Appeals 

Kesselman Brantly Stockinger LLP‘s appeals practice provides thorough research, thoughtful writing and persuasive oral advocacy. Our attorneys have experience at both the federal and state appellate levels and have submitted briefs to the United States, Hawaii and California Supreme Courts.

The firm frequently frames trial court briefs with an understanding that an appeal may be necessary. Because of our lawyers’ extensive experience, we offer full service to our clients with the ability to handle legal issues at all stages of litigation – without the need to hire separate appellate counsel.

The firm has attorneys who served as former federal appellate law clerks, which adds to their depth of experience, as well as their practical experience practicing before appellate courts.

Examples of KBS’s Appellate Practice:

• KBS represented Aloha Sports in an appeal of a summary judgment ruling before the Hawaii Supreme Court. KBS successfully briefed and argued to the Hawaii Supreme Court that summary judgment should not have been granted on Aloha Sports’ Hawaiian state law antitrust claim against the NCAA. The decision was unanimous and memorialized in a 39-page published opinion. A copy of the opinion can be found at http://www.courts.state.hi.us/wp-content/uploads/2018/11/SCWC-15-0000663.pdf.
• After successfully obtaining a motion to dismiss federal antitrust claims on behalf of a technology company specializing in electrical systems in federal district court, KBS successfully briefed and argued the appeal before the Federal Circuit.
• After successfully obtaining a motion to dismiss federal antitrust claims on behalf of a union in federal district court, KBS successfully briefed and argued the appeal before the Ninth Circuit in a case involving the application of the Noerr Pennington doctrine.
• Prior to joining KBS, Mr. Kesselman was part of the team that represented a U.S.-based company against a large multinational conglomerate in a business interference lawsuit involving military procurement contracts in the Republic of Korea. Mr. Kesselman was the primary author of the briefs at the California Supreme Court that resulted in the landmark decision in Korea Supply Co. v. Lockheed Martin Co., 29 Cal. 4th 1134 (2003).
• KBS attorneys authored and submitted an amicus brief on behalf of California practitioners and scholars addressing the scope of California’s unfair competition law in Epic Games, Inc. v. Apple Inc., 67 F.4th 946 (9th Cir. 2023).

When Can You Appeal A Court Decision?

In California, you may only appeal a court decision if you are an aggrieved party affected by an appealable order or a final judgment. Timing matters, as you must file a notice of appeal within 60 days after receiving a Notice of Entry of judgment or within 180 days of the formal entry of judgment if no notice emerged. Missing this deadline can result in losing your right to appeal.

Your filing should show that the trial court made a legal mistake that affected the outcome. Common valid grounds can include, but are not limited to, procedural errors, misapplied laws, evidentiary mistakes and incorrect calculation of damages. You cannot file an appeal because you did not agree with the decision, found it unfair or want a new trial with a different judge.

What Happens During The Appeals Process?

The appeals process in California has several key stages. First, you must determine whether you have the grounds to appeal a final judgment. Submitting a notice of appeal within the deadline comes next. Then, you must decide on which trial documents, transcripts and exhibits to send to the higher court.

The next step involves composing a legal argument demonstrating how the trial judge erred. Then, you need to present your case in person before a panel of appellate judges. Once the court has decided, the judges will send you a written ruling on your appeal.

Possible Outcomes Of An Appeal

Your appeal case may result in five different ways. The court may affirm, modify or reverse the trial court’s judgment. Sometimes, the court may send the case back to the trial court for a new hearing, or dismiss the appeal due to procedural issues or late filing.

We Provide Reliable Guidance On Appeals

Although California allows you to file an appeal, it does not necessarily mean you should always do it. This legal process comes with high costs, and a decision may take months or years to arrive after your notice. Before you do anything, it would be best to seek legal advice.

The attorneys at Kesselman Brantly Stockinger LLP, can review your case’s final order and provide honest feedback on your options. Should you need to file an appeal, we are here to guide you through the process. Call us at 310-307-4555, or complete our online contact form to schedule a free consultation.