Appellate
Expertise in Appellate Proceeding Appellate Proceedings require versatility and highly focused, intellectual lawyers who are skilled in the nuances of appellate practice and precise in their abilities to persuade with the written and oral word. Burnham Brown's Appellate attorneys combine commanding written and oral advocacy with broad-based experience in substantive areas of law. This combination provides our clients with cost-effective representation and a significant advantage against parties represented by lawyers who are just appellate specialists. We are successful in preserving favorable results obtained for our clients in the trial court, as well as reversing unfavorable results. We have briefed and argued appeals in cases involving issues of insurance coverage and bad faith, trusts and estates, employment, professional liability, product liability, environmental law, business, construction, and personal injury. Representative Decisions Asbestos In the recently published opinion of Collins v. Plant Insulation Company, 2010 DJDAR 8258, the Court affirmed the arguments advanced by Burnham Brown, counsel for Plant Insulation Company during trial, holding that although the Navy is immune from suit under 28 U.S.C. section 2671, et seq., (the Federal Tort Claims Act) "no authority suggests it owes no duty of care to its service personnel and civilian employees. Indeed, all authority is to the contrary." Collins supra at 8263. Accordingly, the Appellate Court concluded the Trial Court erred in excluding the Navy from the list of entities which the jury could apportion fault pursuant to Proposition 51. Business - Represented a Korean company seeking to enforce a foreign money judgment in California pursuant to the Foreign Money-Judgments Recognition Act. Korean Water Resources Corporation v. Chong Sung Lee, 115 Cal. App. 4th 389 (2004)
Construction - Represented builder in construction indemnity lawsuit involving the award and allocation of attorney fees. Rancho Solano Master Assn v. Amos & Andrews, Inc. 97 Cal. All. 4th 681 (2002)
- Preserved defense judgment based upon statute of limitations defense on behalf of the directors of a homeowners' association in a complex, multi-million dollar construction defect claim, despite clients' alleged fiduciary relationship to plaintiff homeowners' association. Center Place HOA v. Rifkind, California Court of Appeal, First Appellate District, No. A073293 (1997) (Unpublished decision)
Employment - Represented union seeking to reverse the denial of a motion to strike a defamation and emotional distress claim under California's anti-SLAPP statute. Rivero v. American Federation of State, County and Municipal Employees, 105 Cal. App. 4th 913 (2003)
Insurance Law - Preserved on appeal summary judgment in favor of insurer, rescinding life insurance policy due to insured's failure to disclose that she had been treated by a physician prior to the time of delivery of the policy. John Hancock Variable Life Ins. Co. v. Estate of Jane K.F. Fong, United States Court of Appeals, Ninth Circuit No. 03-56017 (2005) (Unpublished opinion)
- Represented insurer in contribution case against co-insurer concerning sharing of defense costs. Reliance Ins. Co. v. St Paul Fire & Marine Ins. Co., 102 Fed. Appx. 539 (9th Cir. 2004) (Unpublished decision)
- Preserved on appeal summary judgment obtained in favor of insurer that "personal injury" coverage for libel did not apply to violations of the Visual Artists' Rights Act of 1990 involving the whitewashing of a mural. Cort v. St Paul Fire & Marine Ins. Cos., 311 F.3d979 (9th Cir. 2002)
- Preserved on appeal summary judgment obtained in favor of insurer that a nursing home's professional liability coverage did not apply to alleged violations of the False Claims Act. Horizon West, Inc. v. St Paul Fire & Marine Ins. Cos., 45 Fed. Appx. 752, (9th Cir. 1992) (Unpublished decision)
- Preserved on appeal summary judgment obtained in favor of insurer that a liability insurance policy does not cover the failure to configure public premises in accordance with the Americans With Disabilities Act. Modern Development Co. v. Navigators Ins. Co. 11 Cal. App. 4th 932 (2003)
Personal Injury - Preserved on appeal grant of motion for new trial after defendants introduced undisclosed evidence at the conclusion of trial. Lachage v. United Parcel Service Inc., California Court of Appeal, First Appellate District (2003) (Unpublished decision)
Professional Liability - Preserved on appeal summary judgment obtained in favor of physician in medical malpractice action. Miller v. Afruma, California Court of Appeal, First Appellate District No. A102762 (2004)
Trust and Estates - Persuaded court of appeal to reverse judgment in favor of respondent in a trust contest based on trial court's erroneous application of hearsay exception. Black v. Nopuente, California Court of Appeal, First Appellate District (2004) (Unpublished decision)
To speak with a Burnham Brown attorney specializing in Appellate Proceedings, please call 510-444-6800. Overview
Expertise in Appellate Proceeding Appellate Proceedings require versatility and highly focused, intellectual lawyers who are skilled in the nuances of appellate practice and precise in their abilities to persuade with the written and oral word. Burnham Brown's Appellate attorneys combine commanding written and oral advocacy with broad-based experience in substantive areas of law. This combination provides our clients with cost-effective representation and a significant advantage against parties represented by lawyers who are just appellate specialists. We are successful in preserving favorable results obtained for our clients in the trial court, as well as reversing unfavorable results. We have briefed and argued appeals in cases involving issues of insurance coverage and bad faith, trusts and estates, employment, professional liability, product liability, environmental law, business, construction, and personal injury. Representative Decisions Asbestos In the recently published opinion of Collins v. Plant Insulation Company, 2010 DJDAR 8258, the Court affirmed the arguments advanced by Burnham Brown, counsel for Plant Insulation Company during trial, holding that although the Navy is immune from suit under 28 U.S.C. section 2671, et seq., (the Federal Tort Claims Act) "no authority suggests it owes no duty of care to its service personnel and civilian employees. Indeed, all authority is to the contrary." Collins supra at 8263. Accordingly, the Appellate Court concluded the Trial Court erred in excluding the Navy from the list of entities which the jury could apportion fault pursuant to Proposition 51. Business - Represented a Korean company seeking to enforce a foreign money judgment in California pursuant to the Foreign Money-Judgments Recognition Act. Korean Water Resources Corporation v. Chong Sung Lee, 115 Cal. App. 4th 389 (2004)
Construction - Represented builder in construction indemnity lawsuit involving the award and allocation of attorney fees. Rancho Solano Master Assn v. Amos & Andrews, Inc. 97 Cal. All. 4th 681 (2002)
- Preserved defense judgment based upon statute of limitations defense on behalf of the directors of a homeowners' association in a complex, multi-million dollar construction defect claim, despite clients' alleged fiduciary relationship to plaintiff homeowners' association. Center Place HOA v. Rifkind, California Court of Appeal, First Appellate District, No. A073293 (1997) (Unpublished decision)
Employment - Represented union seeking to reverse the denial of a motion to strike a defamation and emotional distress claim under California's anti-SLAPP statute. Rivero v. American Federation of State, County and Municipal Employees, 105 Cal. App. 4th 913 (2003)
Insurance Law - Preserved on appeal summary judgment in favor of insurer, rescinding life insurance policy due to insured's failure to disclose that she had been treated by a physician prior to the time of delivery of the policy. John Hancock Variable Life Ins. Co. v. Estate of Jane K.F. Fong, United States Court of Appeals, Ninth Circuit No. 03-56017 (2005) (Unpublished opinion)
- Represented insurer in contribution case against co-insurer concerning sharing of defense costs. Reliance Ins. Co. v. St Paul Fire & Marine Ins. Co., 102 Fed. Appx. 539 (9th Cir. 2004) (Unpublished decision)
- Preserved on appeal summary judgment obtained in favor of insurer that "personal injury" coverage for libel did not apply to violations of the Visual Artists' Rights Act of 1990 involving the whitewashing of a mural. Cort v. St Paul Fire & Marine Ins. Cos., 311 F.3d979 (9th Cir. 2002)
- Preserved on appeal summary judgment obtained in favor of insurer that a nursing home's professional liability coverage did not apply to alleged violations of the False Claims Act. Horizon West, Inc. v. St Paul Fire & Marine Ins. Cos., 45 Fed. Appx. 752, (9th Cir. 1992) (Unpublished decision)
- Preserved on appeal summary judgment obtained in favor of insurer that a liability insurance policy does not cover the failure to configure public premises in accordance with the Americans With Disabilities Act. Modern Development Co. v. Navigators Ins. Co. 11 Cal. App. 4th 932 (2003)
Personal Injury - Preserved on appeal grant of motion for new trial after defendants introduced undisclosed evidence at the conclusion of trial. Lachage v. United Parcel Service Inc., California Court of Appeal, First Appellate District (2003) (Unpublished decision)
Professional Liability - Preserved on appeal summary judgment obtained in favor of physician in medical malpractice action. Miller v. Afruma, California Court of Appeal, First Appellate District No. A102762 (2004)
Trust and Estates - Persuaded court of appeal to reverse judgment in favor of respondent in a trust contest based on trial court's erroneous application of hearsay exception. Black v. Nopuente, California Court of Appeal, First Appellate District (2004) (Unpublished decision)
To speak with a Burnham Brown attorney specializing in Appellate Proceedings, please call 510-444-6800.
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