Employment Law Appeals

Payne and Fears’ attorneys have a strong record of winning in state and federal appellate courts, whether defending our clients’ successes or correcting errors of the trial court. We know that the appellate process can be lengthy and expensive, and we offer our clients the information and realistic, experience-based advice that they need to decide whether to commit additional resources on appeal. We then provide high-caliber representation, briefing, and argument before the appellate courts.

We go into every case with an eye toward the eventual possibility of an appellate fight. Once we take on an employment case, Payne & Fears is prepared to shepherd clients throughout the entirety of the trial process, ­­­and then to defeat that outcome against any challenge. Over our decades of experience with employment law appeals, we have developed the institutional knowledge necessary to anticipate any possible appellate issues in a case.

Given that our trial practice often involves cutting-edge issues and innovative defense strategies, it is unsurprising that Payne and Fears has been involved in a number of reported decisions, many of which are then cited by other practitioners as support for pro-employer propositions.

Employment Law Appeals: Our Work in the California Court of Appeals

• Esparza v. Safeway Inc., 36 Cal.App.5th 42, 247 Cal. Rptr. 3d 875 (Cal. Ct. App. 2019) (affirming class-wide summary judgment based on the cope of Section 17200)
• Adrid v. Long Beach Memorial Medical Center, B261666 (Cal. Ct. App. Jan. 20, 2016)
• Jackson v. Corinthian Colleges Inc., B254015 (Cal. Ct. App. Feb. 25, 2015)
• Eakins v. Corinthian Colleges Inc., E058330 (Cal. Ct. App. Feb. 23, 2015) (affirming summary judgment)
• Elias v. Superior Court (Southern Counties Oil Co.), G050404 (Cal. Ct. App. Mar. 30, 2015)
• Sandoval v. Medway Plastics Corp., B252412 (Cal. Ct. App. Dec. 17, 2014)
• Massoud v. Corinthian Colleges, Inc., B242958 (Cal. Ct. App. May. 23, 2014) (affirming defense verdict)
• White v. Corinthian Colleges, Inc., B245377 (Cal. Ct. App. Mar. 7, 2014) (affirming defense verdict­­­­)
• Sequoia Education, Inc. v. Superior Court (David Rivera), A134411 (Cal. Ct. App. Oct. 15, 2013)
• Life Technologies Corp. v. Superior Court, 130 Cal.Rptr.3d 80 (2011)
• 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)
• Greystone Homes, Inc. v. Midtec, Inc., 168 Cal.App.4th 1194 (2008)

Employment Law Appeals: Our Work in the US Court of Appeals

• In re: Howmedica Osteonics Corp, 867 F.3d 390 (2017) (establishing rights of California-based employers in forum-selection disputes)
• Jefferson v. The Boeing Company, 675 Fed.Appx. 672 (2017) 
• Otto v. Employee Retirement Income Plan, 667 Fed.Appx. 660 (2016)
• Silver v. Corinthian Colleges Inc., 571 Fed.Appx. 577 (2014) (affirming summary judgment)
• Fisher Tool Co., Inc. v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008)