Payne&Fears

image

Appellate Law

Success in the trial courts is often only half the battle -- and sometimes courts make mistakes.  Whether defending a victory or challenging errors, Payne & Fears LLP attorneys have the extensive experience in both state and federal appellate courts that clients need. 

Our attorneys are skilled both in taking a case from trial court through the appeals process and in stepping in to assist after an unfavorable trial court decision.  In fact, Payne & Fears LLP believes the best time to lay the groundwork for an appeal or make it unnecessary is before the trial courts lose jurisdiction. To that end, we welcome working with other trial counsel to identify and craft an effective approach to likely appellate issues at any stage of litigation. 

Working in partnership with our clients, our attorneys provide the necessary legal and practical advice that clients need before making the decision to commit additional resources to appeal a decision.  Once the choice is made to appeal a decision, our attorneys then have the skills, knowledge and experience to provide high caliber representation and argument before the appellate courts.

In all areas of our practice, Payne & Fears LLP lawyers have obtained many successful appellate results, including a number of recent published opinions, such as: 

  • Iglesia Evangelica Latina, Inc. v. S.P.L.A.D., 173 Cal. App. 4th 420 (2009)
  • Surrey v. True Beginnings LLC, 168 Cal.App.4th 414 (2008)
  • Cohn v. Corinthian Colleges, 169 Cal.App.4th 523 (2008)
  • Fisher Tool Co., Inc. v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008)
  • Greystone Homes, Inc. v. Midtec, Inc., 168 Cal.App.4th 1194 (2008)

We also have experience arguing before the California Supreme Court, most notably serving as lead counsel for petitioners in Episcopal Church Cases, 45 Cal. 4th 467, 87 Cal. Rptr. 3d 275 (2009), which involved a complex intersection of property law, trust law, constitutional law, and statutory construction.

Recent Successes 

 Payne & Fears LLP Wins Appeal in Corporate Governance Case

Payne & Fears LLP Wins Appeal for Online Dating Service (Surrey v. True Beginnings LLC, 168 Cal.App.4th 414 (2008))

Payne & Fears LLP Wins Appeal in Unruh Civil Rights Act Suit (Cohn v. Corinthian Colleges, 169 Cal.App.4th 523 (2008))

Published Ninth Circuit Victory in Antitrust and Lanham Act Case (Fisher Tool Co., Inc. v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008)

Payne & Fears LLP Homebuilder Client Wins Appeal (Greystone Homes, Inc. v. Midtec, Inc., 168 Cal.App.4th 1194 (2008))

Payne & Fears LLP Wins Appeal for Orange County Property Owners

Published Ninth Circuit Victory for Employer in Discrimination Suit