Experienced Handling of Appeals
Appeals are a natural outgrowth of our business and commercial litigation practice, and we relish the opportunity to carry cases to a definitive conclusion before higher courts. Blecher Collins & Pepperman is well known for our effective trial advocacy and an impressive appellate record.
Our attorneys have achieved important victories in precedent-setting cases involving antitrust and unfair competition law, complex business litigation, securities litigation, and a variety of other matters.
Representative Cases: Our Appeals Have Changed the Business Landscape
- A ruling in favor of our client, the Los Angeles Coliseum, cleared the way for the Oakland Raiders football team to relocate to L.A. by exposing the NFL’s policies blocking the move as unlawful restraint of trade. Los Angeles Memorial Coliseum Commission v. National Football League, 726 F.2d 1381 (9th Cir. 1984)
- The Ninth Circuit Court of Appeals upheld an antitrust ruling against Eastman Kodak, in which Blecher Collins & Pepperman represented a group of independent service companies (ISOs) frozen out of the market when Kodak stopped selling them replacement parts. Image Technical Services, Inc. v. Eastman Kodak Co., 125 F.3d 1195 (9th Cir. 1997)
- Our client, a manufacturer of surgical gloves, recovered $19 million after two trials and two appeals in antitrust litigation against a subsidiary of industry giant Johnson & Johnson for a pattern of unfounded patent infringement suits intended to quell competition. Handgards, Inc. v. Ethicon, Inc., 743 F.2d 1282 (9th Cir. 1984)
- We prevailed in defending a California-based movie theater chain in an antitrust case brought by the U.S. Department of Justice. The frequently cited Ninth Circuit ruling held that our client did not violate monopoly laws by acquiring all the first-run theatres in Las Vegas. United States v. Syufy Enterprises, 903 F.2d 659 (9th Cir. 1990)
- The Supreme Court of California upheld our client’s damage award against Matsushita for unfair competition in the form of price discrimination. ABC International Traders, Inc. v. Matsushita Electric Corp., 14 Cal. 4th 1247 (1997)
- In a groundbreaking decision, the Supreme Court of California ruled that our client could bring suit against Lockheed Martin for tortious interference with prospective economic advantage. Korea Supply Co. v. Lockheed Martin Corp., 29 Cal. 4th 1134 (2003)
- The Supreme Court of California ruled that an antitrust class action could not proceed to trial against our client and other major oil companies in a landmark ruling interpreting California’s summary judgment standard. Aguilar v. Atlantic Richfield Co., 25 Cal. 4th 826 (2001)
- The Ninth Circuit Court of Appeal ruled that our client could proceed with antitrust and other claims against Ikon corporation. Newcal Industries, Inc. v. Ikon Office Solution, 513 F.3d 1038 (9th Cir. 2008)