Appeals, Writs & Amicus Briefs

From the California Courts of Appeal to the United States Supreme Court, we have abundant experience at the appellate level.  We represent clients in complex and straightforward appeals, writ petitions (on an emergency and non-urgent basis) and amicus curiae (friend of the court) briefs.

Gary L. Bostwick is a certified specialist in appellate law by The State Bar of California Board of Legal Specialization, a rare qualification that requires extensive experience in appellate advocacy, a special certification examination and peer review.  Jean-Paul Jassy has argued successfully at the appellate level and successfully briefed cases in the United States Supreme Court and the Supreme Courts of California and Florida.

Just a few examples of our experience include:

United States Supreme Court

  • Tory v. Cochran, 544 U.S. 734 (2005). As counsel for Petitioner Ulysses Tory, we succeeded in striking down an overly broad prior restraint on speech concerning noted attorney Johnnie Cochran.
  • Masson v. New Yorker Magazine, 501 U.S. 496 (1991). Represented journalist Janet Malcolm in landmark case setting the bounds of the substantial truth defense in defamation cases.
  • Sandin v. Conner, 515 U.S. 472 (1995). Represented inmate in due process challenge to prison disciplinary proceeding.

United States Court of Appeals for the Ninth Circuit

  • Kaelin v. Globe Communications Corp., 162 F.3d 1036 (9th Cir. 1998). Landmark case holding that newspaper headlines may be defamatory.
  • United States v. Lin, Ninth Circuit Case No. 06-10591. Filed amici curiae brief on behalf of press entities in support of the producer of "America's Most Wanted," resisting a subpoena to disclose outtakes. The Ninth Circuit reversed the district court order requiring disclosure.
  • Thomas v. Los Angeles Times Communications LLC, Ninth Circuit Case No. 02-55343 (Sept. 6, 2002). The Ninth Circuit affirmed the district court's dismissal of a defamation suit under California's anti-SLAPP statute (see 189 F.Supp.2d 1005 (C.D. Cal. 2002)).
  • Hepting v. AT&T, Ninth Circuit Case Nos. 06-17132 and 06-17137.  Filed amici curiae brief arguing that the state secrets privilege does not bar suit against phone companies for participation in government's warrantless surveillance program.

California Supreme Court

  • Balboa Island Village Inn v. Lemen, 40 Cal. 4th 1141 (2007).  Decision striking down overly broad injunction on speech.
  • Gates v. Discovery Communications, Inc., 34 Cal. 4th 679 (2004).  Counsel for amici curiae media companies urging California Supreme Court to reject liability for publication of information about an individual's past felony, which the Court did.
  • Flanagan v. Flanagan, 27 Cal. 4th 766 (2002).  Counsel for amici curiae media companies in landmark decision interpreting the scope of California's eavesdropping and wiretapping statute, Penal Code S 632.

Florida Supreme Court

  • Tyne v. Time Warner Entertainment Co., 901 So.2d 802 (Fla. 2005). Counsel for amici curiae motion picture company association, publishing associations and others, urging Florida Supreme Court to apply Florida's right of publicity statute in a manner consistent with the First Amendment, which the Court did.

California Courts of Appeal

  • Wagner v. Columbia Pictures Industries, Inc., 146 Cal. App. 4th 586 (2007).  Court of Appeal affirmed summary judgment for motion picture studio in profit participation case re "Charlie's Angels" movies. In its opinion, the Court took the rare step of noting that this "unusually complex case was well briefed."
  • Lieberman v. KCOP Television, Inc., 110 Cal. App. 4th 156 (2003). Represented television station in first case to apply California's anti-SLAPP statute to claims for newsgathering.
  • Johnson v. Superior Court, 80 Cal. App. 4th 1050 (2000). Landmark privacy case setting the bounds of anonymity for sperm donors.
  • Sipple v. Foundation for Nat'l Progress, 71 Cal. App. 4th 226 (1999). Landmark case interpreting the parameters of California's anti-SLAPP statute.