Appellate

Sometimes Brown White & Osborn’s clients come to us to overturn unfavorable and unfair decisions and judgments by state and federal trial courts. On other occasions, our adversaries seek to reverse our client’s successes through an appeal. In these cases, Brown White & Osborn has considerable appellate experience to get results on appeal and writ as the Firm recently accomplished with an appellate victory in the Eighth Circuit reversing a $67.5 million judgment against our client or in the Ninth Circuit reversing a sentence of life without the possible of parole. The Firm’s attorneys are armed with invaluable experience as Assistant U.S. Attorneys and Deputy Attorney Generals where we have briefed and argued hundreds of appellate cases before the Ninth Circuit and California Courts of Appeal, and as law clerks for various federal and state courts of appeal and trial courts, United States Court of Appeals, the California Court of Appeals, the United States District Courts, and the Superior Courts for the State of California. Our lawyers appear in federal and state appellate courts in a wide variety of criminal, civil and administrative appeals, and have collectively among them drafted hundreds appellate and amicus curiae briefs.

 

Brown White & Osborn’s appellate work combines thorough and creative research with exceptional written and oral advocacy, at a very reasonable cost to the client. The Firm’s extensive trial practice also gives our attorneys crucial insight into optimal presentation of trial issues on appeal or by writ.

Notable Representations

 

  • Obtained reversal of a $67.5 million judgment against the former CEO of a publicly-traded company in a civil RICO and securities fraud lawsuit in the United States Court of Appeal for the Eighth Circuit, in a matter arising from the largest “bailout” in the history of the Securities Investor Protection Corporation.
  • Obtained reversal of conviction and sentence of life imprisonment without possibility of release in a federal narcotics trafficking case.
  • Convinced California Court of Appeal to announce novel interpretation of Workers Compensation statute in upholding favorable judgment.
  • Successfully defended major aerospace company against claims in excess of $100 million by heiress of former CEO.
  • Successfully defended dozens of favorable judgments on appeal; successfully overturned numerous unfavorable judgments

Significant Appellate Published Opinions

 

  • Agua Caliente Band of Cahuilla Indians v. Superior Court (Fair Political Practices Commission), 116 Cal.App.4th 545 (2004). Personal jurisdiction, Indian law, campaign contributions.
  • Besneatte v. Gourdin, 16 Cal.App.4th 1277 (1993). Quiet title.
  • Binder v. Superior Court (Neufeld), 196 Cal.App.3d 893 (1987). Medical malpractice.
  • Cedars-Sinai Medical Center v. Superior Court (Henderson), 206 Cal.App.3d 414 (1988). Malicious prosecution.
  • Franklin v. Appel, 8 Cal.App.4th 875 (1992). Attorney’s fees.
  • Garamendi v. SDI Vendome S.A., 276 F.Supp.2d 1030 (C.D. Cal. 2003). Investment fraud.
  • Gehl Bros. Mfg. Co. v. Superior Court (Selma Trailer and Mfg. Co.) 183 Cal.App.3d 178 (1986). Good faith settlement.
  • Goss v. Edwards, 68 Cal.App.3d 264 (1977). Election of board of directors.
  • Gurkewitz v. Haberman, 137 Cal.App.3d 328 (1982). Attorney malpractice.
  • Hartford Fire Ins. Co. v. Macri, 4 Cal.4th 318 (1992). Insurance coverage dispute.
  • Huang v. L.A. Haute, 106 Cal.App.4th 284 (2003). Housekeeper’s personal injury action against uninsured, private homeowner-employer.
  • In re Grand Jury Proceedings, 87 F.3d 377 (9th Cir. 1996). Tax evasion and immigration.
  • Jones v. Toyota Motor Co., Ltd., 198 Cal.App.3d 364 (1988). Jury instructions, negligence, serving alcohol to an intoxicated minor. Low v. Altus Finance S.A., 136 F.Supp.2d 1113 (C.D. Cal. 2001). Fraud.
  • Miller v. Rykoff-Sexton, Inc., 845 F.2d 209 (9th Cir. 1988). Personal injury action against restaurant for allergic reaction from food.
  • People ex rel. Kerr v. County of Orange (Campbell), 106 Cal.App.4th 914 (2003). Quo warranto action challenging the validity of initiative.
  • People v. Coulter, 209 Cal.App.3d 506 (1989). Prosecutorial misconduct.
  • People v. Cowger, 202 Cal.App.3d 1066 (1988). Improper in-court identification.
  • Rookhuizen v. Wilshire Reconveyance, Inc., 190 Cal.App.3d 1459 (1987). Lender liability and forged trust deed.
  • Silvers v. Sony Pictures Entertainment, 330 F.3d 1204 (9th Cir. 2003). Copyright infringement and unfair competition.
  • Slottow v. American Cas. Co., 1 F.3d 912 (9th Cir. 1993). Indemnity action.
  • Stamps-Bey v. Thomas, 618 F.Supp. 1122 (S.D.N.Y. 1985). Deprivation of treatment of incarcerated youth.
  • State Comp. Ins. Fund v. Superior Court (People), 91 Cal.App.4th 1080 (2001). In camera review of seized documents pursuant to search warrant.
  • Stephenson v. El-Batrawi, 524 F.3d 907 (8th Cir. 2008). Securities Exchange Act of 1934.
  • TRW, Inc. v. Superior Court (Ma), 25 Cal.App.4th 1834 (1994). Employment law.
  • United Community Church v. Garcin, 231 Cal.App.3d 327 (1991). Action to recover funds minister misappropriated.
  • U.S. ex rel. Holder v. Special Devices, Inc., 296 F.Supp.2d 1167 (C.D. Cal. 2003). False Claims Act, environmental health and safety requirements.
  • U.S. v. Chen, 99 F.3d 1495 (9th Cir. 1996). Motion to quash subpoena to corporate counsel claiming attorney-client privilege.
  • U.S. v. Christophe, 833 F.2d 1296 (9th Cir. 1987). Unreliable identification and prosecutorial misconduct.
  • U.S. v. Duran, 59 F.3d 938 (9th Cir. 1995). Corruption by Los Angeles County Sherriff’s Department.
  • U.S. v. Goland, 959 F.2d 1449 (9th Cir. 1992). Political contributions.
  • U.S. v. Hicks, 997 F.2d 594 (9th Cir. 1993). Terrorist attacks against IRS buildings.
  • U.S. v. Hughes Aircraft Co., 20 F.3d 974 (9th Cir. 1994). Conspiring to defraud.
  • U.S. v. Martin, 226 F.3d 1042 (9th Cir. 2000). Firearms.
  • U.S. v. Medina-Chavarin, 147 F.3d 1161 (9th Cir. 1998). Firearms.
  • U.S. v. Microtek Intern. Development Systems Div., 74 F.Supp.2d 1019 (D. Or. 1999). Violation of embargo.
  • U.S. v. Myers, 878 F.2d 1142 (9th Cir. 1989). False statements to federal agencies.
  • U.S. v. Ono, 918 F.2d 1462 (9th Cir. 1990). Manufacture of designer drugs.
  • U.S. v. Vilchez, 967 F.2d 1351 (9th Cir. 1992). Drugs.
  • U.S. v. Winsor, 846 F.2d 1569 (9th Cir. 1988). Motion to suppress.
  • U.S. v. Winsor, 816 F.2d 1394 (9th Cir. 1987). Motion to suppress.
  • White Motor Corp. v. Teresinski, 214 Cal.App.3d 754 (1989). Motion for Summary Judgment.