# Appellate Oral Argument Strategy: How to Argue Clear Losers, Clear Winners, and Toss Ups

Page: https://stenobird.com/podcast/cles-you-actually-want-to-hear-7072333/appellate-oral-argument-strategy-how-to-argue-clear-losers-clear-winners-and-toss-ups
Text version: https://stenobird.com/podcast/cles-you-actually-want-to-hear-7072333/appellate-oral-argument-strategy-how-to-argue-clear-losers-clear-winners-and-toss-ups.md
Podcast: [CLEs You Actually Want to Hear](https://stenobird.com/podcast/cles-you-actually-want-to-hear-7072333)
Published: 2026-05-07T14:00:00+00:00
Episode link: https://rss.com/podcasts/cle-you-actually-want-to-hear/2751209
Audio file: https://content.rss.com/episodes/294811/2751209/cle-you-actually-want-to-hear/2026_04_20_23_42_33_c66d0abe-bdf0-4501-83c9-b874e0ed117a.mp3
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Duration seconds: 3568

## Resource

Reid Ehrlich and Jerry Flanagan of Shernoff Bidart Echeverria LLP will walk through how to approach appellate oral argument differently depending on the type of case you're arguing — whether it's a clear loser, a clear winner, or one that could go either way. Drawing on real examples from California Courts of Appeal, including cases like Musso & Frank Grill Co. v. Mitsui Sumitomo Ins. USA Inc. and Coast Restaurant Group v. Amguard Ins. Co., they will explain how tentative opinions signal which category your case falls into and how to calibrate your strategy accordingly. Attorneys will leave with a concrete framework for damage control in losing appeals, efficient presentation in winning ones, and how to stay nimble and persuasive when the outcome is genuinely uncertain.

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## Transcript

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