Appellate Successes

Appeals require specialized skills and experience, and Keller Rohrback has a seasoned appellate team that includes award-winning brief writers and outstanding oral advocates. Our appellate experience is particularly important in large cases, including complex class actions. Keller Rohrback has the experience and talent to handle any issue that arises involving interlocutory appeals and will work to ensure that any judgment or settlement is affirmed on appeal.

Representative Cases & Successes

Baker v. Microsoft Corp.
797 F.3d 607 (9th Cir. 2015). In this proposed class action arising from a defect in Microsoft’s Xbox 360, Keller Rohrback persuaded the Ninth Circuit that the trial court had erred by striking the class allegations from the complaint.

Alcantara v. Bakery & Confectionary Union
751 F.3d 71 (2d Cir. 2014). Keller Rohrback successfully defended the trial court’s decision and judgment that the defendants had unlawfully reduced pension benefits.

Gates v. UnitedHealth Group Inc.
561 F. App’x 73 (2d Cir. 2014). Keller Rohrback persuaded the Second Circuit to reverse the district court’s dismissal of our client’s claims for medical coverage.

Wurtz v. Rawlings Co.
761 F.3d 232 (2d Cir. 2014). Keller Rohrback submitted an amicus brief on behalf of the New York State Trial Lawyers Association in support of the appellants. The Second Circuit cited the amicus brief and adopted much of its reasoning in reversing the trial court.

Heckman v. Williamson County
369 S.W.3d 137 (Tex. 2012). Keller Rohrback represented a proposed class of indigent criminal defendants who challenged the constitutionality of a number of pretrial procedures. Keller Rohrback persuaded the Texas Supreme Court to reverse the Texas Court of Appeals and allow the plaintiffs to proceed with their claims.

Braden v. Wal-Mart Stores, Inc.
588 F.3d 585 (8th Cir. 2009). Keller Rohrback represented a class of Wal-Mart employees who alleged that Wal-Mart’s 401(k) plan charged them excessive fees. Keller Rohrback convinced the Eighth Circuit to reverse the trial court and reinstate the employees’ claims.

In re Syncor ERISA Litigation
516 F.3d 1095 (9th Cir. 2008). Keller Rohrback represented a group of workers who alleged that their employer had violated the law by investing their retirement savings in the employer’s stock. Keller Rohrback convinced the Ninth Circuit to reverse the dismissal of the trial court and reinstate the workers’ claims.

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