Jeffrey I. Ehrlich wins reversal in Ninth Circuit of summary judgment against paralyzed shipyard worker

Federal Appeals Attorney, Los Angeles California

Jeffrey I. Ehrlich wins reversal in Ninth Circuit of summary judgment against paralyzed shipyard worker

US Court of Appeals 9th CircuitRichard Thompson was rendered a paraplegic when he lost his balance and fell through a defectively-constructed scaffold at the San Diego shipyard of National Steel and Shipbuilding Company (“NASSCO”). NASSCO obtained summary judgment against Thompson in the U.S. District Court for the Southern District of California.

The district court granted NASSCO’s motion on numerous grounds, finding that there was no evidence that NASSCO had furnished unsafe equipment, and no evidence that furnishing the unsafe equipment affirmatively contributed to Thompson’s injuries. The Ninth Circuit reversed and remanded, rejecting all of the district court’s findings.

Download Decision (.pdf)


Our Legal Services

Southern California appeals attorney, Jeffrey Isaac Ehrlich, is an appellate specialist certified by the State Bar of California’s Committee on Legal Specialization. He is the principal of the Ehrlich Law Firm, in Encino, Los Angeles County, California.

 

 

Ehrlich Law Firm wins reversal of summary judgment in sexual-harassment suit against LAPD

California Writs and Appeals Attorney

Ehrlich Law Firm wins reversal of summary judgment in sexual-harassment suit against LAPD, where trial lawyer failed to submit proper opposition declarations

Mistakes Trial Lawyers MakeLAPD Lieutenant Corina Smith claimed that the LAPD had submitted her to a hostile work environment and retaliated against her. The City moved for summary judgment. Smith’s trial counsel submitted a lengthy opposition, but many of the opposition declarations failed to contain a proper jurat under Code Civ. Proc. section 2015.5 (because they failed to indicate that they were either signed in California, or under penalty of perjury under California law.)

The Court of Appeal reversed, finding that the City had failed to show that it was entitled to judgment as a matter of law. (Smith v. City of Los Angeles B209861 (unpublished).


Los Angeles Civil Appeals Attorney

Few attorneys can match Mr. Ehrlich’s appellate experience.  His skill is in analyzing complex legal and factual issues, and presenting them to the court in a clear, persuasive manner. We can help plaintiff’s attorneys with any appellate matter in either the state or the federal appellate courts.

We can defend favorable verdicts and attack unfavorable ones. We can draft writ petitions to seek appellate review of a devastating — but unappealable — trial court ruling, or respond to petitions filed by an opponent. We are experienced in seeking reversals in cases where the defendant has prevailed on summary judgment.

Our Legal Services

Ehrlich Firm wins reversal of summary judgment in case by kindergartener who was sexually molested at elementary school

California Writs and Appeals Attorney

Ehrlich Firm wins reversal of summary judgment in case by kindergartener who was sexually molested at elementary school

Mistakes Trial Lawyers MakeAC was taken from the multipurpose room at an elementary school by a school employee, led onto a stage that was part of the room, and molested. The stage area was effectively screened from view because the school had been using the area to store cartons of books. The trial court granted summary judgment to the district on the ground that the stage could not constitute a dangerous condition on public property, and that there was no proximate cause.

The Court of Appeal reversed, finding that the manner in which the stage had been maintained created triable issues of fact about whether it was dangerous, and that the district had not negated proximate cause as a matter of law. (AC v. Pomona Unified School Distr. (2010) B.215607 (unpublished.)


Southern California Appellate Law Attorney

While we enjoy appellate work and welcome any chance to handle an appeal, all too often we see that if we had been brought into a matter while the case was still pending in the trial court – particularly to oppose a summary-judgment motion – we could have avoided the need for an appeal and set the case in motion to settle. People need lawyers because the law is complex. Busy plaintiffs’ lawyers need our help for this same reason.

We can help you sort out the legal obstacles you must overcome in order to win your case, and prepare a powerful opposition to the following motions:

  • Motions under Daubert and Kuhmo Tires to exclude expert testimony;
  • Motions in limine;
  • Post-trial motions, such as motions for new trial, or JNOV;
  • Motions to compel arbitration; and
  • Where an insurer has refused to defend its policyholder in litigation brought by a third party;
  • Motions to quash for lack of personal jurisdiction

We can also prepare affirmative motions that can increase your chances to prevail, such as motions for summary-adjudication of issues; motions in limine, or motions to remand cases removed from state court to federal court.

Our Legal Services

Ehrlich Law Firm wins reversal of summary judgment for insurer on health-care rescission case

 San Diego Civil Appeals Attorney for Summary Judgment

Ehrlich Law Firm wins reversal of summary judgment for insurer on health-care rescission case

California Courts of Appeal SealAfter the Nazaryetan family’s twins were born with severe brain injuries, Blue Shield rescinded the policy to avoid having to pay for the cost of their care. It claimed that the family had misstated their health history on their application form. The trial court granted Blue Shield’s motion for summary judgment.

The Court of Appeal reversed, finding that whether or not Blue Shield’s underwriting practices were reasonable and designed to resolve all questions on the application was a factual issue that could not be resolved on summary judgment. (Nazaryetan v. California Physician’s Service (2010) 182 Cal.App.4th 1601.)


Our Legal Services

Southern California appeals attorney, Jeffrey Isaac Ehrlich, is an appellate specialist certified by the State Bar of California’s Committee on Legal Specialization. He is the principal of the Ehrlich Law Firm, in Encino, Los Angeles County, California.

Ehrlich Law Firm wins reversal of judgment in favor of McDonalds in suit by cashier shot at drive-through window

California Writs and Appeals Attorney

Ehrlich Law Firm wins reversal of judgment in favor of McDonalds in suit by cashier who was shot at drive-through window

California Court of Appeal Second Appellate District Los AngelesJeanette Thompson was a 16-year old cashier working at a McDonalds’ franchise store in the Crenshaw District of Los Angeles.  She was pulled through the window at the drive-through and shot. In her suit, she claimed that McDonalds’ Corporation controlled the design of the drive through, and failed to install proper protective features.

The trial court granted summary judgment for McDonalds’. The Ehrlich Law Firm obtained a reversal, and the matter will now be proceeding to trial. Thompson v. McDonalds’ Corp., 2009 WL 1653443 (2d District, Unpublished)


Southern California Appellate Law Attorney

While we enjoy appellate work and welcome any chance to handle an appeal, all too often we see that if we had been brought into a matter while the case was still pending in the trial court – particularly to oppose a summary-judgment motion – we could have avoided the need for an appeal and set the case in motion to settle. People need lawyers because the law is complex. Busy plaintiffs’ lawyers need our help for this same reason.

We can help you sort out the legal obstacles you must overcome in order to win your case, and prepare a powerful opposition to the following motions:

  • Motions under Daubert and Kuhmo Tires to exclude expert testimony;
  • Motions in limine;
  • Post-trial motions, such as motions for new trial, or JNOV;
  • Motions to compel arbitration; and
  • Where an insurer has refused to defend its policyholder in litigation brought by a third party;
  • Motions to quash for lack of personal jurisdiction

We can also prepare affirmative motions that can increase your chances to prevail, such as motions for summary-adjudication of issues; motions in limine, or motions to remand cases removed from state court to federal court.

Our Legal Services

Ehrlich Law Firm convinces U.S. District Judge to reconsider summary judgment

Orange County Appeals Lawyer

Ehrlich Law Firm convinces U.S. District Judge to reconsider summary judgment for insurer in $8.2 million bad-faith lawsuit, allowing case to go to trial

Los Angeles Appellate Lawyer to Handle AppealLexington Insurance withdrew its defense of an obstetrician in a medical-malpractice lawsuit, and refused to settle the claim within its $1 million policy limits, resulting in an adverse judgment of $8.2 million. In the resulting bad-faith lawsuit, the district court granted summary judgment to Lexington in May 2009.

The Ehrlich Law Firm prepared a motion for reconsideration arguing that the district court had incorrectly applied the doctrine of collateral estoppel, and that there were triable issues of fact concerning coverage. The motion was granted on June 24, 2009, and the matter is now set for trial in October 2009. Vaid-Raizada v. Lexington Ins. Co., CV08-01106 DDP (CTx) C.D. Cal.


Los Angeles Appellate Lawyer to File Motion for Reconsideration

We can help you sort out the legal obstacles you must overcome in order to win your case, and prepare a powerful opposition to the following motions:

  • Motions under Daubert and Kuhmo Tires to exclude expert testimony;
  • Motions in limine;
  • Post-trial motions, such as motions for new trial, or JNOV;
  • Motions to compel arbitration; and
  • Where an insurer has refused to defend its policyholder in litigation brought by a third party;
  • Motions to quash for lack of personal jurisdiction

We can also prepare affirmative motions that can increase your chances to prevail, such as motions for summary-adjudication of issues; motions in limine, or motions to remand cases removed from state court to federal court.

Our Legal Services

Ehrlich Law Firm wins affirmance of bad-faith claim against insurer

California Writs and Appeals Attorney

Ehrlich Law Firm wins affirmance of bad-faith claim against insurer who refused to defend its insured in $11-million bad-faith claim

California Court of Appeal Third Appellate District SacramentoIn May 2002, Darrel Prindle murdered his ex-wife, Jessica, and shot her sister and her sister’s children. The survivors filed a lawsuit against Jessica’s estate for negligently failing to warn them of Darrel’s prior threats and dangerous behavior. Jessica’s homeowner’s insurer, Travelers, refused to defend the estate in the lawsuit, and refused to settle it for the $100,000 policy limits. The estate later settled with the plaintiffs, who obtained a judgment against it in excess of $7 million, and then assigned its rights to the plaintiffs. The plaintiffs then sued Travelers on the assigned claims. Travelers sought summary judgment arguing that the plaintiffs’ bad-faith claim was defective because they had failed to file a timely claim against Jessica’s estate.

In a published decision, the Court of Appeal affirmed the trial court’s denial of the summary judgment motion, holding that Travelers was estopped to assert the failure to file a timely probate claim, by virtue of its refusal to defend. In re: Estate of Prindle, 173 Cal.App.4th 119 (3d Dist. 2009).  The Ehrlich Law Firm then successfully opposed Travelers’ petition for review in the California Supreme Court.


Los Angeles County Civil Appeals Attorney

Few attorneys can match Mr. Ehrlich’s appellate experience.  His skill is in analyzing complex legal and factual issues, and presenting them to the court in a clear, persuasive manner. We can help plaintiff’s attorneys with any appellate matter in either the state or the federal appellate courts.

We can defend favorable verdicts and attack unfavorable ones. We can draft writ petitions to seek appellate review of a devastating — but unappealable — trial court ruling, or respond to petitions filed by an opponent. We are experienced in seeking reversals in cases where the defendant has prevailed on summary judgment.

Our legal services for attorneys include:

People need lawyers because the law is complex. Busy plaintiffs’ lawyers need our help for this same reason. We can help you sort out the legal obstacles you must overcome in order to win your case, and prepare a powerful opposition to the following motions:

  • Motions under Daubert and Kuhmo Tires to exclude expert testimony;
  • Motions in limine;
  • Post-trial motions, such as motions for new trial, or JNOV;
  • Motions to compel arbitration; and
  • Where an insurer has refused to defend its policyholder in litigation brought by a third party;
  • Motions to quash for lack of personal jurisdiction

We can also prepare affirmative motions that can increase your chances to prevail, such as motions for summary-adjudication of issues; motions in limine, or motions to remand cases removed from state court to federal court.

Learn more about how we can help you in Why retain an appellate lawyer?

Ehrlich Law Firm retained to oppose summary judgments in $100 million insurance dispute

Los Angeles Appellate Attorney

Ehrlich Law Firm retained to oppose summary judgments in $100 million insurance dispute

Appeals Lawyer for Summary JudgmentSeptember 2006

Ehrlich Law Firm retained to oppose 10 summary-judgment motions filed by primary and excess insurance carriers who had issued policies to the Oakland Alameda County Coliseum, in a dispute involving the $34 million judgment obtained against the Coliseum by the Oakland Raiders pending in the Northern District of California.


Hire an experienced trial lawyer for your appeal

While much of Mr. Ehrlich’s experience has been focused on written advocacy, he also has significant trial experience, having tried several jury and bench trials in state and federal court, and having assisted Michael Bidart and Ricardo Echeverria of Shernoff Bidart Echeverria, LLP in winning multi-million-dollar verdicts for their clients.

Mr. Ehrlich is one of the few lawyers who has ever tried and won a claim for bad-faith denial of the existence of a contract – a tort that was created by the California Supreme Court in 1984 and abolished by that court 11 years later. Mr. Ehrlich’s case, Todt v. HOH Water Technologies, Inc., was tried in the U.S. District Court in Los Angeles, and resulted in a $765,000 judgment for the plaintiff, including an award of punitive damages.  More About Jeffrey Ehrlich

Our Legal Services

Ehrlich Law Firm defeats insurer’s summary-judgment motion in $20 million bad-faith dispute

Los Angeles Appeals Attorney for Summary-Judgment Motion

Ehrlich Law Firm defeats insurer’s summary-judgment motion in $20 million bad-faith dispute

Mistakes Trial Lawyers MakeJune 2006 – The Ehrlich Law Firm was retained by Shernoff, Bidart & Darras to oppose a summary-judgment motion in a bad-faith lawsuit against an insurer arising from its refusal to defend its policyholder, who was ultimately hit with a $20 million judgment.  The trial court denied the motion, and the case settled for a confidential amount on the eve of trial in July 2006.


Benefits of hiring The Ehrlich Law Firm to handle your appeal

When large corporate defendants win or lose a jury verdict, or any type of major case at the trial level, they often bring in appellate specialists to handle the post-trial briefing. Why?

Sophisticated clients understand that the skills that win trials are not necessarily the skills that win appeals, and that appellate specialists are often best prepared to defend or attack a verdict on appeal.

Effective lawyering requires a wealth of skills, and most lawyers gravitate to what they enjoy and what they are good at. While most lawyers are called on to write in the course of their practice, few devote themselves to becoming accomplished legal writers.

Only those with a keen interest in writing are likely to take seminars on writing, read books on effective written advocacy, seek out expert editors and subject their writing to blunt criticism, and then practice the lessons learned on countless motions, oppositions, and briefs.

A look at our bookshelf reveals where our interests lie. It is filled with books on writing, usage dictionaries, and written advocacy. We care about writing well, and have devoted considerable effort to develop and maintain our writing skills. [Sample briefs]

As a result of this hard work, and more than 20 years of practice, we are recognized as being among the best plaintiffs’ appellate firms in California. This is why the Consumer Attorneys of Los Angeles – the third largest trial lawyer association in the nation – recognized Jeffrey Isaac Ehrlich its 2004 appellate lawyer of the year.

This is also why Michael Bidart of Shernoff Bidart Echeverria LLP, one of the most successful plaintiff’s attorneys in the nation (and our former law partner) uses us as his appellate counsel.

Our Legal Services


Southern California appeals attorney, Jeffrey Isaac Ehrlich, is an appellate specialist certified by the State Bar of California’s Committee on Legal Specialization. He is the principal of the Ehrlich Law Firm, in Encino, Los Angeles County, California.