Weixel Law Office - Appellate Representation

SIGNIFICANT Appellate Representation AND OTHER MATTERS

Reported Successful Cases

Lippitt v. Raymond James Fin. Svcs., 340 F.3d 1033 (9th Cir.2003)

Ninth Circuit held that an unfair competition action involving violations of NASD rules did not invoke “federal question” jurisdiction sufficient for removal.

Boston Telecoms. Group, Inc. v. Deloitte Touche Tohmatsu, 278 F.Supp.2d 1041 (N.D.Cal. 2003)

Secured dismissal of a fraud and breach of contract claim against a Canadian company and its president involving cable television venture in Eastern Europe. The district court held that the dispute was encompassed by an agreement that required arbitration of disputes in British Columbia. This matter is presently on appeal.

State ex rel. Simpson v. Indus. Comm., 62 Ohio St.3d 162, 580 N.E.2d 779 (1991)

Ohio Supreme Court refused to permit the recalculation of certain workers’ compensation benefits under previous compensation scheme without a showing of good cause due to changed circumstances. This decision resulted in a significant clarification of a previously undefined area of Ohio workers’ compensation law.

USS Great Lakes Fleet, Inc. v. Spitzer Great Lakes, 85 Ohio App.3d 737, 621 N.E.2d 461 (1993)

Upheld liquidated damages clause in an agreement for the sale of a decommissioned Great Lakes ore freighter to a casino promoter. The provision required payment of liquidated damages if the vessel was restored to service.

Other Successful Cases

DeMaria v. American Hawaiian Steamship Co. (1st Dist., July 21, 2006) No. A112176

Secured affirmance of summary judgment in favor of former shipping concern in an asbestos wrongful-death and survivorship action. Court of Appeal held that plaintiffs’ expert witnesses’ opinions that decedent was allegedly exposed to asbestos aboard defendant’s vessel were speculative and provided no evidence that would create a triable issue of material fact sufficient to defeat summary judgment.

Iron & Silk, Inc. v. Superior Court (1st Dist., Oct. 29, 2004) No. A106711

Obtained a peremptory writ of mandate to vacate judgment on opposing parties’ cross-complaint following summary adjudication. Court of Appeal held that the entry of judgment on the cross-complaint, while the complaint remained pending, violated the “one final judgment rule” of Morehart v. County of Santa Barbara, 7 Cal.4th 725 (1994).

Iron & Silk, Inc. v. Champion Arts, Inc. (1st Dist., Feb. 10, 2005) No. A105775

Court of Appeal affirmed the denial of opposing parties’ special motion to strike the complaint (an “anti-SLAPP” motion) in an action for business interference, fraud, defamation, and other claims.

Other Appellate Cases

State ex rel. Thomson Newspapers, Inc. v. Indus. Comm., 70 Ohio St.3d 266, 638 N.E.2d 567 (1994)

Ohio employer’s challenge of an award of additional workers’ compensation death benefits for the alleged violation of a specific safety requirement.

Iron & Silk, Inc. v. Champion Arts, Inc. (1st Dist. Nov. 25, 2003) No. A101502

First appeal by opposing parties of the trial court’s denial of an anti-SLAPP motion to strike. The trial court was reversed on procedural grounds and the matter was remanded for further consideration. The denial of the motion was ultimately affirmed (see supra).

Iron & Silk, Inc. v. Champion Arts, Inc. (1st Dist. May 29, 2003) No. A099583

Court of Appeal affirmed the enforcement of an agreement to settle a previous franchise dispute between the parties.

Luther F. Young Med. Profit Sharing Plan v. Gonzales (1st Dist. Oct. 21, 2003) No. A101260

Affirmance of summary judgment on breach of contract and misrepresentation claim involving a sale of stock.

Swanson v. Hearing Aid Dispensers Examining Com. (1st Dist. Aug. 28, 1998) No. A080328

Administrative revocation of licensure involving federal preemption and due process issues.

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