Appellate Litigation

Appellate Litigation

When the stakes are high and the outcome of a case is on the line, clients turn to Weintraub Tobin’s Appellate Practice Group for trusted, strategic, and results-driven representation. Our seasoned civil appeals attorneys have deep experience handling complex state and federal appeals, arbitration award challenges, interlocutory appeals, and extraordinary writs in trial and post-trial settings.

Whether pursuing or defending an appeal, we understand how to navigate the nuances of appellate procedure, identify critical legal issues, and craft persuasive arguments that resonate with appellate judges. Clients benefit from our meticulous legal analysis, compelling brief writing, and powerful oral advocacy.

We assist clients at every stage of the appellate process—from pre-trial writ petitions and post-judgment motions to direct appeals and discretionary review at the California Supreme Court and the United States Supreme Court. Our attorneys are also regularly consulted by trial counsel and corporate legal departments seeking appellate insight on preserving issues for appeal, evaluating the likelihood of success, or mitigating litigation risk on appeal.

Weintraub’s appellate victories have helped shape California and federal law across diverse industries and practices, including real estate, healthcare, estate litigation, employment litigation, and commercial arbitration.

Representative Published Appellate Cases

• In Re Morning Star Packing Co., LP v. U.S. District Court (9th Cir. 2013) – Landmark ruling requiring restitution for fraud victims despite complexity in this successful petition for extraordinary writ for client, Morning Star Packing Co., LP.
• In Re Mark B v. Leslie B (2007) – Established juvenile court authority to issue sanctions under CCP §128.7 in this successful representation of real party-in-interest client, Dale Wilson.
• Cummings v. Future Nissan (2005) – Affirmed enforceability of multi-tiered arbitration review and clarified waiver doctrine in this successful defense on appeal for respondent, Future Nissan.
• Estate of Goyett v. Harkey (2004) – Defined broad interpretation of testamentary phrase “my money” in this appellate win on behalf of estate beneficiary client, Vivian York.
• Khajavi v. Feather River Anesthesia Medical Group (2000) – Clarified application of “good cause” under Labor Code §2924 and scope of physician protections under B&P Code §2056 with a partial appellate success for employee physician client, Dr. Khajavi.
• Channel Lumber Co. v. Porter Simon (2000) – Held corporate attorneys not entitled to indemnification under Corporations Code §317 in this successful appeal for client, Channel Lumber Co.
• Oliver v. AT&T Wireless Services (1999) – Confirmed that a visually displeasing structure does not constitute a private nuisance with a defense victory on appeal for respondent AT&T Wireless.