Appellate

California Supreme Court decision establishing the economic loss rule that there is no recovery in tort for defects that have not caused damage to property other than the product itself.

Jim was contacted by a Marin County homeowner who had just lost a jury trial with former contractors and was facing a judgment in excess of $500,000.  Jim reviewed the trial records and identified three key areas that appeared to be viable grounds for appeal.  He filed the appeal, briefed and argued the case, and won on all three issue, reversing the judgment.

Newmeyer Dillion defended an appeal taken regarding certain plaintiffs’ failure to diligently prosecute their case, as they are required to do under California law.

District court erroneously restricted scope of claims to be presented in arbitration proceedings.  Drafted principal briefs on appeal, and assisted in preparation for oral argument to Ninth Circuit Court of Appeals.  Obtained partial reversal of district court decision in favor of client.

Associated in as appellate counsel after client suffered adverse ruling on summary judgment.  Drafted opening and reply briefs, as well as supplemental brief requested by the Court of Appeal.  Argued the matter to the Court of Appeal.  Obtained reversal of the trial court’s ruling, in a published opinion.

Drafted multiple opposition briefs on appeal and in response to petition for writ of supersedeas, defending a default judgment obtained by the client.  Assisted in preparation of and presentation of oral argument to the Court of Appeal.  Obtained affirmance in favor of client, which had significant positive ramifications for client’s commercial dealings worldwide.

Our homebuilding client with a captive lending unit faced a claim for alleged federal lending violations. After having the claim kicked out of trial court, our client faced an appeal challenge at the 9th Circuit. The Newmeyer Dillion team successfully navigated the process and preserved the win, enabling our client to remain in business in a tumultuous housing market.

Newmeyer Dillion has actively supported the building industry’s efforts to resolve homeowner claims through the Right to Repair law enacted by the California legislature.  As counsel for an amicus building industry association, Newmeyer Dillion has filed briefs in several matters to support and protect the right to repair, and participated in oral argument in the critical matter that resulted in an upholding of the builders’ position.

Our client sought benefits due under its excess policies, and an international insurer sought to force arbitration in London. The unfriendly overseas venue could potentially leave the client juggling inconsistent legal determinations between the arbitration and pending litigation involving another insurer. We successfully convinced the trial court, and then the appellate court to deny arbitration based on public policy, California substantive law provisions, and the policy terms, resulting in a major victory for our client and a very favorable settlement.

Trial court erroneously granted insurance carrier’s motion for summary judgment against client’s Insurance Code section 11580 and breach of implied covenant of good faith and fair dealing causes of action.  Fourth District Court of Appeal reversed the trial court’s ruling in its entirety through a published opinion.  (Thomas Guastello v. AIG Specialty Insurance Company (2021) ---- Cal.Rptr.3d ----.)