Appeals

appeals

Lara’s appellate practice focuses on high-stakes business cases raising nuanced issues, such as California’s anti-SLAPP statute; breach of contract and fiduciary duty; real-estate disputes; unfair competition and false advertising under California’s Business and Professions Code section 17200; and insurance-related disputes.

 

Examples of Lara’s state appellate practice include:

  • Successfully represented a commercial landlord in cross-appeals from the trial court’s orders on pre-trial and post-trial motions and jury verdict. The case raised novel issues regarding the duration of commercial real-estate leases and the availability of punitive damages arising from breach-of-quiet-enjoyment claims.
  • Cross-appeals from the trial court’s orders on dueling motions under California’s anti-SLAPP statute. The case arose from a complex real-estate deal and a purported $34 million lien. Among the many novel legal issues raised was whether the filing of a false notice of lien constituted protected speech under the anti-SLAPP statute. After fully briefing the cross-appeals, the parties settled.

Examples of Lara’s federal appellate practice include:

  • Successfully petitioned the U.S. Court of Appeals for the Third Circuit (in Pennsylvania) for permission to immediately appeal from the district court’s certification of a class action. The federal lawsuit alleged that a magazine publisher’s automatic renewals violated a little-known section of the U.S. Postal Reorganization Act. The district court certified the class before considering whether that statute created a private right of action. Federal appellate courts rarely grant petitions for immediate review of class certification orders—but the Third Circuit granted this one.
  • Closer to home, in the Ninth Circuit, Lara successfully defended a jury’s findings on liability and damages in a copyright infringement case.

 

Lara can be reached at (310) 975-8513 or at LKrieger@LaraKriegerLaw.com.

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