Appellate Law
Fonda & Fraser, LLP's broad trial experience in professional and general liability matters has been and remains well complemented by our distinguished appellate work, serving the needs of our professional and corporate clients at all litigation phases and in the highest levels of the state and federal court systems. State courts utilized a different set of rules than federal appellate courts making it crucial to have the appropriate appellate record prepared as well as a succinct opening brief identifying the prejudicial issues at stake. Our appellate attorneys not only understand the intricacies involved with these post-trial appellate events but also comprehend how to maneuver through the technical processes of filing and winning interlocutory appeals and appellate writs for purposes of modifying trial court orders while the case is still at issue, which may prevent the post-trial appeal altogether. Fonda & Fraser has a proven track record of success, as illustrated by the following selection of published decisions and unpublished adjudications:
Published
Little Company of Mary Hospital v. Superior Court (Marin) (2nd Dist. Div. 7, April 23, 2008) 162 Cal.App.4th 261. This published opinion now establishes that no punitive damages can be sought against a religious entity (hospital), regardless of the cause of action alleged, without plaintiff first prevailing on a motion backed up by evidence demonstrating a case for those damages.
Ileto v. Glock, Inc. (9th Cir. 2003) 349 F.3d 1191, 1216. Our client gun manufacturer (Bushmaster Firearms) was dismissed from multi-count federal action because the shell casings at the shooting site indicated a bullet too big to fit into our client's rifle.
Green v. Par Pools, Inc. dba Blue Haven Pools, (2003) Aug 22 CA1/4 E031562
Involving allegations of discriminatory failure to equally compensate female employees and allegations of sexual harassment. Mike O'Flaherty and Todd Croutch received a defense judgment and also successfully defended the appeal on the equal pay issue.
DeRuyter v. Methodist Hospital, Cal.Rptr.2d, 2002 WL 479750 (Cal.App. 2 Dist.). This case decided the issue of religious entity exemption from the California Fair Employment and Housing Act before the California Supreme Court.
Stevenson v. Huntington Memorial Hospital, (16 Cal 4th 880, 941 p. 2d 1157 (8/27/97). This is the seminal California Supreme Court case on age discrimination, where Mike O'Flaherty and Todd Croutch received a unanimous defense verdict.
Unpublished
Arakelian v. Feed the Monster (2nd Dist. Div. Three, 2003) B161037. Affirming dismissal of four of five officers and directors of bankrupt internet corporation against nine count amended complaint brought by employees who did not get their last two paychecks, no alter ego liability, individuals were not the employer (affirming dismissal of 7 of 9 charges against remaining defendant CEO, leaving two charges only).
Degenshein v. 21st Century Toys, Inc. (1st Dist. Div. Five, 2007) A111446. In-house counsel suing former employer for wrongful termination based case was properly dismissed when plaintiff's evidence comprised in largest part materials protected from disclosure, thus out of evidence, due to attorney client privilege.
Huntington Memorial Hospital v. Alsamann (2nd Dist. Div. One, 2005) B178910. Father and attorney for father brought and maintained a claim for NIED on a bystander theory, when father was never at the site of the child's injury and did not witness the event. Court properly denied father and attorney's anti-SLAPP motion and ruled Huntington Memorial Hospital properly sued for malicious prosecution.
