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APPELLATE
PRACTICE GROUP
Overview
Cummins & White, LLP has an outstanding track record in
handling appellate matters at all judicial levels, from state
appellate courts to the California Supreme Court, as well
as the United States Court of Appeal in various circuits throughout
the United States. From the firm’s inception, our Appellate
Practice Group has played a dynamic and influential role in
the establishment of new law, both federal and state, particularly
in the areas of insurance, business, real estate and personal
services.
The Practice
Cummins
& White routinely handles appeals and writs in matters
in which we were involved at the trial court level, and we
also take on new matters which were handled by other law firms.
We represent appellants, respondents, real parties in interest,
and amici curiae. Our lawyers get results because they have
the experience and ability to understand and balance the intricacies
of legal issues with appellate court procedures in light of
the "big picture" presented by the actual case.
We want clients to have a clear, realistic sense of the likely
outcome of their appeal. Our approach is pragmatic, and begins
with our legal team reviewing the evidentiary record and existing
law, and then presenting the client with a cogent analysis
of the probable results. Particular care is given in analyzing
the benefits of proceeding against the risks of a negative
result, both in terms of cost and the potential business impact
of a published appellate decision. Because our lawyers are
among the top in their respective fields and are always tuned
in to new and imminent legal decisions in their practice areas,
we are very rarely mistaken in our estimation of the outcome
of any given appeal.
Established Law
Cummins & White has represented clients in connection
with a number of important California Supreme Court decisions,
including Bertero v. National General Corporation
(1974) 13 Cal. 3d 43; Schwartz v. McGraw-Edison Company
(1971) 14 Cal. App. 3d 767; Bank of the West v. Superior
Court (1992) 2 Cal. 4th 1254; and Gruenberg v. Aetna
Insurance Company (1973) 9 Cal. 3d 566. Marsh &
McLennan, Inc. v. Superior Court (1989) 49 Cal. 3d 1.
Cummins & White has handled countless appeals in appellate
courts, including such groundbreaking published decisions
as those in Chateau Chamberay Homeowners Assoc. v. Associated
International Ins. Co. (2001) 90 Cal. App. 4th 335; APSB
Bancorp v. Thornton Grant (1994) 26 Cal. App. 4th 926;
Henry v. Associated Indemnity Co. (1990) 217 Cal.
App. 3d 1405; Ford v. Hites (1975) 47 Cal. App. 3d
828; Scott v. Continental Insurance Company (1996)
44 Cal. App. 4th 24; Stone v. The Regents of the University
of California (1999) 77 Cal. App. 4th 736; Strickland
v. Federal Insurance Company (1988) 200 Cal. App. 3d
792; Wollersheim v. Church of Scientology of California
(1993) 6 Cal. Rptr. 2d 532.
A Final Word
Cummins & White provides professional, timely and exceptional
legal service in every appellate matter we handle. We are
mindful of the costs associated with the appellate process,
and carefully review and analyze a matter before counseling
a client as to the appropriate strategy, particularly in light
of the potential business and legal ramifications of an appeal.
Clients are apprised before significant expenditure of time
or money of the likely outcome and the potential business
and legal ramifications of the appeal. Once the decision is
made to proceed, clients are in the best possible hands to
achieve their legal objectives.
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