| Procedural issues create many traps for the unwary: Irregularities in trial court proceedings or ambiguous verdicts may require a new trial; failing to raise an objection in the trial court can foreclose appellate review of an issue; a settlement that purports to preserve the right to appeal can moot the appeal. The list goes on and on. We are experienced in spotting procedural defects and navigating nuances that can be dispositive on appeal. For that reason, trial counsel and clients often consult with us as a case progresses, in order to maximize their chances of success in an eventual appeal. We’ve also gotten appeals dismissed, revived litigation that should not have been dismissed, and successfully developed arguments for affirmance or reversal, all based on procedural issues. |
Representative cases are highlighted below. Click on red case names for more information, including our briefs and the court's opinion. For a complete list of cases in this practice area, click on the "All Cases" link in the sidebar.
Stoltenberg v. Ampton Investments (2013) 215 Cal.App.4th 161
Deciding an issue of first impression in a published decision, the Court of Appeal grants GMSR’s motion to dismiss the defendants’ appeal from an $8.5 million fraud judgment under the “disentitlement doctrine”
Marc J. Poster
Fireman’s Fund Insurance Co. v. Superior Court (2011) 196 Cal. App. 4th 1263 (amicus)
Court of Appeal confirms broad scope of attorney-client and work product protection
Robin Meadow
, Robert A. Olson
, Cynthia E. Tobisman
, Jeffrey E. Raskin
Jasmine Networks, Inc v. Superior Court (2009) 180 Cal.App.4th 980
Former trade secrets owner had standing to assert trade secret misappropriation claim
Robin Meadow
, Marc J. Poster
, Alana H. Rotter
Larner v. Pacific Health Corp. (2008) 168 Cal.App.4th 1291
Plaintiff’s settlement mooted her appeal from order denying class certification in wage and hour suit
Robert A. Olson
, Alana H. Rotter
OCM Principal Opportunities Fund v. CIBC World Markets Corp. (2007) 157 Cal. App.4th 835
Interpretation of allegedly ambiguous jury verdict
Irving H. Greines
, Marc J. Poster
Davis v. Yageo Corp. (9th Cir. 2007) 481 F.3d 661
Preemption of state-law claims by Bankruptcy Code; res judicata; standing
Robin Meadow
, Alison M. Turner
, Cynthia E. Tobisman
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