Federal appellate litigation requires strict adherence to many technical requirements imposed by federal rules and procedures. We will guide your federal appeal to avoid these pitfalls. We know how federal appellate courts function and what approaches persuade judges—more than half of our attorneys have clerked for federal appellate judges in six different circuit courts across the nation.
Our work spans the entire federal appellate process: we consult with clients during and after trial to preserve key issues for appeal; we assist them in staying the enforcement of judgments and preparing post-trial motions; we prepare appellate briefs and present oral argument in the circuit courts; and we assist clients in seeking and opposing review, and in filing briefs in the Supreme Court. Our expertise is substantial. We have argued in 10 of the 13 circuit courts in cases presenting an array of constitutional, statutory, and common law issues. Peder K. Batalden is the co-author of the leading treatise on Ninth Circuit Practice, the Rutter Group’s Ninth Circuit Civil Appellate Practice, and partner John F. Querio served as an editor. Some of our most recent Ninth Circuit appeals have involved class actions, insurance law, intellectual property, products liability, punitive damages, and unfair competition.
Contact Peder K. Batalden or Jeremy B. Rosen for more information about our Federal Appellate Practice.
Garcia v. GEICO
Ninth Circuit affirms summary judgment for insurer in bad faith action based on insurer’s decision not to accept policy limits settlement offer that would have released only one of two insureds.
Read MoreAlways Smiling Productions, LLC v. Chubb National Insurance Company
Ninth Circuit affirms judgment for insurer in $35 million COVID-19 business interruption coverage dispute concerning production of the Apple TV+ series The Morning Show.
Read MoreJones v. Ford
Ninth Circuit holds plaintiffs lack viable privacy claims based on using the infotainment system in their Ford vehicle.
Read MoreIn re: John Kirkland v. USBC, Los Angeles
Ninth Circuit rules that a geographical limitation on subpoena powers applies to remote appearances.
Read MoreSanchez v. Ghost Management Group
Ninth Circuit affirms dismissal of trademark infringement action.
Read MoreCoston v. Nangalama
Ninth Circuit orders a new trial on prisoner’s Eighth Amendment claim for denial of medical care
Read MoreShorter v. Baca
Ninth Circuit holds that former jail inmate is entitled to judgment as a matter of law on her excessive search and inadequate sanitation claims
Read MoreOak Park Unified School District v. Philadelphia Indemnity Insurance Co.
Ninth Circuit affirms summary judgment for Horvitz & Levy’s client in insurance bad faith action
Read MoreSernas v. Cantrell
Ninth Circuit reverses district court’s dismissal of prisoner’s civil rights claim
Read MoreJack v. DCo, LLC
Ninth Circuit holds Ford did not cause decedent’s death by failing to supply a post-sale warning about asbestos
Read MoreHardesty v. Sacramento County
Horvitz & Levy persuades Ninth Circuit to vacate $105 million verdict against Sacramento County in constitutional challenge to the County’s enforcement of mining regulations
Read MoreRiley v. Kernan
Ninth Circuit reinstates prisoner’s civil rights lawsuit on religious liberty grounds
Read MoreEstate of Morad v. City of Long Beach
Ninth Circuit affirms judgment for City of Long Beach, police chief, and police officer in excessive force case
Read MoreCarr v. AutoNation
Ninth Circuit affirms dismissal of trade secrets action against Horvitz & Levy's client
Read MoreCity of San Juan Capistrano v. Cal. Public Utilities Comm'n
Representing amicus curiae San Diego Gas & Electric (Sempra), Horvitz & Levy persuades Ninth Circuit to affirm the dismissal of an action seeking to derail Sempra’s construction project.
Read MoreMichery v. Ford
Horvitz & Levy obtains affirmance of jury verdict finding Ford’s 1999 Expedition was not defectively designed.
Read MorePhiladelphia Indemnity Insurance Company v. Sabal Insurance Group
Eleventh Circuit affirms summary judgment for insurer in coverage claim for amounts paid to resolve criminal grand theft charges
Read MoreInsurance Co. of the State of Pennsylvania v. County of San Bernardino
Ninth Circuit affirms favorable judgment for insurer in high-stakes coverage dispute over the stacking of policy limits.
Read MoreKlune v. Palo Verde Health Care District
Ninth Circuit rejects hospital executive's claims in lawsuit against former employer.
Read MoreSan Diego Comic Convention v. Dan Farr Productions
Ninth Circuit saves defendants from financial ruin by staying enforcement of trademark infringement injunction and $4 million judgment pending appeal.
Read MoreByrd v. Phoenix Police Dep't
Ninth Circuit reverses dismissal of prisoner's civil rights claims.
Read MorePSM Holding Corp. v. Nat'l Farm Fin. Corp.
Ninth Circuit rules on consequences of enforcing a money judgment pending appeal.
Read MoreBamberger v. National Union Fire Ins. Co., et al.
Ninth Circuit rules for insurer in bad faith and coverage action.
Read MoreRoyal Alliance Associates, Inc. v. Mooney et al.
Ninth Circuit reverses order requiring securities broker/dealer to submit to FINRA arbitration
Read MoreNance v. Miser
Ninth Circuit reverses dismissal of Muslim prisoner's religious liberty claims
Read MoreProBuilders Specialty Insurance Company, RRG v. Valley Corp B.
Ninth Circuit affirms partial district court judgment in favor of Insurer based on proper jury instructions
Read MoreOchoa-Valenzuela v. Ford Motor Company
Ninth Circuit affirms defense verdict in a products liability action arising from a single-vehicle rollover accident
Read MoreEdwards v. Ford Motor Company
Ninth Circuit affirms district court decision that consumer expectations test for product defect does not apply to roof strength in a rollover accident
Read MoreMonje v. Spin Master Inc.
Ninth Circuit affirms trial court’s rulings striking punitive damages and excluding speculative expert toxicological causation opinions in product liability case involving children’s toy
Read MoreArmstrong v. Kaplon
Ninth Circuit reaffirms that criminal restitution orders are not dischargeable in bankruptcy
Read MoreByrd v. Maricopa County Board of Supervisors
Ninth Circuit reverses dismissal of prisoner civil rights claims
Read MoreGarity v. APWU National Labor Organization
Ninth Circuit reverses dismissal of ADA lawsuit against union
Read MoreHarbor Missionary Church Corporation v. City of San Buenaventura
Ninth Circuit reverses denial of preliminary injunction to permit church to keep homeless ministry open
Read MoreMilhouse v. Travelers Commercial Ins. Co.
Ninth Circuit rules in favor of insurer in dispute over payment of benefits for home destroyed in wildfire
Read MoreBig 5 Sporting Goods Corp. v. Zurich American Insurance Co. and Hartford Fire Insurance Co.
Ninth Circuit holds that insurer owes no duty to defend policyholder against consumer class actions
Read MoreTransbay Auto Service, Inc. v. Chevron USA, Inc.
Ninth Circuit reverses judgment under Petroleum Marketing Practices Act.
Read MoreEscobedo v. Apple American Group
Ninth Circuit issues published opinion for pro bono client, clarifies rules for indigent litigants.
Read MoreFalcon v. Farley
Ninth Circuit reverses summary judgment against pro bono client in First Amendment Case.
Read MoreFoli v. Metropolitan Water District of Southern California
Ninth Circuit rejects challenge to water district's fluoridation program.
Read MoreIntransit, Inc. v. Travelers Property & Casualty Co.
Ninth Circuit reverses judgment against insurer, finding that district court misapplied Oregon principles of policy interpretation.
Read MoreGonzales v. California Department of Corrections
Ninth Circuit Court of Appeals reverses dismissal of civil rights claims.
Read MoreJimenez v. Holder
United States government dismisses removal proceedings against immigrant family.
Read MoreHeston v. Taser
Ninth Circuit affirms district court’s reduction of damages award and orders further reduction, leaving defendant responsible for only $150,000 of original $7.6 million award.
Read MoreCuviello v. City of Oakland
Ninth Circuit affirms injunction, finding that restrictions on protests at Oracle Arena are consistent with the First Amendment.
Read MorePSM Holding Corp. v. National Farm Financial Corp.
Ninth Circuit reverses $43 million judgment in contract dispute.
Read MoreOmega S.A. v. Costco Wholesale Corp.
Ninth Circuit holds that “first sale doctrine” does not provide a defense to an infringement action involving foreign-made, nonpiratical copies of a copyrighted work.
Read MoreNorthrop Grumman Corp. v. Factory Mut. Ins. Co.
Ninth Circuit rules for insurer in dispute over insurance coverage for $1 billion in storm surge flood damage caused by Hurricane Katrina.
Read MoreViking River v. Moriana
United States Supreme Court amicus brief arguing that the Federal Arbitration Act preempts California's Iskanian rule, which prevents arbitration of representative claims under California's Private Attorneys General Act.
Read MoreSan Diego Comic Convention v. Dan Farr Productions
Ninth Circuit motion to stay enforcement of trademark infringement judgment, arguing that multi-million dollar award is unlikely to survive appeal.
Read MoreKrakauer v. Dish Network, LLC
Fourth Circuit amicus brief arguing that lawsuits cannot be certified for class treatment if the proposed class includes uninjured members and that class action judgments cannot afford relief to uninjured members.
Read MoreShinedling v. Sunbeam Products, Inc.
Ninth Circuit brief arguing that manufacturer's warnings about risk of fire on portable radiant space heater were adequate as a matter of law.
Read MoreHoang v. Amazon.com, Inc.
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.
Read MoreTransbay Auto Service, Inc. v. Chevron USA, Inc.
Ninth Circuit opening brief arguing that trial court committed evidentiary error in case arising under the Petroleum Marketing Practices Act.
Read MoreBixby v. KBR, Inc.
Ninth Circuit amicus brief arguing that punitive damages cannot be imposed under state law to regulate conduct in a foreign nation.
Read MoreOmega S.A. v. Costco Wholesale Corp.
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.
Read MoreFarmers Insurance Co. of Washington v. Moratti
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.
Read MoreColeman v. Tri-City
Petition asking Ninth Circuit to hear interlocutory appeal of ruling on attorney-client privilege.
Read MorePacific Operators v. Valladolid
Petition for certiorari asking the U.S. Supreme Court to resolve a circuit split on whether the Outer Continental Shelf Lands Act's extension of the Longshore and Harbor Workers' Compensation Act to outer continental shelf workers applies to injuries on land. (Cert. granted 2/22/11.)
Read MoreShell Oil Co. v. United States
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."
Read MoreJ.R. Simplot v. Chevron Pipeline Co.
Tenth Circuit brief arguing that, under the Seventh Amendment, Chevron was deprived of a jury trial when the district court fixed awards of attorney fees and costs as compensatory damages.
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