Your Civil Appeal Demands The Right Lawyer: One With Jury Trial And Appellate Experience In That Litigated Issue.
Before hiring a lawyer to handle your appeal, be sure they have demonstrated jury trial and litigation experience in the issues being litigated. There is nothing like a jury trial – especially one where the stakes are high – to determine whether your lawyer is any good or not. I am sure there are appellate lawyers that handle toxic tort cases. Good for them. If a toxic tort case presented itself, I’d “punt” the appeal to someone knowledgeable about it, as I have no relevant experience in that area, nor is this the time to learn on the job. My appeals concern real estate, business litigation, defamation and contract matters. Our legal writing and research skills are on-par with the very best lawyers, but we typically charge less than comparable attorneys. Of course, my prior track record is not a guarantee that I will win or defeat the appeal, as lawyers are not allowed to make guarantees of any legal outcome. Give us a call. We’ll be happy to assist you.
When making your assessment of whether or not you have the “right” lawyer, ask if they are an “appellate specialist,” a member of “Super Lawyers,” or went to a “good” school. And be sure to meet with your lawyer before hiring them.
My Defamation Lawsuit Went To The California Supreme Court.
After I was defamed online, I started getting the fake reviews taken down, and then went on a quest to uncover their identities and sued them. Two of them filed anti-SLAPP motions, which I defeated. Then, one of the defendants appealed the trial court’s decision. I drafted the appellate brief, argued the matter, and then defeated the appeal. In fact, I defeated the appeal so soundly that the Appellate Court said that the defendant didn’t even warrant First Amendment protection. They have (predictably) appealed again, and the matter went before the California Supreme Court, which, due to a change in the law after the case was filed, had the matter sent back to the Appellate Court for a new determination. I filed new supplemental briefing, argued the matter in person before the Court of Appeal, and defeated the appeal for a second straight time. For those keeping score, I defeated both anti-SLAPPs and both appeals. After six years, the case can now head back to the trial court.
In a defamation action where I represented a doctor, I went up against an “appellate specialist,” with a “Super Lawyers” designation, and sent him packing with a unanimous ruling against him. My 43 page brief contained cites to the very cases used by the Appellate Court to get me the win.
Appeals:
In a defamation action involving my firm, I defeated both anti-SLAPP motions. One of the defendants appealed the loss. I drafted the nearly 70 page appellate brief and argued the matter before the Court of Appeal – and won. The Appellate Court ruled that the defendant’s statements did not warrant any First Amendment protection. The defendant appealed again, where the California Supreme Court granted review, sent the matter back to the Appellate Court for a new determination based upon changes in the law, and the Appellate Court once again affirmed its earlier decision and gave me the victory.
In a lawsuit brought by a law firm and its employees alleging defamation and other claims, there were two anti-SLAPP motions filed, which were partially granted, and then appealed. The two appeals were consolidated. I was asked to write a substantial portion of the appellate brief dealing with cyber-harassment and cyber-stalking within the defamation arena, and to argue portions of the brief. I also wrote the supplemental brief on “civility” required by members of the Bar. The Appellate Court completely found for our clients, reversed the trial court’s awarding of attorney’s fees, and held that no anti-SLAPP protection was available at all. The Appellate Court also required the trial court to make findings whether the lawyers engaged in the conduct being alleged, and if so, to report them to the Bar.
[Confidential] (defamation, tortious interference). I represented the plaintiff. I defeated the anti-SLAPP motion, and the defendant then appealed the ruling. I then prepared the appellate brief, which was so convincing that the defendant agreed to dismiss her appeal in exchange for not being sanctioned for attorney’s fees.
Chavos & Rau v. ProCourier, Inc. (fraud, RICO – Complex Court). Case Number 30-2010-00397235. I, along with Paul Rafferty of Jones Day, defended a courier company against a bogus class action. We prevented the class from being certified, had plaintiff’s counsel disqualified, their subsequent counsel declared incompetent, had the RICO claims dismissed, and then unanimously defeated the appeal. Mr. Rafferty argued the appeal.
[CONFIDENTIAL] My client brought a defamation action against his former spouse. I defeated the anti-SLAPP motion, and the appeal. I drafted the appellate brief and argued the case before the Appellate Court.
(2016) Sainz v. Leiva. 14U113246. I unanimously defeated an appeal by BASTA of my 12-0 jury verdict at the Santa Monica Superior Court involving a complex eviction from a rent-controlled property. Not only did I evict the scam tenant after a jury trial (and prevailed on 94 of 96 questions decided by the jury), but unanimously defeated BASTA’s appeal before the Appellate Department in Los Angeles. I wrote the appellate brief, and didn’t need to argue the matter since BASTA failed to even appear for oral argument. I took the case largely for free because a kind senior citizen was about to lose her building to a rent strike organized by this scam tenant. The City inspector said it was among the nicest buildings in the city. My client had openly discussed suicide because the trouble and mental suffering they imposed upon her.
(2012) [CASE CONFIDENTIAL].I appealed a demurrer sustained without leave to amend in Complex Court. The appeal led to settlements with various defendants. In that case, I also obtained a court order shutting down the disbursement of contractor funds on a public works project at a university.
https://www.revealcalifornia.com/attorney/patrick-j-darcy-attorney-law-907262
https://www.martindale.com/attorney/patrick-joseph-d-arcy-11584780/