Practices
In appellate practice, cases are decided primarily based on written briefs. With over forty 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.
Pacific Gas & Electric Co. v. Superior Court (South San Joaquin Irrigation District) (2023)
California Court of Appeal holds that, in a utility takings case, a public entity's findings of public necessity and "more necessary public use" are not reviewed by the trial court only for substantial evidence or a gross abuse of discretion.
Download PDFViking River v. Moriana (2022)
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.
Download PDFConservatorship of O.B. (2019)
California Supreme Court amicus brief arguing that appellate courts should take the "clear and convincing evidence" standard into account when deciding whether sufficient evidence supports a finding governed by that standard.
Download PDFGonzalez v. Mathis (2019)
California Supreme Court amicus brief arguing, contrary to Court of Appeal's published opinion, that property owners should not be liable for injuries to contractors for injuries caused by preexisting hazardous conditions on hirer's property that were known to the contractor as of the time contractor's work commenced.
Download PDFKrakauer v. Dish Network, LLC (2018)
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.
Download PDFMadrigal v. Allstate Indemnity Company (2016)
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.
Download PDFExxon Mobil Corp. v. State of New Hampshire (2016)
United States Supreme Court brief arguing that the United States Constitution's Due Process Clause prohibits Trial by Formula in state court representative actions.
Download PDFDynamex Operations West, Inc. v. Superior Court (2015)
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.
Download PDFMHN Government Services, Inc. v. Zaborowski (2015)
United States Supreme Court brief tracing the history of California courts' application of unconscionability rules to avoid enforcing arbitration agreements, and arguing that California's unconscionability standards are preempted by the Federal Arbitration Act.
Download PDFSonic-Calabasas A, Inc. v. Moreno (2014)
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.
Download PDFLubin v. The Wackenhut Corp. (2014)
California Court of Appeal brief arguing that the United States Constitution's Due Process Clause prohibits Trial by Formula on either liability or damages issues in state court class actions.
Download PDFMaddox v. Nissan Motor Company, Ltd. et al. (2014)
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.
Download PDFBixby v. KBR, Inc. (2013)
Ninth Circuit amicus brief arguing that punitive damages cannot be imposed under state law to regulate conduct in a foreign nation.
Download PDFIskanian v. CLS Transportation Los Angeles, LLC (2013)
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.
Download PDFSonic-Calabasas A, Inc. v. Moreno (2012)
California Supreme Court amicus brief arguing that the Federal Arbitration Act preempts California public policy and unconscionability standards that invalidate arbitration agreements where the arbitration procedures fail to satisfy certain minimal procedural requirements or unduly favor one party over the other.
Download PDFSanchez v. Valencia Holding Co., LLC (2012)
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.
Download PDFReed v. United Teachers Los Angeles (2012)
California Court of Appeal amicus brief supporting settlement agreement that halted seniority-based layoffs in low performing schools.
Download PDFFarmers Insurance Co. of Washington v. Moratti (2012)
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.
Download PDFHowell v. Hamilton Meats & Provisions, Inc. (2010)
California Supreme Court amici curiae brief arguing that the common-law collateral source rule does not allow a plaintiff to recover as medical expense damages the "usual and customary" charges billed by the plaintiff's healthcare providers when the providers agreed to accept as full payment for their services lesser amounts from the plaintiff's health insurance carrier.
Download PDFChavez v. City of Los Angeles (2009)
California Supreme Court amicus brief on behalf of public interest organizations in dispute over availability of attorney fees in low-damage discrimination cases.
Download PDFCaso Campo Algodonero (2009)
Amici curiae brief in the Inter-American Court of Human Rights on behalf of various women's and human rights organizations, supporting claims against Mexico under the American Convention on Human Rights and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women.
Download PDFJohnson v. American Standard (2008)
California Supreme Court amicus brief arguing for adoption of the sophisticated user defense in California.
Download PDFShell Oil Co. v. United States (2008)
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."
Download PDFVan Buren v. Evans (2008)
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.
Download PDFMalin v. Singer (2012)
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.
Download PDFHenriks v. State Farm (2009)
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.
Download PDFLee v. Elghanayan (2008)
Respondent's brief seeking affirmance of our client's successful anti-SLAPP motion in a lawsuit challenging the cancellation of a sub-lease resulting from an out-of-state arbitration award.
Download PDFLaiwala v. Hynix Semiconductor America, Inc. (2008)
Respondent's brief seeking dismissal of plaintiff's appeal from a demurrer and anti-SLAPP ruling as untimely because plaintiff had filed his notice of appeal within 60 days of the judgment, but more than 60 days after the grant of anti-SLAPP motion.
Download PDFKanno v. Marwit Capital (2015)
California Court of Appeal opening brief arguing for enforcement of parol evidence rule under California and Delaware law in business dispute involving alleged oral agreement.
Download PDFSouthern Track and Pump, Inc. v. Terex Corp., et al. (2014)
Third Circuit amicus brief arguing that state statute unconstitutionally took business's private property without due process of law or just compensation.
Download PDFTransbay Auto Service, Inc. v. Chevron USA, Inc. (2013)
Ninth Circuit opening brief arguing that trial court committed evidentiary error in case arising under the Petroleum Marketing Practices Act.
Download PDFShell Oil Co. v. United States (2008)
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."
Download PDFBoeken v. Phillip Morris USA (2008)
California Supreme Court brief for Phillip Morris arguing that the doctrine of res judicata bars a plaintiff's claim for noneconomic damages in a wrongful death action that she brought after the death of her husband, because she had dismissed with prejudice a claim for loss of consortium while he was alive.
Download PDFPacific Gas & Electric Co. v. Superior Court (South San Joaquin Irrigation District) (2023)
California Court of Appeal holds that, in a utility takings case, a public entity's findings of public necessity and "more necessary public use" are not reviewed by the trial court only for substantial evidence or a gross abuse of discretion.
Download PDFD.S. v. The Lion's Limos (2022)
California Court of Appeal affirms summary judgment in a wrongful death action against a common carrier.
Download PDFRudolph v. Rudolph and Sletten, Inc (2018)
California Court of Appeal opening brief, arguing that the doctrine of workers' compensation exclusivity applies to claims alleging that an employer is responsible for take-home asbestos exposures.
Download PDFMadrigal v. Allstate Indemnity Company (2016)
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.
Download PDFSheridan v. Touchstone Television Productions, LLC (2015)
Petition asking the California Supreme Court petition to grant review in Desperate Housewives employment dispute, to clarify the scope of the exhaustion of administrative remedies doctrine.
Download PDFBurlage v. Superior Court (2009)
Answer to petition for review in the California Supreme Court, arguing against review of a published Court of Appeal decision that affirmed an order vacating an arbitration award.
Download PDFExxon Mobil Corp. v. State of New Hampshire (2016)
United States Supreme Court brief arguing that the United States Constitution's Due Process Clause prohibits Trial by Formula in state court representative actions.
Download PDFAugustus v. ABM Security Services, Inc. (2015)
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.
Download PDFAugustus v. ABM Security Services, Inc. (2014)
California Court of Appeal brief arguing that the United States Constitution's Due Process Clause prohibits Trial by Formula on either liability or damages issues in state court class actions.
Download PDFLubin v. The Wackenhut Corp. (2014)
California Court of Appeal brief arguing that the United States Constitution's Due Process Clause prohibits Trial by Formula on either liability or damages issues in state court class actions.
Download PDFChapala/All American Insurance Services, Inc. v. Superior Court (2013)
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.
Download PDFDuran v. U.S. Bank National Association (2013)
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.
Download PDFWeinstat v. Dentsply (2010)
Petition for review from appellate decision reversing decertification of class of dentists who purchased ultrasonic scaling devices, and rejecting trial court's determination that "commonality" requirement was not met due to individualized questions of causation of injury.
Download PDFNelson v. Pearson Ford (2010)
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.
Download PDFSoualian v. Int'l Coffee and Tea, LLC (2008)
Ninth Circuit amicus brief arguing a district court properly denied class certification in an action under the Fair and Accurate Credit Transactions Act (FACTA) because certification would expose the defendant to staggering classwide statutory damages, even though putative class members suffered no actual harm.
Download PDFLewis v. Robinson Ford Sales, Inc. (2007)
Petition for review in the California Supreme Court concerning the interpretation of the "injury in fact" requirement for standing under California's Unfair Competition Law in the context of a class action alleging violations of the Automobile Sales Finance Act, and also seeking review of whether individualized inquiries required by due process render claims for punitive damages inherently unsuitable for determination on a class-wide basis.
Download PDFViking River v. Moriana (2022)
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.
Download PDFSanchez v. Valencia Holding Co., LLC (2012)
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.
Download PDFNelson v. Pearson Ford (2010)
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.
Download PDFFairbanks v. Superior Court (Farmers) (2008)
California Supreme Court amicus brief arguing that insurers provide neither "goods" nor "services," and thus are not subject to the Consumer Legal Remedies Act.
Download PDFIn re Tobacco II (Brown) (2007)
California Supreme Court amicus brief arguing that, under the UCL standing requirements imposed after Proposition 64, a trial court properly denies class certification where standing cannot readily be ascertained by litigation of common questions of law and fact, and courts should not create presumptions of consumer reliance to satisfy the commonality requirement for class certification.
Download PDFHoang v. Amazon.com, Inc. (2013)
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.
Download PDFLyle v. Warner Brothers Television Productions (2006)
California Supreme Court amicus brief arguing that the First Amendment limits liability for sexually explicit comments in the workplace.
Download PDFWarner Bros. v. Golden (2005)
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.
Download PDFViking River v. Moriana (2022)
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.
Download PDFSan Diego Comic Convention v. Dan Farr Productions (2018)
Ninth Circuit motion to stay enforcement of trademark infringement judgment, arguing that multi-million dollar award is unlikely to survive appeal.
Download PDFKrakauer v. Dish Network, LLC (2018)
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.
Download PDFShinedling v. Sunbeam Products, Inc. (2016)
Ninth Circuit brief arguing that manufacturer's warnings about risk of fire on portable radiant space heater were adequate as a matter of law.
Download PDFHoang v. Amazon.com, Inc. (2013)
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.
Download PDFTransbay Auto Service, Inc. v. Chevron USA, Inc. (2013)
Ninth Circuit opening brief arguing that trial court committed evidentiary error in case arising under the Petroleum Marketing Practices Act.
Download PDFBixby v. KBR, Inc. (2013)
Ninth Circuit amicus brief arguing that punitive damages cannot be imposed under state law to regulate conduct in a foreign nation.
Download PDFOmega S.A. v. Costco Wholesale Corp. (2012)
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.
Download PDFFarmers Insurance Co. of Washington v. Moratti (2012)
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.
Download PDFColeman v. Tri-City (2012)
Petition asking Ninth Circuit to hear interlocutory appeal of ruling on attorney-client privilege.
Download PDFPacific Operators v. Valladolid (2010)
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.)
Download PDFShell Oil Co. v. United States (2008)
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."
Download PDFJ.R. Simplot v. Chevron Pipeline Co. (2007)
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.
Download PDFHebrew Academy v. Goldman (2007)
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.
Download PDFTory v. Cochran (2005)
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.
Download PDFEl Attar v. Hollywood Presbyterian Medical Center (2012)
California Supreme Court brief successfully arguing that hospital's governing board was permitted to initiate peer review proceedings regarding the competency of a physician to hold medical staff privileges, by selecting medical staff physician reviewers and a hearing officer after the medical staff itself declined to do so.
Download PDFMileikowsky v. West Hills Hospital Medical Center (2008)
California Supreme Court brief addressing whether terminating sanctions can properly be issued in medical staff peer review proceedings when physician violates hearing officer's discovery orders.
Download PDFVan Buren v. Evans (2008)
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.
Download PDFPiedra v. Dugan (2004)
California Court of Appeal brief asking court to uphold a defense verdict in an action against a physician alleging lack of informed consent for treatment.
Download PDFLathrop v. Healthcare Partners Medical Group (2004)
California Court of Appeal brief arguing that MICRA's limit on recovery of non-economic damages applies to a medical group's liability.
Download PDFMadrigal v. Allstate Indemnity Company (2016)
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.
Download PDFFarmers Insurance Co. of Washington v. Moratti (2012)
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.
Download PDFBallester v. Superior Court (2011)
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.
Download PDFJonathan Neil & Associates, Inc. v. Jones (2004)
California Supreme Court amicus brief arguing against the proposition that tort remedies should be available when insurer has in bad faith retroactively billed an insured for an excessive premium.
Download PDFHameid v. National Fire Ins. of Hartford (2003)
California Supreme Court amicus brief arguing that covered "advertising injury" under CGL policy required widespread promotion to the public; insurer had no duty to defend insured against competitor's action alleging misappropriation of secret customer list and one-on-one solicitation of a few customers.
Download PDFHamilton v. Maryland Cas. Co. (2002)
California Supreme Court amicus brief arguing that insurer that defends insured but refuses policy limits settlement offer is not bound by stipulated judgment entered pursuant to settlement agreement between insured and third party not approved by insurer, and insurer is not liable for breach of duty to settle based on stipulated judgment.
Download PDFSan Diego Comic Convention v. Dan Farr Productions (2018)
Ninth Circuit motion to stay enforcement of trademark infringement judgment, arguing that multi-million dollar award is unlikely to survive appeal.
Download PDFOmega S.A. v. Costco Wholesale Corp. (2012)
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.
Download PDFDynamex Operations West, Inc. v. Superior Court (2015)
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.
Download PDFSonic-Calabasas A, Inc. v. Moreno (2014)
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.
Download PDFLubin v. The Wackenhut Corp. (2014)
California Court of Appeal brief arguing that the United States Constitution's Due Process Clause prohibits Trial by Formula on either liability or damages issues in state court class actions.
Download PDFIskanian v. CLS Transportation Los Angeles, LLC (2013)
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.
Download PDFSonic-Calabasas A, Inc. v. Moreno (2012)
California Supreme Court amicus brief arguing that the Federal Arbitration Act preempts California public policy and unconscionability standards that invalidate arbitration agreements where the arbitration procedures fail to satisfy certain minimal procedural requirements or unduly favor one party over the other.
Download PDFOldham v. Flynt (2008)
Appellant's opening brief seeking reversal of trial court's denial of employer's motion to compel arbitration in an employment dispute.
Download PDF24 Hour Fitness USA, Inc. v. Superior Court (2016)
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.
Download PDFLaico v. Chevron, U.S.A., Inc. (2004)
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.
Download PDFSaelzler v. Advanced Group 400 (2001)
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.
Download PDFReed v. United Teachers Los Angeles (2012)
California Court of Appeal amicus brief supporting settlement agreement that halted seniority-based layoffs in low performing schools.
Download PDFChavez v. City of Los Angeles (2009)
California Supreme Court amicus brief on behalf of public interest organizations in dispute over availability of attorney fees in low-damage discrimination cases.
Download PDFCaso Campo Algodonero (2009)
Amici curiae brief in the Inter-American Court of Human Rights on behalf of various women's and human rights organizations, supporting claims against Mexico under the American Convention on Human Rights and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women.
Download PDFChen v. Mukasey (2008)
Ninth Circuit brief for a man denied asylum and relief from religious persecution under the Convention Against Torture.
Download PDFRudolph v. Rudolph and Sletten, Inc (2018)
California Court of Appeal opening brief, arguing that the doctrine of workers' compensation exclusivity applies to claims alleging that an employer is responsible for take-home asbestos exposures.
Download PDFShinedling v. Sunbeam Products, Inc. (2016)
Ninth Circuit brief arguing that manufacturer's warnings about risk of fire on portable radiant space heater were adequate as a matter of law.
Download PDFO'Neil v. Crane Co. (2010)
California Supreme Court brief arguing that a defendant cannot be liable for injuries caused by a product it did not manufacture or distribute.
Download PDFJohnson v. American Standard (2008)
California Supreme Court amicus brief arguing for adoption of the sophisticated user defense in California.
Download PDFNorris v. Crane Co. (2008)
Petition for review to the California Supreme Court, asking the court to revisit the causation and liability standards for asbestos cases in which the plaintiff had minimal bystander exposure to the defendant's product.
Download PDFLockheed Litigation Cases (2005)
California Supreme Court merits brief arguing that trial judges have authority under the California Evidence Code to exclude from the jury's consideration expert testimony lacking in adequate foundation.
Download PDFMartin v. Inland Empire Utilities Agency (2013)
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.
Download PDFBeal Bank v. Arter & Hadden (2007)
California Supreme Court brief arguing against tolling of statute of limitations for attorney malpractice claim.
Download PDFDepartment of Corporations v. SpeeDee Oil Change Systems (1999)
California Supreme Court brief arguing for vicarious disqualification of law firm based on conflict of interest involving attorney who was "of counsel" to the firm.
Download PDFCalifornia Water Impact Network, Inc. v. Castaic Lake Water Agency (2009)
California Court of Appeal brief arguing that the Castaic Lake Water Agency properly complied with the California Environmental Quality Act when it purchased thousands of acre feet of water from a water banking program jointly run by two water storage districts.
Download PDFMetropolitan Water Dist. of Southern California v. Imperial Irrigation Dist. (2000)
California Court of Appeal brief seeking to uphold the water district's methodology for setting rates chargeable to third parties seeking to "wheel" or transport water through client's water conveyance system.
Download PDFConservatorship of O.B. (2019)
California Supreme Court amicus brief arguing that appellate courts should take the "clear and convincing evidence" standard into account when deciding whether sufficient evidence supports a finding governed by that standard.
Download PDFMaddox v. Nissan Motor Company, Ltd. et al. (2014)
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.
Download PDFBixby v. KBR, Inc. (2013)
Ninth Circuit amicus brief arguing that punitive damages cannot be imposed under state law to regulate conduct in a foreign nation.
Download PDFSimon v. San Paolo U.S. Holding Co., Inc. (2005)
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.
Download PDFRomo v. Ford Motor Co. (2003)
United States Supreme Court amicus brief on behalf of twenty leading manufacturers in support of a petition for certiorari, arguing that punitive damages should not be awarded against a manufacturer for conduct that complies with regulatory standards and industry custom.
Download PDFState Farm v. Campbell Mut. Auto Ins. Co. v. Campbell (2003)
United States Supreme Court amicus brief on behalf of a group of insurers, arguing that an insurer's gross assets or policyholders' surplus should not be a basis for affirming a punitive damages award.
Download PDFPacific Gas & Electric Co. v. Superior Court (South San Joaquin Irrigation District) (2023)
California Court of Appeal holds that, in a utility takings case, a public entity's findings of public necessity and "more necessary public use" are not reviewed by the trial court only for substantial evidence or a gross abuse of discretion.
Download PDFAcqua Vista Homeowners Association v. MWI, Inc. (2016)
Appellant's opening brief seeking reversal of a $25 million judgment in a construction defect lawsuit under the Right to Repair Act (SB 800; Civ. Code, section 895 et seq.)
Download PDFTransbay Auto Service, Inc. v. Chevron USA, Inc. (2013)
Ninth Circuit opening brief arguing that trial court committed evidentiary error in case arising under the Petroleum Marketing Practices Act.
Download PDFBorder Business Park, Inc. v. City of San Diego (2006)
California Court of Appeal brief challenging a $91.7 million inverse condemnation award based on a city's public announcements of a proposed international airport and its temporary establishment of a designated truck route on street adjacent to plaintiff's property.
Download PDFCity of Marina v. Board of Trustees of the Cal. State Univ. (2006)
California Supreme Court brief arguing that state property devoted to public use is constitutionally exempt from special assessments for local public improvements.
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