Email address
[email protected]Contact number
818.995.0800Share profile
Senior Statespeople
Provided by David M Axelrad
Civil appellate litigation
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.
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)
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
Provided by Chambers
David Axelrad is a highly regarded appellate practitioner and a veteran of the state courts of appeal, with particular expertise in toxic tort and personal injury matters.
Provided by Chambers
"He's not just smart and responsive, but kind and helpful."
"He's not just smart and responsive, but kind and helpful."
