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Representative Briefs

In appellate practice, cases are decided primarily based on written briefs.  With over thirty lawyers focusing exclusively on appeals, Horvitz & Levy LLP writes hundreds of briefs every year.  Below are just a few examples of briefs we have filed on behalf of our clients in each of our major practice areas.

Amicus Support and Shaping the Law

  • Madrigal v. Allstate Indemnity Company (2016) View PDF
    Amicus curiae brief on behalf of insurance trade associations addressing whether an insurer can be held liable for bad faith under a “duty to settle” theory when the insurer offers policy limits within a reasonable period of time, even if shortly after an artificial deadline imposed by a third-party claimant.
  • Exxon Mobil Corp. v. State of New Hampshire (2016) View PDF
    United States Supreme Court brief arguing that the United States Constitution’s Due Process Clause prohibits Trial by Formula in state court representative actions.
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Anti-SLAPP Motions & Appeals

  • Malin v. Singer (2012) View PDF
    Appellants’ opening brief arguing that a pre-lawsuit demand letter on behalf of a client is protected by the First Amendment and the litigation privilege.
  • Henriks v. State Farm (2009) View PDF
    Respondent’s brief seeking affirmance of order granting anti-SLAPP motion in a lawsuit where plaintiff sought to hold insurer vicariously liable for allegedly improper actions taken by a private investigator hired by insurance defense counsel.
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Business & Commercial Law

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Class Actions

  • Exxon Mobil Corp. v. State of New Hampshire (2016) View PDF
    United States Supreme Court brief arguing that the United States Constitution’s Due Process Clause prohibits Trial by Formula in state court representative actions.
  • Augustus v. ABM Security Services, Inc. (2015) View PDF
    California Supreme Court brief arguing that on-call rest breaks comply with California law, as confirmed by the administrative and legislative history of Wage Orders promulgated by the Industrial Welfare Commission and relevant Labor Code provisions.
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Consumer Law

  • Sanchez v. Valencia Holding Co., LLC (2012)  View PDF
    California Supreme Court amicus brief arguing that the Federal Arbitration Act preempts California unconscionability standard that invalidates arbitration procedures to the extent they unduly favor one party over the other, and that in any event such arbitration procedures are not unconscionable under state law because they do not shock the conscience.
  • Nelson v. Pearson Ford (2010) View PDF
    California appellate brief explaining construction of the Auto Sales Finance Act and Unfair Competition Law; challenging a judgment in favor of class action plaintiffs who claimed that aspects of an auto dealer’s purchase contracts constituted statutory violations that allowed buyers to both keep possession of their cars and obtain a windfall refund of the purchase payments for the cars.
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Entertainment Law

  • Hoang v. Amazon.com, Inc. (2013)  View PDF
    Ninth Circuit appellant’s opening brief arguing that actress did not receive fair trial in suit against IMDb.com for breaching its privacy agreement by using the actress’s credit card information to research her age and publish it on the internet.
  • Lyle v. Warner Brothers Television Productions (2006) View PDF
    California Supreme Court amicus brief arguing that the First Amendment limits liability for sexually explicit comments in the workplace.
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Federal Appellate Practice

  • Shinedling v. Sunbeam Products, Inc. (2016) View PDF
    Ninth Circuit brief arguing that manufacturer’s warnings about risk of fire on portable radiant space heater were adequate as a matter of law.
  • Hoang v. Amazon.com, Inc. (2013)  View PDF
    Ninth Circuit appellant’s opening brief arguing that actress did not receive fair trial in suit against IMDb.com for breaching its privacy agreement by using the actress’s credit card information to research her age and publish it on the internet.
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First Amendment

  • Hebrew Academy v. Goldman (2007) View PDF
    California Supreme Court amicus brief on behalf of numerous library, history and publishing organizations that resulted in an opinion holding that the single publication rule applies to written publications with “an extremely limited distribution” to bar a defamation claim on statute of limitations grounds.
  • Tory v. Cochran (2005) View PDF
    United States Supreme Court amicus brief arguing that an injunctive remedy entered by the trial court after a defamation finding was overbroad and therefore unconstitutional.
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Healthcare Litigation

  • Van Buren v. Evans (2008) View PDF
    Amicus brief in the California Court of Appeal, defending the $250,000 limit on noneconomic damages in the Medical Injury Compensation Reform Act (MICRA) against new constitutional attacks.
  • Lathrop v. Healthcare Partners Medical Group (2004) View PDF
    California Court of Appeal brief arguing that MICRA’s limit on recovery of non-economic damages applies to a medical group’s liability.
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Insurance Litigation

  • Madrigal v. Allstate Indemnity Company (2016) View PDF
    Amicus curiae brief on behalf of insurance trade associations addressing whether an insurer can be held liable for bad faith under a “duty to settle” theory when the insurer offers policy limits within a reasonable period of time, even if shortly after an artificial deadline imposed by a third-party claimant.
  • Farmers Insurance Co. of Washington v. Moratti (2012) View PDF
    United States Supreme Court amicus brief arguing that “covenant judgments” between insurance policyholders and third-party tort claimants are inherently collusive, and that Washington courts violate due process by conclusively presuming that the amounts of such judgments are the measure of damages in subsequent bad faith actions against insurers.
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Intellectual Property

  • Omega S.A. v. Costco Wholesale Corp. (2012) View PDF
    Ninth Circuit brief arguing that designer of luxury watches did not misuse its copyright in an artistic design by enforcing the exclusive rights conferred by that copyright to control the distribution of the copyrighted design as engraved on its watches.
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Labor & Employment Litigation

  • Dynamex Operations West, Inc. v. Superior Court (2015) View PDF
    California Supreme Court brief arguing that if the Industrial Welfare Commission wage order definitions of “employer” govern whether workers are employees rather than independent contractors, those definitions are not meaningfully different from the common law test for making that determination.
  • Sonic-Calabasas A, Inc. v. Moreno (2014) View PDF
    U.S. Supreme Court amicus brief arguing that Federal Arbitration Act prohibits courts from refusing to enforce arbitration agreements based on a concern for the vindication of state statutory rights.
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Premises Liability

  • 24 Hour Fitness USA, Inc. v. Superior Court (2016) View PDF
    Petition for writ of mandate successfully arguing that a fitness center’s liability release barred plaintiffs’ claim for ordinary negligence, and that the fitness center’s failure to dial 911 sooner did not constitute gross negligence as a matter of law.
  • Laico v. Chevron, U.S.A., Inc. (2004) View PDF
    Appellant’s opening brief arguing a property owner was not liable for injuries caused by chemicals on premises leased by plaintiff’s employer from landowner, where landowner had no knowledge of dangerous condition and exercised no control over leased premises.
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Pro Bono

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Products Liability & Toxic Torts

  • Shinedling v. Sunbeam Products, Inc. (2016) View PDF
    Ninth Circuit brief arguing that manufacturer’s warnings about risk of fire on portable radiant space heater were adequate as a matter of law.
  • O'Neil v. Crane Co. (2010) View PDF
    California Supreme Court brief arguing that a defendant cannot be liable for injuries caused by a product it did not manufacture or distribute.
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Professional Responsibility and Liability

  • Martin v. Inland Empire Utilities Agency (2013) View PDF
    Appellant’s opening brief successfully arguing that opposing counsel should be disqualified for excessively reviewing privileged attorney-client communications and using them during discovery, in violation of the California Supreme Court decision in Rico v. Mitsubishi Motors Corp. (2007) 42 Cal.4th 807.
  • Beal Bank v. Arter & Hadden (2007) View PDF
    California Supreme Court brief arguing against tolling of statute of limitations for attorney malpractice claim.
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Public Entity Liability

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Punitive Damages

  • Maddox v. Nissan Motor Company, Ltd. et al. (2014) View PDF
    Kentucky Supreme Court brief arguing that punitive damages should not be permitted, as a general rule, against product manufacturers who comply with all applicable government safety requirements.
  • Bixby v. KBR, Inc. (2013) View PDF
    Ninth Circuit amicus brief arguing that punitive damages cannot be imposed under state law to regulate conduct in a foreign nation.
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Real Property Litigation

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