Appellate Practice
We have worked on dozens of appeals in both federal and state courts. The firm has acted as an appellate consultant to other lawyers and firms, especially in connection with appeals in the United States Court of Appeals for the Ninth Circuit.
Representative Cases:
- Hoffman v. Regence BlueShield (Washington Supreme Court). Represented plaintiff class of over one million policyholders in consumer class action. Federal court certified state law questions involving interpretation of “Every Category of Provider” statute to Washington Supreme Court. Supreme Court ruled unanimously in favor of plaintiff class, which paved way for $30.4 million award to the class in 2002.
- All Alaskan Seafoods, Inc. v. Raychem Corp. (U.S. Court of Appeals, Ninth Circuit). Represented plaintiff seafood processing company in products liability action in which company’s $30 million processing vessel was destroyed in fire. Trial court granted summary judgment in favor of supplier of heating cable. On appeal, Ninth Circuit reversed summary judgment and remanded for trial on plaintiff’s product liability claims.
- Downey v. Crowley Marine Services, Inc. (U.S. Court of Appeals, Ninth Circuit). Represented plaintiff, a former tugboat engineer, in disability discrimination action. Trial court granted summary judgment to defendant employer. Ninth Circuit reversed, holding that simple notice to employer of employee’s disability triggers employer’s duty to accommodate disability under Washington law.