David M Axelrad

Work Highlights

People v. Conagra Grocery Products et al. (2017)

California Court of Appeal reversed a judgment concerning the application of public nuisance law to the promotion of consumer products

Hartford Casualty Ins. Co. v. J.R. Marketing, LLC (2015)

California Supreme Court held that insurers who pay excessive attorney fees to Cumis counsel are entitled to seek reimbursement directly from Cumis counsel itself, rather than from the insured

Lockheed Litigation (2015)

Multiple state court appeals and trial court consultation concerning admissibility of expert testimony in toxic tort litigation and sufficiency of evidence to support punitive damages; savings to clients of $760 million

Jankey v. Lee (2012)

California Supreme Court affirmed lower court decision concerning the availability of attorney fee awards in state disability rights litigation

Kibler v. Northern Inyo County Local Hospital District (2006)

California Supreme Court affirmed lower court decision extending the protection of California’s anti-SLAPP statute to hospital peer review proceedings

Advanced Bionics Corp. v. Medtronic, Inc. (2002)

California Supreme Court reversed lower court decision concerning judicial restraint and comity in the context of interstate anti-suit injunctions

J.C. Penney Casualty Ins. Co. v. M.K. (1991)

California Supreme Court clarified the law governing “willful acts” excluded from insurance coverage

Practice Areas

Civil appellate litigation

Career

David Axelrad advises clients, including numerous Fortune 500 companies, with the benefit of over 40 years specializing in civil appeals. He regularly counsels clients on toxic tort and personal injury cases, and guides clients through the process of preserving the record in the trial court, attacking judgments in the trial court through post trial motions, staying enforcement of judgments, and perfecting an appeal. David is also a leader in providing value added briefings and educational seminars to clients on a wide variety of topics, and writes extensively on topics related to the civil appellate process.

David is a partner at the firm, where he has practiced since 1982. He is a California State Bar Certified Appellate Specialist, and has handled hundreds of civil appeals in state and federal courts, including cases in the California Supreme Court. Prior to joining Horvitz & Levy, David was an Assistant to the Director of the Bureau of Consumer Protection, Federal Trade Commission in Washington, D.C. David also served as a Staff Attorney for the U.S. Court of Appeals for the Ninth Circuit. Mr. Axelrad has been an Adjunct Professor of Law at the University of La Verne College of Law and Loyola Law School in Los Angeles.

Professional Memberships

American Academy of Appellate Lawyers, Fellow

Association of Southern California Defense Counsel

California Academy of Appellate Lawyers, Member

Chancery Club

DRI, Board of Directors (2016-2019), Chair, Amicus Committee (2014-2016)

Los Angeles County Bar Association

California State Bar, Commission on Judicial Nominees Evaluation (2014-2017)

Association of Business Trial Lawyers, Board of Governors - Los Angeles (2012-2015)

Publications

When is a partial appeal bond sufficient? (March 20, 2023) Daily Journal

Shorter is better (February 15, 2023) Daily Journal

Contours of safe harbor defense continue to shift (July 22, 2022) Daily Journal

Appellate Review of the Failure to Exercise Discretion (April 21, 2022) Daily Journal

The 'Advisory Opinion' Doctrine of Our Appellate Courts (March 15, 2022) Daily Journal

Newly Discovered Evidence on Appeal: The Writ of Error Coram Vobis (Feb. 3, 2022) Daily Journal

The Effect of Reversal on Appeal (Nov. 19, 2021) Daily Journal

Judicial Notice (Sep. 20, 2021) Daily Journal

The Limits of the Appellate Process and Effective Storytelling (May 12, 2021) Daily Journal

The Importance of Judicial Economy (May 7, 2021) Daily Journal

Errors Relating to the Presence of a Jury (March 8, 2021) Daily Journal

The Disappearing "Ink" Signature (Fall 2020) ABTL Report

Staying Power 2.0 (July/August 2020) Los Angeles Lawyer

Post-Trial Motions Can Be Key To California Appeals (Dec. 7, 2016) Law360

The Supreme Court Vacancy And An Equally Divided Court (Oct. 21, 2016) Law360

The Defense Bar’s Voice in the U.S. Supreme Court (July 2016) For The Defense [DRI], p. 8

Appellate Counsel Can Have Key Role at Trial (Aug./Sept. 2015) Today's General Counsel, Vol. 12, No. 4, p. 60

Calif. Fixes Timing Problem for Post-Trial Motions (Jan. 8, 2015) Law360

Briefing Between Brevity and Boredom (Aug. 29, 2014) Daily J., p. 1

Did You Know? Appealability Depends on the Legislature (Summer 2014) ABTL Report, Vol. XXXIV, No. 4, p. 8

From Secrecy to Disclosure (Aug. 5, 2013) The Recorder

Regulatory Risk Assessment and Tort Liability (Vol. 1, 2013) Verdict, p. 30

Counselor, Are You Reading Your Oral Argument? (Jan. 24, 2014) Daily Journal, p. 7

The Certification Process (July 9, 2012) The Recorder [online exclusive]

The Conflict Over Medicare's 'Full Reimbursement' Rule (June & July 2012) Medical Malpractice Law & Strategy, Vol. 29, Nos. 9 & 10 [two-part article]

Sanchez v. Strickland and the Measure of Damages in California for Past Medical Expenses (Winter 2012) Legal Insights, p. 15

Limiting Windfall Damages (Feb. 2012) Medical Malpractice Law & Strategy, Vol. 29, No. 5, p. 1

Appellate Practice in Federal and State Courts (2011) Law Journal Press

The Supreme Court of California Rules on Santa Clara Contingency Fee Issue - Backpedals on Clancy (July 2011) IADC Defense Counsel Journal

Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, Oct. 2010) 2009 California Litigation Review

Suggestive Palma Notices (Nov. 2010) California Lawyer, 40

Annual Review (20th ed. Feb. 2010) [May take a few minutes to download; click Bookmarks to view table of contents]

A Conversation on the Appellate Process (Nov. 2009) 51 For the Defense 26

Staying Enforcement During Appeal (May 2009 Cont.Ed.Bar) Cal. Civil Appellate Practice, ch. 6

Tort Reform Damage Caps in California, and Beyond (Apr. 2009) Medical Malpractice Law & Strategy, Vol. 28, No. 7, p. 5

The Constitutionality of Tort Reform Damage Caps (Mar. 2009) Medical Malpractice Law & Strategy, Vol. 27, No. 6, p. 1

Staying Enforcement of A Money Judgment Pending Appeal: An Overview (Aug. 2008) IADC Appellate Practice Committee Newsletter

Lack of Informed Consent vs. Battery: Stepping In for the Defense (Apr. 2008) Medical Malpractice Law & Strategy, Vol. 25, No. 7, p. 1

Lack of Informed Consent vs. Battery: Keeping the Two Straight (Mar. 2008) Medical Malpractice Law & Strategy, Vol. 25, No. 6, p. 1

Pay Judges More (Jan. 14, 2008) Los Angeles Times

Increasing Pay for Federal Judges (Dec. 28, 2007) Lawdragon.com

Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, July 2008) 2007 California Litigation Review

Anti-SLAPP Statutes and Peer Review (Nov. 2006) Medical Malpractice Law & Strategy, Vo. 24, No. 2A, p. 7

Justices Will Give Guidance on Excluding Expert Testimony (Aug. 23, 2006) L.A. Daily J. p. 8

It's About Time Federal Judges Got a Living Wage (July 31, 2006) L.A. Daily J., p. 8

The Abiding Appeal of the Concept of Legislative Due Process (April 2006) 29 Los Angeles Lawyer, p. 92

Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, June 2007) 2006 California Litigation Review

Why California's Anti-SLAPP Statute Should Apply to Peer Review (Nov. 2005) Medical Malpractice Law & Strategy, Vol. 23, No. 11, p. 1

New Standards for Expert Testimony (July 2005) California Lawyer

The Statutory Framework for Appeal Bonds (June 2005) Los Angeles Lawyer

The Appellate Process: Preserving A Case for Appeal (A.B.A. Torts & Ins. Prac. Sec., Appellate Advoc. Com., Chicago, Ill.) (Summer 2005) Vol. 7, No. 4

Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, July 2006) 2005 California Litigation Review

Problematic New Civil Jury Instructions (May 2004) California Lawyer, 20

CA Court Excludes Medical Expert Causation Testimony (Apr. 2004) Medical Malpractice Law & Strategy, Vol. 21, No. 6, p. 1

Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, Sept. 2005) 2004 California Litigation Review

Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, Nov. 2004) 2003 California Litigation Review

California's "Little FTC Act": Benefitting Consumers, or Lawyers? (Dec. 4, 1998) Wash. Legal Found. Legal Backgrounder, Vol. 13, No. 46

California Supreme Court Review (1988) Cal. Forms of Pleading and Practice, ch. 54

The Federal General Verdict Rule: Conflict in the Courts of Appeal (June 1996) The Federal Lawyer

Staying Power (Nov. 1995) Los Angeles Lawyer

Insurance Coverage for "Wilful Acts": Clarifying Clemmer (Sept. 1991) L.A. Lawyer

Education

Awards