Writs, Motions, & Appeals
Experienced Appellate Counsel
McCune Wright Arevalo, LLP (MWA) is co-counseling with law firms in need of specialized appellate and law and motion support. The influence of the written word in legal practice has never been stronger than it is now. Overburdened courts are shortening hearings or dispensing with them altogether. Instead, they are relying on the parties’ briefs to educate them about the case and guide their judgments. Since courts may confront dozens of briefs a day, they look to attorneys to provide them what they need to know in an efficient, powerful, and organized way.
Despite best efforts, sometimes courts still get it wrong. At that point, a case may benefit from a new pair of eyes – lawyers who have years of experience analyzing and preparing cases for appellate courts. In such cases, appellate counsel works seamlessly with trial counsel to leverage trial counsel’s mastery of the case while identifying and addressing the trial court’s errors in a fresh and compelling way.
Since MWA’s founding in 2007, our team of 20+ attorneys has excelled at written advocacy. Our attorneys have briefed and argued cases at every level from the United States Supreme Court to the local county courthouse, and in doing so have won a reputation for clear, concise, and powerful written advocacy with the results to prove it.
If you have a complex motion or appeal, our team can help maximize your odds of success. Contact us today at (909) 345-8110.
Accepting cases on a contingency basis, our appellate lawyers are available to handle:
- Appeals for cases dismissed as a result of dispositive judgments (motions to dismiss, summary judgments, anti-SLAPP motions)
- Appeals defending substantial trial verdicts
- Appeals for cases lost at trial due to improper court rulings
- Complex dispositive motions
Writs, Motions, & Appeals practice group leader Steven Haskins has specialized in written advocacy since he began practicing law in 2005. Before joining MWA as partner in 2019, Mr. Haskins drafted appeal briefs for cases before the U.S Supreme Court, the California Supreme Court, the Ninth Circuit Court of Appeals, the California Court of Appeals, and various other appellate courts around the United States. He has also drafted amicus curiae briefs for the U.S. and California Supreme Courts and the Central District of California. In addition to his appellate practice, Mr. Haskins maintains a robust trial court practice, where he specializes in complex litigation and class action practice.
MWA Representative Cases
MWA’s class action and product liability practices have always depended on the success of its written advocacy. As a result, MWA has established a strong team of attorneys, some of whom have clerked for judges and all of whom have developed and demonstrated expertise in legal research and writing to maximize our clients’ and our co-counsel’s clients’ chances for success.
MWA’s representative cases include:
- Gutierrez v. Wells Fargo Bank, N.A
Ninth Circuit affirmed a $203 million trial verdict holding that bank wrongly charged overdraft fees to consumers.
- Varela v. Lamps Plus
Ninth Circuit affirmed the trial court‘s order denying the Defendant’s motion to compel arbitration and to enforce class waiver. The Ninth Circuit’s order was taken up by the U.S. Supreme Court where MWA partner Michele Vercoski briefed and argued the case. The U.S. Supreme Court followed the trend of enforcing arbitration clauses and reversed the Ninth Circuit.
- Bennett v. Filter Recycling Services
Successfully obtained the dismissal of an appeal from a bankruptcy court’s order of remand to the state court.
- Cooper v. State Farm Mutual Insurance
California Court of Appeal affirmed trial court’s determination that insurance company was responsible for destroying evidence.
- Eastman Kodak Co., et al. v. Henry Bath, LLC, et al.
Second Circuit reversed summary judgment issued by the trial court in an antitrust MDL.
- Elite Logistics Inc. v. Hanjin Shipping Co., 2014 WL 4654383
Ninth Circuit affirmed district court’s order denying petition to compel arbitration based on unconscionability of arbitration clause and successfully opposed defendant’s subsequent petition for writ of certiorari to the United States Supreme Court.
- Elite Logistics Inc. v. Wan Hai Lines (America) Ltd.
California Court of Appeal reversed the trial court’s ruling that MWA’s client was subject to binding arbitration on grounds of unconscionability.
- Tostado v. City of Lake Havasu
Arizona Court of Appeals reversed trial court’s issuance of summary judgment against client on grounds that municipality could not claim absolute immunity and material issues of triable fact existed on the merits.
- Lusnak v. Bank of America, N.A.
Ninth Circuit reversed trial court’s dismissal ultimately resulted in a $35 million settlement and change of the bank’s overdraft practices.
- Lowry v. Johnson Marine
California Court of Appeal affirmed a $4.28 million trial verdict in a boating product liability action.
Call McCune Wright Arevalo, LLP at (909) 345-8110 to see how we can assist you with your motion or appeal.