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

  • Southern Track and Pump, Inc. v. Terex Corp., et al. View PDF
    Third Circuit amicus brief arguing that state statute unconstitutionally took business's private property without due process of law or just compensation.
  • 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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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

  • Southern Track and Pump, Inc. v. Terex Corp., et al. View PDF
    Third Circuit amicus brief arguing that state statute unconstitutionally took business's private property without due process of law or just compensation.
  • Shell Oil Co. v. United States (2008) View PDF
    United States Supreme Court amicus brief arguing that “arranger” liability under CERCLA is limited by the statute’s plain language and legislative history to those who arrange for the disposal or treatment of “waste.”
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Class Actions

  • Chapala/All American Insurance Services, Inc. v. Superior Court (2013) View PDF
    Petition for writ of mandate arguing that the trial court erred in certifying classes by applying an incorrect legal standard in determining whether the classes were ascertainable.
  • Duran v. U.S. Bank National Association (2013) View PDF
    California Supreme Court amicus brief arguing that the use of statistical sampling to establish liability in a class action violates the defendant’s fundamental due process right to present defenses to liability.
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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

  • Lyle v. Warner Bros. Televisions Productions (2006) View PDF
    California Supreme Court amicus brief on behalf of MPAA and other amici addressing First Amendment limits on the liability that can be imposed against a studio for sexually explicit comments made by the writers of the television show “Friends.”
  • Warner Bros. v. Golden (2005) View PDF
    Ninth Circuit appellee’s brief arguing that Warner Bros. was entitled to terminate contract to provide programming to a cable network and recover unpaid fees.
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Federal Appellate Practice

  • Southern Track and Pump, Inc. v. Terex Corp., et al. View PDF
    Third Circuit amicus brief arguing that state statute unconstitutionally took business's private property without due process of law or just compensation.
  • 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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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

  • 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.
  • Ballester v. Superior Court (2011) View PDF
    Petition for review asking the California Supreme Court to overrule Colonial Life & Accident Ins. Co. v. Superior Court (1982) 31 Cal.3d 785 to the extent it permits discovery of private non-party information that is not directly relevant to pending litigation.
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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.
  • Mycogen v. Monsanto (1999) View PDF
    California Supreme Court brief asking the court to affirm Court of Appeal’s reversal of $175 million judgment against Monsanto in dispute over future profits from biotechnology.
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Labor & Employment Litigation

  • 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.
  • Iskanian v. CLS Transportation Los Angeles, LLC (2013) View PDF
    California Supreme Court amicus brief arguing that the Federal Arbitration Act preempts the following rule of California law: that arbitration procedures are invalid to the extent they fail to vindicate California statutory rights.
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Premises Liability

  • 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.
  • Saelzler v. Advanced Group 400 (2001) View PDF
    California Supreme Court amicus brief arguing that the plaintiff could not show that the failure to provide additional security guards was a substantial factor in causing her injuries; a speculative possibility that additional daytime security guards or functioning entrance gates might have prevented the assault on the plaintiff was insufficient to show causation.
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Pro Bono

  • Reed v. United Teachers Los Angeles (2012) View PDF
    California Court of Appeal amicus brief supporting settlement agreement that halted seniority-based layoffs in low performing schools.
  • Chavez v. City of Los Angeles (2009) View PDF
    California Supreme Court amicus brief on behalf of public interest organizations in dispute over availability of attorney fees in low-damage discrimination cases.
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Products Liability & Toxic Torts

  • 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.
  • Johnson v. American Standard (2008) View PDF
    California Supreme Court amicus brief arguing for adoption of the sophisticated user defense in California.
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Public Entity Liability

Punitive Damages

  • 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.
  • Simon v. San Paolo U.S. Holding Co., Inc. (2005) View PDF
    California Supreme Court amicus brief on behalf of the California Chamber of Commerce and others, arguing that an appellate court cannot affirm a punitive damages award based on an alleged “loss” that the Legislature has determined to be noncompensable.
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Real Property Litigation