Appellate

Whether engaged to affirm a successful trial result, or have an adverse judgment overturned, LLF works closely with clients seeking or opposing appellate review on a wide range of sophisticated appellate matters. In addition, the firm has been sought out to brief and argue issues of national importance in state and federal appellate courts across the country, including the U.S. Supreme Court. LLF attorneys have a well-earned reputation as skilled appellate advocates; they are creative thinkers, persuasive writers and detail-oriented – all essential skills for winning appeals. Clients have come to expect the highest quality work product and oral advocacy, delivered on time and within budget.

Representative Engagements

  • In a wrongful death action, the Missouri Supreme Court affirmed the trial court’s grant of summary judgment in favor of defendants, based in part on the interpretation of “qualified civil liability action” under the federal Protection of Lawful Commerce in Arms Act. LLF filed an amicus curiae brief on behalf of its client, The National Shooting Sports Foundation, in support of the trial court’s interpretation of various provisions in the Act.  Delana v. CED Sales, Inc., 486 S.W.3d 316 (2016)
  • ​The California Supreme Court affirmed an attorneys’ fee and costs award – and awarded appellate fees and costs – to LLF client store owner who successfully moved for summary judgment on plaintiff’s disability access claims (under the Americans with Disability Act, California Disable Persons Act and California Health and Safety Code).  The United States Supreme Court denied certiorari.  Jankey v. Lee, 55 Cal.4th 1038 (2012) cert. denied Jankey v. Lee, 185 L.Ed.2d 813 (2013)
  • The Illinois Court of Appeals and Illinois Supreme Court affirmed summary judgment in LLF client firearm manufacturer’s favor in a wrongful death action arising out of an accidental shooting. Both courts held the Protection of Lawful Commerce in Arms Act barred plaintiffs’ claims. Adames v. Sheahan, 378 Ill.App.3d 502 (2007); Adames v. Sheahan, 233 Ill.2d 276 (2009) cert. denied sub nom. Adames v. Beretta U.S.A. Corp., 175 L.Ed.2d 634 (2009)​
  • ​​In a Second Amendment challenge to a county zoning ordinance prohibiting a full-service firearms retailer from locating within an unincorporated area of the county, LLF filed an amicus curiae brief on behalf of The National Shooting Sports Foundation asserting that heightened scrutiny was required to review the ordinance, as well as the existence of ancillary Second Amendment rights relating to the sale of firearms and the provision of related services.  Teixeira v. County of Alameda, 873 F.3d 670 (9th Cir. 2017)(en banc)
  • The California Court of Appeal affirmed summary judgment in LLF client real estate broker’s favor in a property damage action arising out of a large fire after alleged failure to disclose during purchase.  Exir Co. v. CVC Real Estate Group, 2013 Cal. App. Unpub. LEXIS 401 (Cal. Ct. App. 2013)
  • The California Court of Appeal affirmed judgment for LLF client defendant obtained following a lengthy jury trial in an automobile versus pedestrian serious personal injury action.  Vitushkina v. Luminalt Energy Corp., 2014 Cal. App. Unpub. LEXIS 8043 (Cal. Ct. App. 2014)
  • LLF client Italian flooring company appealed the dismissal of its trademark action against a video game manufacturer for improper use of company name and logo in a popular racing video game. Virag, S.R.L. v. Sony Computer Entertainment Am. LLC, 2017 U.S. App. LEXIS 20691 (9th Cir. 2017)