Appellate

While we always strive to achieve exceptional results for our clients at the trial court level, those results are only meaningful if they withstand appeal. At NSHMS, we represent clients through both the trial court and appellate court processes. We also handle appellate matters referred to our firm by other attorneys and institutional clients. Because our appellate attorneys also practice at the trial court level, we employ appellate-level strategy when handling matters in the trial court and utilize both our substantive and procedural expertise at the appellate level. Our attorneys have represented clients successfully in both state and federal appellate courts, including the United States Supreme Court and the United States Court of Appeals for the Ninth Circuit. Some of our recent appellate court successes include:

  • Obtaining full affirmance by the Court of Appeal of the lower court’s grant of summary judgment for our clients (after successfully representing them in the lower court) in an employment case alleging sex discrimination, sexual harassment, and retaliation under the California Fair Employment and Housing Act.
  • Obtaining complete reversal by the Court of Appeal of the District Court’s order denying summary judgment (after moving for summary judgment on behalf of our clients in the District Court) with instructions to the District Court to enter judgment for our clients in a federal civil rights lawsuit.
  • Obtaining full affirmance by the Court of Appeal of the lower court’s entry of a judgment of dismissal in favor of for our clients (after successfully representing them in the lower court) in a defamation lawsuit.
  • Obtaining full affirmance by the Court of Appeal of the lower court’s grant of summary judgment for our clients (after successfully representing them in the lower court) in an employment case alleging discrimination, harassment, and retaliation on the basis of sex and race/national origin.
  • Obtaining full affirmance by the Court of Appeal of the judgment entered for our clients in the lower court (after obtaining a jury verdict in their favor in the lower court) in an employment and tort case alleging invasion of privacy, wrongful termination and slander
  • Obtaining full affirmance by the Court of Appeal of the judgment entered for our client in the lower court (after obtaining a jury verdict in his favor in the lower court) in a products liability case
  • Successfully petitioning to the United States Supreme Court for a writ certiorari on behalf of our clients (after representing them on appeal before the U.S. Court of Appeals for the Ninth Circuit and representing them at trial before the District Court) and obtaining vacation by the United States Supreme Court of the judgment of the Court of Appeals in a civil rights case (published opinions: Muehler v. Mena, 544 U.S. 93, 125 S.Ct. 1465, 161 L.Ed.2d 299 (2005); Muehler v. Mena, 542 U.S. 903, 124 S.Ct. 2842, 159 L.Ed.2d 266 (2004)).
  • Successfully petitioning to the Court of Appeal for a peremptory writ of mandate directing the trial court to enter judgment on behalf of our clients (after representing them in the lower court) in a civil rights case (published opinion: City of Simi Valley v. Superior Court (2003) 111 Cal.App.4th 1077, 4 Cal.Rptr.3d 468).

If you would like more information on our appellate practice, please contact one of our firm’s listed attorneys.

Last update of the article: 08/07/2020.

Practice Group Contacts

appellate court, Appellate

Jennifer Miller

Phone: (805) 963-2345
Email: jennifer@nshmlaw.com

Appellate Practice

Holly Blackwell

Phone: (805) 963-2345
Email: holly@nshmlaw.com