In addition to being excellent trial attorneys, we are also skilled appellate advocates.We are equally successful at handling appeals seeking to overturn an adverse lower court result, or in upholding a favorable one.We have extensive experience in the Ninth Circuit Court of Appeals, and have also achieved complete victory before the Fourth Circuit Court of Appeals and the California Court of Appeal.
The firm’s successes at appellate litigation include:
Ninth Circuit – Complete restoration of a $44.4 million federal antitrust jury verdict in favor of our client, a small cigarillo manufacturer, against the largest cigarillo manufacturer in the United States.The trial court had entered judgment in favor of the defendant based upon post-trial motions. (Trendsettah, et al. v. Swisher Int’l)
Fourth Circuit – Completely affirming an $11.3 million arbitration award in favor of our client on breach of contract claims brought against the publicly traded company that had acquired his business assets. (Barranco v. 3D Systems)
Ninth Circuit – Completely affirming $9 million value jury verdict in favor of our client. The jury awarded $500K on breach of contract and fraud claims brought by our client, a real estate investor, against his business partner. The verdict also confirmed the legitimacy of certain actions taken by the investor worth $1 million, and also resulted in no liability as to all counterclaims brought by the business partner that were worth $7 million. (Okada v. Whitehead)
California Court of Appeal – Affirming $10 million value bench verdict in favor of our client. Following a jury trial, the court issued findings of fact and law holding that our clients, local property owners, were not obligated to sell their $10 million property to a real estate developer for only $3 million pursuant to the terms of an option contract. (Tierney v. Javaid)
Furthermore, other successes in appellate litigation experienced by the lawyers of Gaw | Poe LLP prior to their time with the firm include:
Ohio Court of Appeals – Complete reversal of $2 billion judgment against client. Represented an auto manufacturer in a successful appeal that vacated and remanded a $2 billion class action judgment and jury verdict concerning its franchise agreements with heavy and medium truck dealers. (Westgate Ford v. Ford Motor Co.)
Ninth Circuit – Reversal of summary judgment against client.The client had brought Eighth Amendment and First Amendment claims against the government for its decision to keep him in solitary confinement for refusing to engage in compelled speech.(Furnace v. Evans)
Ninth Circuit – Reversal of judgment and jury verdict against the client over section 1983 civil rights brought by him against the government over its use of excessive force against him.(Wilkerson v. Wheeler)