Appellate

An integrated appellate and trial capability that gets results

JMBM’s appellate lawyers are uniquely qualified for today’s multi-jurisdiction mega-lawsuits because we combine appellate skill with significant trial experience. The members of our appellate team provide sound analysis and strategy, write effective briefs and deliver compelling oral arguments. We are experienced at anticipating possible appellate challenges at the trial level, laying the foundation for legal arguments and preserving issues for review on appeal. Our appellate lawyers are experienced in:

  • Preparation of petitions for certiorari and briefs in opposition to certiorari
  • Preparation of merits and amicus briefs
  • Writs of mandamus
  • Cases of first impression

Our appellate lawyers have represented a wide range of industries, from pharmaceutical companies to trade associations, before all California state and federal courts. Our attorneys also have handled petitions for certiorari to the United States Supreme Court, as well as appeals to the Ninth Circuit Court of Appeal, the Fifth Circuit Court of Appeal, the Seventh Circuit Court of Appeal, the Bankruptcy Appellate Panel of the Ninth District, the Eleventh Circuit Court of Appeal, the Supreme Court of Appeals of West Virginia, the District of Columbia Court of Appeal and the Federal Court of Appeals. We are experienced in appeals before regulatory bodies such as the National Labor Relations Board.

We also represent third parties with significant interests in the outcome of pending appeals.

Our appellate work runs the full gamut of disputes, from complex jurisdictional and state law preemption issues to controversies that involve:

  • Bankruptcy
  • Defamation and false advertising
  • Employment and labor issues
  • Intellectual property controversies
  • Land use and zoning
  • Professional negligence
  • Tax disputes

Focused appellate skill

Each appellate matter is handled by a senior lawyer who develops, drafts, reviews and edits all aspects of the appellate brief. We produce arguments and briefs that are not only meticulously researched, logically developed and correctly attuned to particular courts, but that are also highly readable and engaging to busy appellate judges. Once the basis for an appeal is identified and a strategy is developed, the appeal is prosecuted with the aggressive and intelligent advocacy our clients have come to expect from JMBM's trial lawyers.

JMBM's appellate lawyers provide:

  • The ability to craft an effective argument for convincing the appeals court that the law demands an outcome either consistent with or contrary to the original verdict.
  • The insight to identify key issues from a fresh perspective, frame them in persuasively written briefs and master the unique aspects of appellate oral presentation.
  • The procedural knowledge to provide skillful representation, tailored to your needs and to the demands and perspectives of the appellate court.

Michael Hassen, Chair of the Appellate Practice Group, has had primary responsibility for drafting hundreds of appellate briefs. Louise Ann Fernandez, the Group's Co-chair, has briefed and argued dozens of labor law appeals.

Successes

  • E. Pierce Marshall Prevails Against Claims Made by Estate of Anna Nicole Smith E. Pierce Marshall Prevails Against Claims Made by Estate of Anna Nicole Smith U.S. Supreme Court ends more than 12 years of litigation June 23, 2011 — After more than a decade of highly publicized litigation, Jeffer Mangels Butler & Mitchell LLP is pleased to announce that our client, (the estate of) E. Pierce Marshall, […]
  • Federal Circuit affirmed decision granting JMBM's client a preliminary injunction enjoining patent infringement In Welcome Co. v. Harriett Carter Gifts Inc., 50 U.S.P.Q.2d 1132 (D.C. Cal. 1998), aff'd per curiam (Fed. Cir. 1999), the United States Court of Appeals for the Federal Circuit affirmed the district judge's grant of a preliminary injunction involving a consumer product and means plus function claims.
  • Getting Results - A major tax controversy win In the U.S. Tax Court and Ninth Circuit Court of Appeals, JMBM successfully represented the two California founders of a women's apparel business against the IRS. The IRS attempted to disallow our clients' deduction of business losses from their charter jet operation, saying that the business was not being run with the intent of making […]
  • Getting Results - Understanding procedural issues In one case, where JMBM's attorney prevailed on a motion for summary judgment, our client was the only defendant removed from litigation prior to trial. The plaintiff appealed the judgment in favor of our client, and the matter proceeded to trial. The plaintiff prevailed at trial, obtaining a monetary judgment against the remaining defendants. Our […]
  • Getting Results - U.S. Supreme Court rules in favor of JMBM client and against estate of Anna Nicole Smith After more than a decade of highly publicized litigation, JMBM client, (the estate of) E. Pierce Marshall, prevailed over claims made by the estate of Anna Nicole Smith. Smith attempted to obtain half of the fortune of J. Howard Marshall, although nearly all his assets were left to his son, Pierce Marshall. After years of […]