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Appellate

After a hard-fought trial, it is vital that representation at the next level be provided by experienced lawyers who know the battlefield. Consider: In 1950, there were 40 appellate filings per federal appellate judge; by 1990, there were 200; today, there are well over 300. The story is the same in state courts. These numbers underscore the importance of advocacy that stands out by its excellence. It is that characteristic that sets Lane Powell’s appellate lawyers apart. We focus not only on appellate procedure, but on appellate persuasion — which is one reason why our Appellate Team is highly ranked by U.S. News – Best Lawyers® in its annual “Best Law Firms” rankings.  

The experience of our appellate attorneys is reflected by their involvement in significant cases that have shaped the development of law in state and federal courts.

The members of our Appellate Team are known for their skill and credibility in the courts in which they appear and that, in the end, can make all of the difference.

  • Awards_Best Law Firms 2023

Contact

  • Thomas W. Sondag
    D.503.778.2111
    sondagt@lanepowell.com

Related Practices & Industries

  • Litigation

Get to Know Us

Experience

  • In re L&L Energy, Inc. Securities Litigation
    Case No. 13-cv-6704-RAU.S. District Court, Southern District of New York
    Represented L&L Energy and various current and former directors and officers in two sets of securities class actions in federal court in Washington and New York, five shareholder derivative actions in federal and state court in Washington and Nevada, and potential opt-out litigation.
  • Washington Health Care Association v. Arnold-Williams, et al.
    601 F. Supp. 2d 1224 U.S. District Court, Western District of Washington
    Order invalidating legislation requiring assisted living providers to retain Medicaid residents after termination of their Medicaid contracts in violation of the Contracts Clause of the U.S. Constitution.
  • Grant v. First Horizon 
    Lead attorney for briefing and oral argument in successful defense of appealed summary judgment order dismissing wrongful foreclosure claim — the case involved complex appellate procedure questions as well as more typical wrongful foreclosure issues).
  • First Interstate Bank v. WestCap, et al.
    Case No. 74 Wn. App. 900Washington Court of Appeals
    Represented lender in $5.3M foreclosure case; summary judgments affirmed on appeal.
  • Blanton v. Texaco
    Case No. 914 F. 2d 188U.S. Court of Appeals, Ninth Circuit
    Represented putative franchisor in franchise dispute under Washington Franchise Investment Protection Act; summary judgment affirmed on appeal.
  • Paper Manufacturer v. Ellis et al.
    Case No. 85-2-09627-4King County Superior Court
    Represented paper manufacturer in dissenting minority shareholder valuation; co-counsel in four-week bench trial; victory for client.
  • In re Wash. Builders Benefit Trust
    Case No. 293 P.3d 1206
    Affirmed judgment dismissing breach of trust claims against local builders association.
  • Um v. Spokane Rock I, LLC
    904 F.3d 815 (9th Cir. 2018)
    Represented creditor on appeal of bankruptcy court ruling that individuals ineligible for a discharge in Chapter 7 cannot obtain a discharge in Chapter 11 by being employed in an unrelated business after plan confirmation.
  • Lyft, Inc. v. City of Seattle
    418 P.2d 102 (Wash. 2018)
    Represented transportation network company Uber on appeal to Washington Supreme Court of decision upholding order enjoining City of Seattle from disclosing trade secrets in response to public records request.
  • Bassett v. ABM Parking Services, Inc.
    883 F.3d 776 (9th Cir. 2018)
    Represented ABM on appeal of district court’s conclusion that plaintiff lacked standing under Spokeo to bring claim for alleged violation of Fair and Accurate Credit Transactions Act (FACTA).
  • Washington Federal v. Azure Chelan LLC
    382 P.3d 20 (Wash. Ct. App. 2016)
    Represented Washington Federal on appeal of trial court ruling quieting title in favor of junior lienholder based on senior lienholder’s failure to foreclose interest in property within statute of limitations period.
  • New Cingular Wireless PCS, LLC v. City of Clyde Hill
    374 P.3d 151 (Wash. 2015)
    Represented New Cingular on appeal to Washington Supreme Court of trial court’s erroneous dismissal of New Cingular’s declaratory judgment action challenging the validity of municipal fine.
  • Pacific Boring, Inc. v. Staheli Trenchless Consultants, Inc.
    708 Fed. App’x 324 (9th Cir. 2017)
    Represented engineering firm on appeal of district court dismissal of professional negligence claims because Washington’s independent duty doctrine barred recovery for contractor’s economic losses.
  • Washington Federal v. Harvey
    340 P.3d 846 (Wash. 2015)
    Represented Washington Federal on appeal to Washington Supreme Court of trial court’s erroneous conclusion that Washington’s Deeds of Trust Act prohibited deficiency action against guarantors following nonjudicial foreclosure sale.
  • Carole Coppinger-Martin v. Hilda Solis, et al.
    627 F.3d 745 (9th Cir. 2010)
    Represented Nordstrom on appeal of final order of the Department of Labor’s Administrative Review Board dismissing Sarbanes-Oxley Act whistleblower claim on statute of limitations grounds.
  • City of Puyallup v. Hogan, et al.
    277 P.3d 49 (Wash. Ct. App. 2012)
    Represented Borders on appeal of trial court’s finding that Borders was entitled apportionment of landlord’s just compensation award in condemnation action based on diminished access to shopping center. 
  • Koss v. Norwood
    305 F. Supp. 3d 897 U.S. District Court, Northern District of Illinois
    Lead class counsel for a class of impoverished individuals in the State of Illinois meeting long delays in the processing of their applications for long term care Medicaid benefits. 
  • Carr v. United Healthcare Services Inc.
    2:15-cv-01105U.S. District Court, Western District of Washington
    Defended United HealthCare Services, Inc. (UHC) in a large complex class action lawsuit concerning all of UHC’s self-funded plans nationwide.
  • Nail v. Consol. Res. Health Care Fund I
    Case No. 229 P.3d 885
    Reversed order denying arbitration in claim against nursing facility.
  • Brandrup v. ReconTrust Co., N.A.
    353 Or. 668, 303 P.3d 301 (2013)
    Addressing eligibility of MERS to serve as trust deed beneficiary. 
  • Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund
    U.S. Supreme CourtDistrict of Columbia
    Principal author of amicus brief in the U.S. Supreme Court on behalf of the Washington Legal Foundation, helping to establish the standard for when a statement of opinion will be considered false under the federal securities laws.
  • A.D. v. T-Mobile USA, Inc. and United Healthcare Services, Inc.
    Case No. 2:15-cv-00180U.S. District Court, Western District of Washington
    Represent T-Mobile and United Healthcare in a putative class action alleging that the Employee Benefit Plan provided and administrated by our clients unlawfully excluded an intensive behavioral intervention treatment called Applied Behavior Analysis (ABA) from among the many treatment options covered by the Plan for autism spectrum disorder.
  • Lendingtree, LLC v. Washington Department of Revenue
    460 P.3d 640 (Wash. Ct. App. 2020)
    Represented taxpayer on appeal to obtain refund of business & occupation tax improperly assessed on taxpayer’s online loan marketplace by Department of Revenue.
  • City of Seattle v. KMS Financial Services, Inc.
    459 P.3d 359 (Wash. Ct. App. 2020)
    Represented taxpayer on appeal to obtain refund of business & occupation tax unconstitutionally apportioned by the City of Seattle on taxpayer’s out-of-state and out-of-city activities.
  • Kunath v. City of Seattle
    444 P.3d 1235 (Wash. Ct. App. 2019)
    Represented taxpayer citizens on appeal in successful action to enjoin enforcement of city ordinance that imposed a graduated income tax on high-income residents of the City of Seattle.
  • Krzyminski v. Spokane County
    830 Fed. App’x 918 (9th Cir. 2020)
    Represented Spokane County on appeal of action brought by a former employee under USERRA for denial of pension credit benefits for time served on active duty.

Recent Appeals

  • Um v. Spokane Rock I, LLC
    904 F.3d 815 (9th Cir. 2018)
    Represented creditor on appeal of bankruptcy court ruling that individuals ineligible for a discharge in Chapter 7 cannot obtain a discharge in Chapter 11 by being employed in an unrelated business after plan confirmation.

Our Insights

  • November 3, 2022News
    US News – Best Lawyers® Ranks Lane Powell Among Nation’s Top Law Firms for 2023
    Awards & Honors
  • November 4, 2021News
    US News – Best Lawyers® Ranks Lane Powell Among Nation’s Top Law Firms for 2022
    Awards & Honors
  • August 19, 2021News
    The Best Lawyers in America© 2022 Recognizes 90 Lane Powell Attorneys
    Awards & Honors
  • November 5, 2020News
    US News – Best Lawyers® Ranks Lane Powell Among Nation’s Top Law Firms for 2021
    Awards & Honors
  • August 20, 2020News
    The Best Lawyers in America© 2021 Recognizes 92 Lane Powell Attorneys
    Awards & Honors
  • December 20, 2019Publication
    Washington Supreme Court Rules That State Legislators Must Comply With the Washington Public Records Act
    Government Law Update
  • November 1, 2019News
    US News – Best Lawyers® Ranks Lane Powell Among Nation’s Top Law Firms for 2020
    Awards & Honors
  • November 1, 2019News
    Castillo Joins Lane Powell on Commercial Litigation and Appellate Teams
    Firm Announcement
  • August 15, 2019News
    The Best Lawyers in America© 2020 Recognizes 63 Lane Powell Attorneys
    Awards & Honors
  • July 5, 2019News
    Twenty-one Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
    Awards & Honors
  • November 1, 2018News
    US News – Best Lawyers® Ranks Lane Powell Among Nation’s Top Law Firms for 2019
    Awards & Honors
  • October 12, 2018News
    Lane Powell Highly Recommended in Benchmark Litigation 2019
    Awards & Honors
  • August 15, 2018News
    The Best Lawyers in America© 2019 Recognizes 62 Lane Powell Attorneys
    Awards & Honors
  • July 24, 2018News
    Twenty-three Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
    Awards & Honors
  • November 1, 2017News
    U.S. News and Best Lawyers Ranks Lane Powell Among the Nation’s Top Law Firms for 2018
    Awards & Honors
  • August 15, 2017News
    Fifty-nine Lane Powell Attorneys Named in The Best Lawyers® in America 2018
    Awards & Honors
  • July 10, 2017News
    Twenty-three Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
    Awards & Honors
  • August 17, 2016News
    Fifty-one Lane Powell Attorneys Named in The Best Lawyers in America® 2017
    Awards & Honors
  • July 11, 2016News
    Twenty-one Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
    Awards & Honors
  • August 17, 2015News
    Forty-eight Lane Powell Attorneys Named in The Best Lawyers in America® 2016
    Awards & Honors
  • July 8, 2015News
    Fifteen Lane Powell Attorneys Named ‘Oregon Super Lawyers’ and Four Named as ‘Oregon Rising Stars’
    Awards & Honors
  • August 18, 2014News
    Fifty-One Lane Powell Attorneys Named in The Best Lawyers in America® 2015
    Awards & Honors
  • July 9, 2014News
    Fifteen Lane Powell Attorneys Named ‘Oregon Super Lawyers’ and Five Named as ‘Oregon Rising Stars’
    Awards & Honors

Before proceeding, please note:  If you are not a current client of Lane Powell PC, please do not include any information in this email that you or someone else considers to be confidential or secret in nature.  Prior to the establishment of a lawyer-client relationship, unsolicited emails from non-clients containing confidential or secret information cannot be protected from disclosure.

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