Appellate Cases

Published Decisions Include:

PEOPLE V COLLINS, 26 Cal.4th 297 (2001)

New Trial Ordered in ’96 Sex Case, Right to Jury Improperly Given Up , San Francisco Chronicle August 3, 2001 article on the California Supreme Court’s decision in which the California Supreme Court held that in bargaining with the defendant to secure a waiver of his right to a jury trial, the trial court violated its obligation to remain neutral, which amounted to a ‘structural error’ necessitating reversal of the defendant’s felony convictions.

MONTALVO, ET, AL. V. SPIRIT AIRLINES, ET. AL., 508 F.3d 464 (9th Cir. 2007)

Ninth Circuit docket number 05-15640: 14 consolidated appeals from U.S. District Court ruling that claims for personal injury from deep vein thrombosis (blood clot) against several airlines are barred due to pre-emption by federal law. The challenged ruling appears at In re Deep Vein Thrombosis Litigation, MDL No. 04-1606, 2005 WL 591241 (N.D. Cal. March 11, 2005).

Appeals Court Revives Deep-Vein Thrombosis Suits Against Airlines , San Francisco Chronicle October 4, 2007 article on the Ninth Circuit’s decision in Montalvo, et. al. v. Spirit Airlines.

SANDERS, ET. AL. V. CITY OF SEATTLE, ET. AL., 160 Wn.2d 198 (2007)

Washington Supreme Court number 78579-1: appeal on behalf of anti-war protestors challenging Washington Superior Court determination that private shopping center did not violate their rights to freedom of expression by ordering them to lower protest signs, while they used public easement in shopping center.

This case was heard in the Supreme Court, because the Supreme Court, on its own motion, transferred the case from the Court of Appeals to the Supreme Court under Washington Rule of Appellate Procedure 4.4. No supplemental brief was filed in the Supreme Court.


Appellants’ Opening Brief in Sanders, et. al. v. City of Seattle, et. al., Supreme Court No. 78579-1, filed August 23, 2005. (pdf document).

Protesters Can’t Hold Up Signs in Mall , Seattle Post-Intelligencer April 26, 2007.

Free Expression Suffers a Blow , Seattle Post-Intelligencer Op Ed, May 15, 2007.

Court: Rights of Anti-war Protesters in Westlake Were Not Violated , Seattle Post-Intelligencer, April 27, 2007.

Court to Rule on Free Speech in Westlake Center, Seattle Post-Intelligencer, June 13, 2006.

PHAM V. CITY OF SEATTLE, 124 Wn.App. 716 (2004)

in which the Washington Court of Appeals reversed the trial court’s denial of an attorney fee multiplier, and which established that plaintiffs prevailing under the Washington Law Against Discrimination are entitled to an income tax offset for non-economic damages among other holdings.

FADAIE V. ALASKA AIRLINES, INC., 293 F. Supp.2d 1210 (W.D. Wash. 2003)

in which the U.S. District Court for the Western District of Washington held that recently enacted federal protection for whistleblowers in aviation did not pre-empt a whistleblower’s state law claim for wrongful discharge, and thereby denied the defendant airline’s motion to dismiss the lawsuit among other holdings.
Appeals Lawyer Seattle, Washington, California, 9th Circuit Courts

Randy Baker litigates appeals in Washington state, California, and the U.S. Court of Appeals for the Ninth Circuit.