Pillsbury

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Appellate

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Consistently recognized as a leading practice in the U.S., Pillsbury’s Appellate team successfully handles challenging, high-stakes and precedent-setting appeals in courts across the country.

Highly respected for taking on particularly complex issues of federal and state law, Pillsbury appellate litigators have represented clients in hundreds of state and federal cases. Our team has advocated for major corporations and businesses in bet-the-company cases, as well as individuals seeking to address important constitutional rights. The results we achieve have had a profound impact on the law, our clients, their industries and communities.

We excel in all aspects of appellate practice, from trial strategy through appeal and Supreme Court review. We take on constitution, statutory and regulatory challenges and a wide variety of business disputes and controversies. Our appellate lawyers are also frequently called upon to craft amicus briefs, empowering industry groups or nonprofit organizations with a voice on issues that significantly impact their missions. Our appellate lawyers have extensive experience with interlocutory appeals and extraordinary relief, including stays, writ petitions in the California courts, and motion practice in the New York Appellate Division.

Representative Matters

Achieved major appellate victory regarding whether two-decade-old deferral of punitive damage claims in NYC asbestos litigation was properly lifted. Decision opened door to reevaluation and reform of how asbestos litigation is managed and resolved.
Won multiple victories for U.S. nuclear power industry in Federal, D.C. and 11th Circuits in $50 billion battle over Department of Energy's failure to dispose of nation's spent nuclear fuel.
Represented Chehalis Tribe, majority owners of resort development, regarding imposition of property tax on resort buildings. 9th Circuit held permanent improvements on Indian land are immune from local property taxes.

Amicus Briefs in the U.S. Supreme Court
- Submitted amicus brief for family law and constitutional law professors in Northern District of California and pro bono amicus brief to U.S. Supreme Court supporting same-sex couples seeking overturn of California’s Proposition 8.
- Presented amicus brief for 16 leading historians urging U.S. Supreme Court to examine Texas legislators’ intent in approving new abortion-provider health safeguard restrictions. Case considered most important look at abortion rights in decades.

Amicus Briefs in the U.S. Courts of Appeals
- As ABA’s counsel for amicus brief filed in 9th Circuit regarding now-defunct Heller Ehrman LLP’s bankruptcy, successfully argued that “unfinished business rule” should not apply to law firm dissolutions.
- Submitted amicus brief for Yoga Alliance regarding whether optional yoga program was inherently religious and therefore unconstitutional. Appellate court upheld constitutionality of yoga program finding it “not inherently religious or overtly sectarian.”
- Wrote the amicus brief to 2nd Circuit on behalf of the New York City Bar, in successful challenge to New York State's curbs on lawyer advertising.

Aviation
- Convinced D.C. Circuit to uphold U.S. Department of Transportation decision allowing our client Virgin America permission to fly as a domestic airline.

Banking and Financial Institutions
- Achieved precedent-setting win for Wells Fargo regarding permissibility of imposing freezes on bankruptcy debtor bank accounts when 9th Circuit held that such freezes were permissible to preserve bankruptcy estate assets.
- Represented Société Générale, a European financial institution, in successful appeal over credit default swap contract. 2nd Circuit reversed district court holding and entered judgment for our client

Constitutional Rights
- Won a U.S. Supreme Court decision regarding habeas corpus rights for persons detained at Guantanamo Bay.

Education
- Won complete reversal of trial court order terminating Greek-U.S. co-governing boards of trustees’ relationship and transferred college endowment to Greek board. Reversal preserved our client’s leadership and safeguarded the college’s endowment.

Energy
- Obtained a refund of more than $30 million for a company overcharged for use of an oil pipeline, with the appellate court affirming the public utilities commission’s refund order.
- Won 3rd Circuit ruling that guidance documents from the Nuclear Regulatory Commission are not reviewable by the courts because they are neither binding nor "final orders."
- For major energy company, successfully challenged U.S. government strategy of coercing privilege waivers from companies under investigation. California Court of Appeal’s decision could benefit companies in states with similar laws.

Environmental
- Won 9th Circuit decision holding that the owner of a smelter cannot be liable under CERCLA for cleanup costs for emissions that are blown downwind.
- Won unanimous D.C. Circuit Court decision for NACWA in challenge to EPA’s stringent new standards regarding permissible air emission levels when incinerating sewage sludge. Rule remanded to EPA for reconsideration.
- Won key appeal for defendants in Deepwater Horizon litigation over Gulf of Mexico oil spill, thwarting plaintiffs’ attempts to impose penalties.
- Convinced 9th Circuit to uphold lower court decision for client, American Association of Railroads in case challenging local regulation of locomotive emissions. Decision hailed as "biggest environmental victory in Southern California."
- Successfully opposed environmental groups challenges to Clean Water Act permits granted to Dynegy on appeal to California Supreme Court. Permits authorized modernization of power plant located near Monterey Bay, California wetlands.

Government Regulation
- Successfully challenged Medicaid capitation rate-setting for Health Net before California Court of Appeal, which held state breached contract by freezing rates based on state budget deficit.
- Obtained California Court of Appeal ruling for rural telephone company in appellate proceedings arising from California Public Utilities Commission decision regarding stock gains disposition, resulting in $5 million-plus recovery for client.

Intellectual Property and Technology
- Won Federal Circuit ruling for Stanley Black & Decker in suit alleging that one of its products infringed a design patent. Decision garnered widespread attention throughout the patent law community.
- Won summary judgment in copyright infringement case against Abacus Technology, successfully arguing InDyne’s inability to produce code to compare with version Abacus received from InDyne was fatal to its case. 11th Circuit affirmed.
- Won software licensing contract dispute for CA Technologies in which the Delaware Supreme Court affirmed the lower court's decision rejecting the opponent's $60 million damages claim.

Real Estate
- Represented two companies controlled by the prominent New York real estate developer Sheldon Solow in litigation involving mechanics' liens.
- Provided pro bono representation to nonprofit Community Youth Athletic Center, challenging National City’s “blight” designation.

Securities
- Won federal district court dismissal of putative class action against Century Aluminum Company. Shareholders alleged company misled shareholders regarding financial information in cash flow interim statement. 9th Circuit affirmed. Rehearing denied.
- Represented Capitol Bancorp in challenging share exchange offer for a bank. The 9th Circuit affirmed in our client’s favor in opinion now routinely cited in other cases.

Tax
- Secured victory before the California Court of Appeal for a Fortune 50 medical device company confirming that embedded software is not subject to property taxation even when it is bundled or prepackaged with computer hardware.
- Obtained California Court of Appeal affirmance for major technology company holding long-term lessee of commercial property that paid assessed real property taxes on the property has standing to seek refund.

Trusts & Estates
- Brought in to handle appeal to California Court of Appeal, won reversal of $1.7 million judgment against accountant client/”independent trustee” of a family trust.

Practice Area Highlights

Pillsbury is recognized as among the most feared law firms for litigation by BTI Consulting Group.
U.S. News & World Report/Best Lawyers gives top-tier recognition to Pillsbury’s Appellate practice, ranking our National and San Francisco teams Tier 1 and New York team Tier 2.
Chambers USA has recognized both our Appellate practice and our Appellate lawyers.

Awards

2024 MOST FEARED FIRMS

BTI Consulting recognizes Pillsbury as one of the most feared law firms in litigation.

2022 U.S. News—Best Lawyers Best Law Firms

96 Tier 1 practice rankings in the U.S. News—Best Lawyers 2022 Best Law Firms survey.

Resources

Appellate

Consistently recognized as a leading practice in the U.S., Pillsbury’s Appellate team successfully handles challenging, high-stakes and precedent-setting appeals in courts across the country.

Representative Matters

Practice Area Highlights

Awards

2024 MOST FEARED FIRMS

2022 U.S. News—Best Lawyers Best Law Firms

Resources

Case Study

Case Study

Case Study

Case Study

Upholding the Rule of Law: NELA/New York Cocktail Gala

Demystifying the Transition from Appellate Attorney to Trial Judge: Encouraging Judicial Service by the Appellate Bar

Appellate

Consistently recognized as a leading practice in the U.S., Pillsbury’s Appellate team successfully handles challenging, high-stakes and precedent-setting appeals in courts across the country.

Representative Matters

Practice Area Highlights

Awards

2024 MOST FEARED FIRMS

2022 U.S. News—Best Lawyers Best Law Firms

Resources

Case Study

Case Study

Case Study

Case Study

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