While defending the interests of their clients, Musick Peeler's appellate attorneys have established numerous legal precedents in cases before the California Supreme Court and Courts of Appeal as well as the United States Court of Appeals for the Ninth Circuit. The firm has successfully argued cases on behalf of its clients in dozens of published decisions. The head of the firm's Appellate Group, Cheryl A. Orr, is certified by the State Bar of California Board of Legal Specialization as an Appellate Specialist. Other firms often utilize the knowledge and experience of Musick Peeler's appellate lawyers. The Appellate Group is well-versed in the rules of appellate procedure which vary from jurisdiction to jurisdiction.
Because of the firm's strengths in the areas of Litigation, Labor & Employment, Insurance, Business, Tax & Employee Benefits, Trusts & Estates, Corporate & Securities, Real Estate, and Health Care, Musick Peeler's appellate lawyers combine their skills with the knowledge of the attorneys in these practice groups on the following matters:
Appeals & Amicus Briefs
The effective representation of clients in matters on appeal is a major function of the Appellate Group. As part of the appellate process, and to insure that their clients' interests are correctly served, attorneys analyze the costs and benefits of filing an appeal. This analysis includes consideration of the likelihood of success on appeal, the costs of pursuing or responding to an appeal, and the ramifications of a potentially adverse precedent. Appellate attorneys routinely assist clients in filing amicus briefs in significant cases to modify existing decisional law, or to make new law in uncharted areas.
The firm's appellate attorneys assist clients with a broad variety of writ petitions to correct erroneous rulings made during litigation. These writ petitions include, but are not limited to, challenges to personal jurisdiction for out-of-state clients, orders compelling discovery of privileged attorney-client communications or reinsurance documents, and petitions seeking entry of summary judgment wrongfully denied by the trial court.
Post Trial Motions
The Appellate Group regularly assists trial counsel in post-trial motions, thereby helping to shape the issues on appeal and improve the probability of success. Musick Peeler's appellate attorneys are adept in the preparation and argument of post-trial motions, whether or not the firm handled the matter at trial. If properly prepared and argued, post-trial motions can often avoid an expensive appeal.