Appellate & Writ Practice

Downey Brand’s appellate and writ practitioners handle appeals in both state and federal courts, and in numerous practice areas from environmental to intellectual property, construction to healthcare, and employment to real estate.

We are equally adept at handling appeals where we have been extensively involved in the trial court proceedings as we are at stepping in as appellate counsel to defend judgments obtained and seek reversal of unjust results in the trial court.  When appropriate, we match experts in the substantive law with appellate specialists to handle the appeal in the manner which gives our client the greatest probability to prevail. 

Experience

  • After defeating a motion to dismiss brought by union seeking to preclude Downey Brand’s client from going forward with his claims for defamation and intentional infliction of emotional distress based on union’s distribution of flyers in client’s neighborhood, Downey Brand successfully defeated union’s appeal.  In a published opinion, Third District Court of Appeal agreed with Downey Brand’s argument that union’s distribution of flyers was not constitutionally-protected activity, and upheld trial court’s denial of union’s motion to dismiss client’s claims under California’s Strategic Litigation Against Public Participation (“anti-SLAPP”) statute.  Downey Brand’s victory in the appellate court allowed client to go forward on the merits of his claims against the union.  Price v. OE3 195 Cal.App.4th 962 (2011).
  • After obtaining judgment in construction defect case against builder of client’s home at the conclusion of seven day jury trial, Downey Brand not only successfully defended the client’s judgment from attack by builder on appeal, but also obtained rarely-awarded sanctions against builder and its attorney for prosecuting a frivolous appeal.
  • In litigation involving significant corporate practice of medicine, anti-trust, and Section 17200 claims against major Northern California hospital, Downey Brand obtained reversal from the California Court of Appeal, Third Appellate District of summary judgment entered against its client, a medical group practicing at the hospital.  Remand of the action back to Butte County Superior Court for a jury trial caused an almost immediate, favorable settlement for Downey Brand’s client.
  • As litigation counsel for property developer sued by adjoining landowner for actions related to pursuit of development entitlements from County of Placer, Downey Brand obtained dismissal of suit in its entirety at outset of case under California’s Strategic Litigation Against Public Participation (“anti-SLAPP”) statute, based on client’s constitutional free speech and public participation rights.  Dismissal was affirmed by the California Court of Appeal, Third Appellate District.
  • After obtaining dismissal of claims based on alleged groundwater contamination caused by client’s dry cleaning operations, Downey Brand represented client in five separate appeals brought by the City of Lodi, in both the Third District Court of Appeal and Ninth Circuit.  The state and federal appellate courts struck down several provisions of ordinance enacted by the City which sought to change liability standards, burdens of proof and enforcement authority allowed by current state and federal hazardous waste laws including the California Hazardous Substances Account Act and the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). 

Selected Experience
  • After defeating a motion to dismiss brought by union seeking to preclude Downey Brand’s client from going forward with his claims for defamation and intentional infliction of emotional distress based on union’s distribution of flyers in client’s neighborhood, Downey Brand successfully defeated union’s appeal.  In a published opinion, Third District Court of Appeal agreed with Downey Brand’s argument that union’s distribution of flyers was not constitutionally-protected activity, and upheld trial court’s denial of union’s motion to dismiss client’s claims under California’s Strategic Litigation Against Public Participation (“anti-SLAPP”) statute.  Downey Brand’s victory in the appellate court allowed client to go forward on the merits of his claims against the union.  Price v. OE3 195 Cal.App.4th 962 (2011).
  • After obtaining judgment in construction defect case against builder of client’s home at the conclusion of seven day jury trial, Downey Brand not only successfully defended the client’s judgment from attack by builder on appeal, but also obtained rarely-awarded sanctions against builder and its attorney for prosecuting a frivolous appeal.
  • In litigation involving significant corporate practice of medicine, anti-trust, and Section 17200 claims against major Northern California hospital, Downey Brand obtained reversal from the California Court of Appeal, Third Appellate District of summary judgment entered against its client, a medical group practicing at the hospital.  Remand of the action back to Butte County Superior Court for a jury trial caused an almost immediate, favorable settlement for Downey Brand’s client.

The Downey Brand Story

With deep experience in our clients' industries, Downey Brand provides the vision and coverage you need.

Advancing your interests