Practice Leader: Rita Gunasekaran
Attorneys: View Attorneys in this PracticeHaight Brown & Bonesteel LLP, one of the first law firms in California to recognize the benefits of appellate specialization for its clients, has maintained a separate appellate practice for nearly three decades. The firm handles appeals and writs in the state and federal reviewing courts throughout the country.
The appellate practice group offers a broad range of specialized services including: representation before the reviewing courts, pre-appeal consultation, advice to trial counsel on preserving issues for appellate review, preparation of significant trial court motions, and petitions seeking interlocutory writs, amici curiae representation, and advice to clients on settlement strategies both at the trial and appellate level.
Since its formation, the firm has handled about 2000 appeals, more than 375 of which have resulted in published decisions. Our attorneys represent both plaintiffs and defendants in diverse areas of law, including but not limited to, commercial; constitutional law; environmental; products liability; employment practices; errors and omissions of attorneys, accountants, podiatrists, realtors, insurance professionals, and directors and officers; premises liability; personal injury; entertainment; intellectual property; insurance coverage and bad faith; franchise; government regulation; taxation; workers' compensation; securities fraud; and bankruptcy.
Some of the most famous appeals handled by HB&B include Moradi-Shalal v. Fireman's Fund, 46 Cal.3d 287 (1988) (holding that Insurance Code Section 790.03(h) creates no private cause of action and overruling Royal Glode v. Superior Court, 23 Cal.3d 880 (1979); Waller v. Truck Insurance Exchange Inc., 11 Cal.4th 1 (1995) (insurance coverage); Cortez v. Purolator, 23 Cal.4th 163 (2000) (unfair competition law in employment context); Brown v. Superior Court, 44 Cal.3d 1049 (1988) (involving strict liability in prescription drugs); Adams v. Murakami, 54 Cal.3d 105 (1991) (punitive damages); Evangelatos v. Superior Court, 44 Cal.3d 1188 (1988) (upholding constitutionality of Proposition 51, but holding the measure not to be retroactive); and Far West Savings and Loan Association, 46 Cal.3d 796 (1988) (holding that "good faith" settlements extinguish all types of indemnity).
Significant appeals handled by the firm in the Products Liability arena include Greenman v. Yuba Products, Inc., 59 Cal.2d 257 (1963);Vandermark v. Ford Motor Co., 61 Cal.2d 256 (1964); Sindell v. Abbott Laboratories, 26 Cal.3d 588 (1980); Hamilton v. Asbestos Corp., 22 Cal.4th 1127 (2000); Etcheverry v. Tri-Ag. Serv., Inc., 22 Cal.4th 316 (2000); Norgant v. UpJohn Co., 21 Cal.4th 383 (1999); Richards v. Owens-Illinois, Inc., 14 Cal.4th 985 (1997); and Macias v. State of California, 10 Cal.4th 844 (1995).
In addition to Moradi-Shalal and Waller, our appellate attorneys handle appeals in many other important Insurance Coverage and Bad Faith cases including, Montrose Chemical Corp. v. Admiral Insurance Company, 10 Cal.4th 645 (1995), Bank of the West v. Superior Court, 2 Cal.4th 1254 (1992), and Downey Venture v. LMI, 66 Cal.App.4th 478 (1998).
In the errors and omissions area, recent published decisions include Loyd v. Paine Webber, Inc., 208 F.3d 755 (9th Cir. 2000) (legal malpractice); Sher v. Johnson, 911 F.2d 1357 (1990) (jurisdiction); Gulf Ins. Co. v. Berger, 79 Cal.App.4th 114 (2000) (legal malpractice); Furla v. Jon Douglas Company, 65 Cal.App.4th 1069 (1998) (real estate broker); Pattiz v. Minye, 61 Cal.App.4th 822 (1998) (malicious prosecution); Ceriale v. Superior Court, 48 Cal.App.4th 1629 (1996) (family lawyer).
In the broad area of commercial disputes, published cases include General Dynamics v. United States, 139 F.3d 1280 (9th Cir. 1998); Edwards v. Arsenio Hall, 234 Cal.App.3d 886 (1988) (entertainment/defamation); Southland Sod Farms v. Stover Seed Co., 108 F.3d 1134 (9th Cir. 1997); E&J Gallo Winery v. Gallo Cattle Company, 967 F.2d 1280 (9th Cir. 1992) (intellectual property); Stop Youth Addition, Inc. v. Lucky Stores, 17 Ca.4th 553 (1998) (Business and Professions Code Section 17200); Fruit of the Loom, Inc. v. Gerouard, 994 F.2d 1359 (1993) (intellectual property).
Significant appeals dealing with employment and ERISA law include Sullivan v. Delta Airlines, 58 Cal.App.4th 938 (1997); Todd v. Thrifty Corp., 34 Cal.App.4th 986 (1995); Usher v. American Airlines, 20 Cal.App.4th 1520 (1993); Serrato v. John Hancock Life Insurance Company, 31 F.3d 882 (9th Cir. 1994); and PM Group Life Insurance Company v. Western Growers Assurance Trust, 953 F.2d 543 (9th Cir. 1992).
Other important published decisions handled by the firm include Sharon P. v. Arman, Ltd., 21 Cal.4th 1181 (1999) (premises liability); Kentucky Fried Chicken v. Superior Court, 14 Cal.4th 814 (1997) (premises liability); National Paint & Coatings Association, Inc. v. State, 58 Cal.App.4th 753 (1998) (regulatory law); DaFonte v. Up-Right Inc., 2 Cal.4th 593 (1992) (Proposition 51); Bacus v. Palo Verde Unified School District Board of Education, 11 F.Supp.2d 1192 (1998) (constitutional law); Flahive v. City of Dana Point, 72 Cal.App.4th 241 (1999) (government liability); and State v. Superior Court, 60 Cal.App.4th 659 (1997) (workers' compensation).
