022, you heard about the “victory bell” case. A prominent defense attorney, returning to base camp with a stunning victory after defensing a medical malpractice case, rang his firm’s victory bell and announced, the victim “was probably negligently killed, but we kind of made it look like other people did it.” The comment was captured on video, and the internet did its thing.

A common hot-take was that the video would undo the verdict. But many appellate attorneys scoffed: an attorney’s puff talk after trial, the cooler heads responded, is not a trial irregularity.

Enter Brooke Bove, who wrote the successful new-trial motion in Garcia v. Quraishi that got the judgment vacated. Brooke gives an insider look at trial, and why the defense attorneys reference to an empty chair particularly galled the trial judge.

Bove, an Army communications specialist before becoming an appellate attorney, shares her insights into the case and what is coming next, as well as top legal tips and strategies.

Brooke Bove’s biography and LinkedIn profile.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Tim Kowal’s Weekly Legal Update, or view his blog of recent cases.

Use this link to get a 25% lifetime discount on Casetext.

Other items discussed in the episode:

11/01/22 • 50 min

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The California Appellate Law Podcast - The Lawyer Who Reversed the “Victory Bell” Case, with Brooke Bove

Transcript

Brooke Bove 0:03
the decedent was probably negligently killed. But we made it look like other people did it, which to the Court confirmed that he was trying to make an empty chair argument.
Announcer 0:13
Welcome to the California appellate podcast, a discussion of timely trial tips and the latest cases and news coming from the California Court of Appeal, and the California Supreme Court. And now your hosts, Tim Kowal and Jeff Lewis. Welcome, every

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