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

ERISA Indus. Comm. v. City of Seattle
840 F. App’x 248 (9th Cir. 2021)
Keller Rohrback and the Seattle City Attorney persuaded the Ninth Circuit to affirm the dismissal of an industry group’s ERISA preemption lawsuit, which sought to invalidate a City ordinance mandating the payment of additional compensation to enable hotel employees to better afford health care. On November 21, 2022, the U.S. Supreme Court denied a petition for certiorari, thereby ending efforts to invalidate the City ordinance.

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.

Hall v. Elected Officials Retirement Plan 
241 Ariz. 33, 383 P.3d 1107 (2016). Keller Rohrback successfully represented a class of all sitting Arizona general jurisdiction judges in a challenge to the legisla-ture’s reduction of their retirement benefits as in violation of the Arizona constitution

Kaplan v. Saint Peter’s Healthcare Systems, 810 F.3d 175, 177 (3d Cir. 2015);
Stapleton v. Advocate Health Care Network, 817 F.3d 517, 523 (7th Cir. 2016);
Rollins v. Dignity Health, 830 F.3d 900, 906 (9th Cir. 2016); rev’d, 137 S. Ct. 1652 (2017)
Keller Rohrback obtained unanimous decisions from panels of the Third, Seventh, and Ninth Circuits that religiously affiliated health care systems were not exempted from ERISA, the federal pension law, by virtue of a particular provision of the relevant statute. Keller Rohrback also defended the appellate decisions in the U.S. Supreme Court, which disagreed with the Circuits on the statutory interpretation issue presented and remanded for further litigation, which Keller Rohrback also handled, on other sources for a possible statutory exemption.

Smith v. OSF Healthcare Systems 
933 F.3d 859 (7th Cir. 2019)
Keller Rohrback successfully obtained reversal of summary judgment in litigation to protect the pension benefits of hospital employees. The Seventh Circuit held that the trial court abused its discretion by granting a summary judgment motion filed long before the close of discovery when plaintiffs were diligently pursuing relevant discovery and had filed a well-supported motion under Federal Rule of Civil Procedure 56(d).

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.

Campidoglio, LLC v. Wells Fargo & Co. 
870 F. 3d 963 (9th Cir. 2017). This is a proposed class action arising out of Wells Fargo’s alleged miscalculation of the interest rates charged to Borrowers. The Ninth Circuit reversed the dismissal finding that the Home Owners’ Loan Act does not preempt the Borrowers’ interest rate calculation breach of contract claim, which arises under Washington law.

Comerica Bank v. Mahmoodi 
224 Ariz. 289 (App. 2010). Keller Rohrback successfully reversed a multi-million dollar judgement entered on summary judgment for a plaintiff. The opinion is a major statement in Arizona on the principles of summary judgment practice.

James v. PacifiCorp
No. A179017 (Oregon Court of Appeals, Jan. 25, 2023). Keller Rohrback successfully defended in the Oregon Court of Appeals a trial court’s order certifying a liability issues class of fire survivors, the first class certification order of its kind in a major utility-caused fire case.

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