appellate

Winning an appeal takes special expertise and experience.  Whether one is aggrieved by a trial court decision or wants to hold onto a trial court victory, having the right appellate lawyer can make all the difference.  Appellate lawyers at Mennemeier, Glassman & Stroud LLP have litigated appeals at every stage of the appellate process, including before the Supreme Court of the United States.  Our firm’s appellate practice is headed by Peg Carew Toledo, who is certified as an Appellate Law Specialist by the California State Bar, Board of Legal Specialization. 

Our firm’s extensive experience in appellate matters includes developing the proper appellate record, framing appellate issues to enhance the chance of winning, writing scholarly appellate briefs, and advocating persuasively at oral argument.  Our firm’s appellate expertise extends to a wide array of issues and areas of substantive law including constitutional law, copyright, employment, energy, environmental, securities, trademark and trade secrets. 

We have extensive experience in both federal and state appellate courts.  Many of our appeals are in defense of our own earlier lower court victories. In other instances, we have taken appeals of cases that were tried by other firms at the trial court level.  We have also drafted amicus briefs on behalf of clients impacted by the outcome of an appeal. In addition, we successfully have prosecuted appellate writs getting important interlocutory review of critical issues. 

Our firm has keen knowledge of the appellate courts as a result of our experience as lawyers appointed to help assist in court administration and as judicial law clerks in the appellate courts.  Ken Mennemeier and Peg both served as law clerks at the Ninth Circuit Court of Appeals.  Peg was the Chair of the Lawyer Representatives Coordinating Committee for the Ninth Circuit and also served a three-year term on the Ninth Circuit Conference Executive Committee.  Andy Stroud, Ken, and Peg all have been lawyer representatives to the Ninth Circuit Judicial Conference.  Most recently, in 2008, Chief Judge Alex Kozinski appointed Peg to the Ninth Circuit Advisory Board. 

Our lawyers have been retained for appellate matters on behalf of Governor Arnold Schwarzenegger, the California Insurance Commissioner, the State of California, the California Department of Corrections and Rehabilitation, Merrill Lynch, the California Infrastructure and Economic Development Bank, Golden State Transportation Financing Co., Smith Barney, Shasta County, Sacramento County and Procter & Gamble.

California Cases

• In re Marriage Cases, 43 Cal. 4th 757 (2008), represented Governor Arnold Schwarzenegger in defending the constitutionality of state statutes that define marriage as a union between a man and a woman.
• Gerling Global Reinsurance Corp. v. Low, 296 F.3d 832 (9th Cir. 2002), rev’d sub nom. American Ins. Assoc. v. Garamendi, 539 U.S. 396 (2003),represented California State Insurance Commissioner in an action challenging constitutionality of California’s Holocaust Victims Insurance Relief Act of 1999. Ninth Circuit reverse summary judgment in favor of plaintiffs and granted summary judgment to Insurance Commissioner.
• California Statewide Community Development Authority v. All Persons, 40 Cal. 4th 788 (2007), obtained reversal from the California Supreme Court of the trial court and Court of Appeal decisions on behalf of a joint powers authority in an appeal raising the issue of whether tax-exempt bond financing for pervasively sectarian schools violates article XVI, section 5 of the California Constitution or the Establishment Clause of the United States Constitution.
• Whitmore Union Elementary School Dist. v. County of Shasta, 87 Cal. App. 4th 574 (2001), superceded by grant of review, 2001 Cal. App. LEXIS 170 (2001), represented the County of Shasta in defending claims that arose from a loss suffered by County Investment Pool, including issues of sovereign immunity.
• In re Keisha T., 38 Cal. App. 4th 220 (1995), successfully represented minors in an appeal to safeguard the confidentiality of court records in juvenile dependency proceedings.
• Thompson v. Miller, 112 Cal. App. 4th 327 (2003), represented appellant-defendant in an appeal from the trial court’s order denying an award of attorney’s fees and expert witness costs.  The appellate court reversed and remanded.
• Marinello v. Merrill Lynch, Pierce, Fenner & Smith Inc., 4 Civil D026627 (1997), represented brokerage firm in trial and appellate court proceedings to compel arbitration under written arbitration agreement.
• Donlon v. Smith Barney Inc., 3 Civil C021029 (1997), obtained summary judgment for brokerage firm dismissing customer claims for untimeliness under arbitration forum’s eligibility rules, and obtained judgment on appeal affirming lower court’s judgment.
• San Luis Coastal Unified School Dist. v. Kunkel, 16 Cal. App. 4th 1407 (1993), review denied and decision ordered not published, 1993 Cal. LEXIS 5287 (1993), successfully represented unified school district in validation action to validate school district bond financing.
• Southern Pacific Pipelines, Inc. v. Board of Supervisors, 9 Cal. App. 4th 451 (1992), successfully represented County of Sacramento in defending against property owner’s attempt to invalidate a special assessment district.
• Banks v. International Billing Services, 2003 Cal. App. Unpub. LEXIS 10567, successfully represented law firm in a malicious prosecution action at the trial court and on appeal; appellate decision affirmed trial court’s summary judgment in favor of defendants. 
• Beavers v. Allstate Insurance Co., 225 Cal. App. 3d 310 (1990), represented insurance company in appeal from judgment in case involving an alleged bad faith cancellation of an insurance policy.

Federal Cases

• American Ins. Assoc. v. Garamendi, 539 U.S. 396 (2003), defended the California Insurance Commissioner in actions brought by international insurance companies challenging the constitutionality of California’s Holocaust Victims’ Insurance Relief Act.  Summary judgment in favor of the Insurance Commissioner was overturned by the United States Supreme Court in a 5-4 decision. 
• Mkrtchyan v. Gonzales, 215 Fed. App’x. 624 (9th Cir. 2006), obtained a reversal in an asylum case of an adverse credibility determination by the immigration judge and the Board of Immigration Appeals. 
• Marquez v. Gutierrez, 322 F.3d 689 (9th Cir. 2003), represented prison inmate in Section 1983 action that arose from his having been shot by a prison guard during a prison yard disturbance.
• United States v. 5145 North Golden State Boulevard, 135 F.3d 1312 (9th Cir. 1998), represented property owner in civil forfeiture appeal.

Other State Appellate Cases

• Machado-Miller v. Mersereau & Shannon, LLP, 180 Ore. App. 586, 43 P.3d 1207 (2002), represented individual in appeal from dismissal of legal malpractice claim that presented complex choice-of-law issue.
• Amalgamated Transit Union Local 587 v. State of Washington, 142 Wn. 2d 183, 11 P. 3d 762 (S. Ct. Wash. 2000), successfully challenged initiative as unconstitutional for violating the single subject rule.