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Advocacy at a Higher Level

Horvitz & Levy is a solutions-based firm focused on appellate success. We are distinguished by our commitment to responsive service and on-going innovation in the areas of civil appellate litigation, amicus curiae support, and trial strategy consultation.

Our firm history, honors and awards, and locations speak to our collaborative approach and commitment to serving clients as well as the outstanding legal resources we bring to bear.

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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.  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.

Philadelphia 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

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Insurance 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.

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Klune v. Palo Verde Health Care District

Ninth Circuit rejects hospital executive's claims in lawsuit against former employer.

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San 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.

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Byrd v. Phoenix Police Dep't

Ninth Circuit reverses dismissal of prisoner's civil rights claims.

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PSM Holding Corp. v. Nat'l Farm Fin. Corp.

Ninth Circuit rules on consequences of enforcing a money judgment pending appeal.

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Bamberger v. National Union Fire Ins. Co., et al.

Ninth Circuit rules for insurer in bad faith and coverage action.

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Royal Alliance Associates, Inc. v. Mooney et al.

Ninth Circuit reverses order requiring securities broker/dealer to submit to FINRA arbitration.

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Nance v. Miser

Ninth Circuit reverses dismissal of Muslim prisoner's religious liberty claims.

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ProBuilders Specialty Insurance Company, RRG v. Valley Corp B.

Ninth Circuit affirms partial district court judgment in favor of Insurer based on proper jury instructions.

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Hahn v. Waddington

Ninth Circuit reverses dismissal of prisoner’s civil rights claims.

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Ochoa-Valenzuela v. Ford Motor Company

Ninth Circuit affirms defense verdict in a products liability action arising from a single-vehicle rollover accident.

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Edwards 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.

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Monje 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.

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Armstrong v. Kaplon

Ninth Circuit reaffirms that criminal restitution orders are not dischargeable in bankruptcy.

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Byrd v. Maricopa County Board of Supervisors

Ninth Circuit reverses dismissal of prisoner civil rights claims.

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Garity v. APWU National Labor Organization

Ninth Circuit reverses dismissal of ADA lawsuit against union.

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Harbor Missionary Church Corporation v. City of San Buenaventura

Ninth Circuit reverses denial of preliminary injunction to permit church to keep homeless ministry open.

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Milhouse v. Travelers Commercial Ins. Co.

Ninth Circuit rules in favor of insurer in dispute over payment of benefits for home destroyed in wildfire.

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Big 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.

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Transbay Auto Service, Inc. v. Chevron USA, Inc.

Ninth Circuit reverses judgment under Petroleum Marketing Practices Act.

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Escobedo v. Apple American Group

Ninth Circuit issues published opinion for pro bono client, clarifies rules for indigent litigants.

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Sio v. Lynch

Ninth Circuit overturns order to deport pro bono client.

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Falcon v. Farley

Ninth Circuit reverses summary judgment against pro bono client in First Amendment Case.

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Foli v. Metropolitan Water District of Southern California

Ninth Circuit rejects challenge to water district's fluoridation program.

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Intransit, Inc. v. Travelers Property & Casualty Co.

Ninth Circuit reverses judgment against insurer, finding that district court misapplied Oregon principles of policy interpretation.

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Gonzales v. California Department of Corrections

Ninth Circuit Court of Appeals reverses dismissal of civil rights claims.

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Jimenez v. Holder

United States government dismisses removal proceedings against immigrant family.

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Heston 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.

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Cuviello v. City of Oakland

Ninth Circuit affirms injunction, finding that restrictions on protests at Oracle Arena are consistent with the First Amendment.

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PSM Holding Corp. v. National Farm Financial Corp.

Ninth Circuit reverses $43 million judgment in contract dispute.

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Omega 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.

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Northrop 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.

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San 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.

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Krakauer 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.

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Shinedling 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.

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Hoang 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.

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Transbay 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.

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Bixby v. KBR, Inc.

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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Omega 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.

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Farmers 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.

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Coleman v. Tri-City

Petition asking Ninth Circuit to hear interlocutory appeal of ruling on attorney-client privilege.

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Pacific 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.)

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Shell 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."

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J.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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