Altshuler Berzon LLP represents clients in both federal and state appellate courts, including the United States Supreme Court and state supreme courts. Our firm is widely recognized for its expertise in appellate litigation. In addition to litigating appeals in cases we handled in the trial court, litigants and other law firms engage us to handle their pending appeals. Our appellate clients include individuals, labor unions, public interest organizations, and government entities.
- Obtained a unanimous California Supreme Court decision holding that prevailing plaintiffs who seek private attorney general fees are not required, as a condition of eligibility for a fee award, to demonstrate that they made efforts to settle their dispute before filing their civil complaint.
- Overturned on appeal a California Superior Court decision approving a settlement agreement that impaired the statutory and contractual rights of public school teachers, over the objection of the teachers’ union (which had not agreed to the settlement), on the grounds that the approval of the settlement violated the teachers’ due process right to an adjudication of the merits of the underlying claim and the requirements of the California statute regarding judgments based on settlements.
- Successfully briefed and argued a Third Circuit appeal and briefed a Ninth Circuit appeal in cases establishing that NCAA student athletes have a state law right-of-publicity in the commercial use of their likenesses that is sufficient to overcome video game manufacturers’ First Amendment defense, later resulting in a $40 million settlement.
- Representation of the United Farm Workers before the California Supreme Court in defense of the constitutionality of a California law requiring binding interest arbitration to resolve agricultural labor disputes.
- The defense on appeal of a trial court order requiring paint manufacturers to contribute over $1 billion to abate hazards caused by deteriorating lead-based paint in private homes.
A more extensive description of our appellate victories can be found on our Firm Resume.