Appeals
Appellate litigation presents a different set of considerations than trial-level advocacy. It focuses on the record developed below—what issues were preserved, how they were framed, and whether the legal arguments presented can withstand review.
Whether seeking to reverse an adverse result or defend a favorable one, the outcome on appeal often turns on decisions made well before judgment is entered.
Request a Case AssessmentThe Role of Appellate Practice
Appeals are not a second opportunity to retry a case. Appellate courts generally consider:
- the legal issues presented
- the applicable standard of review
- the adequacy of the record
- whether arguments were properly preserved
Because the record is fixed, the viability of an appeal often depends on how the case was developed and litigated at earlier stages.
Appellate Considerations During Litigation
The potential for appellate review can affect litigation from the outset.
Issues such as:
- how legal arguments are framed
- what evidence is introduced and how it is preserved
- how objections and rulings are handled
can shape not only the outcome at trial, but the scope and viability of any future appeal.
Experience with appellate practice informs these decisions. In many cases, the most effective appellate strategy begins before an appeal is filed—through deliberate choices made during litigation to preserve and position key issues.
Our Appellate Practice
We have represented clients in appellate courts at both the state and federal levels, including:
- the United States Court of Appeals for the Ninth Circuit
- the Washington Supreme Court
- the Washington Court of Appeals
Our work includes both prosecuting and defending appeals, as well as advising on appellate issues during ongoing litigation.
Appellate Results
Prevailed before the Washington Court of Appeals, affirming the trial court’s decision to grant a new trial due to juror misconduct. Lantz v. State, 28 Wn. App. 2d 308, 535 P.3d 501 (2023), review denied, 542 P.3d 577 (2024).
Watch James Beck’s oral argument before the Washington Court of Appeals.
Prevailed before the Washington Supreme Court in a case Ockletree v. Franciscan Health Sys., 179 Wn.2d 769, 317 P.3d 1009 (2014). In a sharply divided 5-4 decision, the Washington Supreme Court held that religious non-profit employers cannot discriminate against their employees whose jobs are unrelated to the religious mission of the employer. While the Court held that a state law exemption for religious employers is not unconstitutional in all circumstances, it determined that our client, a hospital security guard who was terminated after suffering a stroke, could continue his disability discrimination case against Franciscan Health System.
Watch James Beck’s oral argument before the Washington State Supreme Court.
Prevailed before the Washington Supreme Court, securing a ruling rejecting a government contractor’s effort to force wage violation claims into private arbitration. A unanimous Court held that the arbitration clause in the employer’s form contract was unconscionable and unenforceable in its entirety, allowing a class action of over 300 misclassified Washington workers to proceed. Brown v. MHN Gov’t Servs., Inc., 178 Wn.2d 258, 306 P.3d 948 (2013).
Prevailed before the Washington Supreme Court, as appellate counsel for The News Tribune, in Public Records Act lawsuit to acquire access to records claimed as exempt from disclosure. Established that the records sought were not attorney–client privileged, work product, or otherwise protected. Click here to view James Beck’s oral argument before the Washington Supreme Court. Morgan v. City of Federal Way, 166 Wn.2d 747, 213 P.3d 596 (2009).
Prevailed before the Washington Supreme Court, which invalidated illegal arbitration provisions in healthcare provider contracts. Kruger Clinic Orthopaedics, LLC v. Regence BlueShield, 157 Wn.2d 290, 138 P.3d 936 (2006).
Prevailed before the Ninth Circuit Court of Appeals, which reversed the lower court’s dismissal of a lawsuit against two military recruiters who allegedly forged reenlistment documents. The court held that the Feres doctrine, which generally immunizes military personnel from civil suit, did not apply. Jackson v. Tate, 648 F.3d 729 (9th Cir. 2011).
Prevailed before the Washington Court of Appeals on behalf of a newspaper that had been wrongly denied access to public records. The unanimous appellate panel dissolved a trial court injunction, finding that several large broadcasters could not shield their contracts with a municipal cable system from the public. Belo Mgmt. Servs., Inc. v. Click! Network, 184 Wn. App. 649, 343 P.3d 370 (2014).
Prevailed in a jury trial on behalf of a poker dealer who was wrongfully discharged after refusing to gamble as a condition of employment. Subsequently prevailed before Washington Court of Appeals, which reversed the lower court to hold that the casino’s owner and manager could be held individually liable for forcing workers to gamble. Jumamil v. Lakeside Casino, LLC, 179 Wn. App. 665, 319 P.3d 868 (2014).
Prevailed before the Washington Court of Appeals, which reversed the dismissal of discrimination claims brought by a disabled combat veteran of Mexican-American heritage. The court held that there was sufficient evidence supporting disparate treatment and hostile work environment claims. Alonso v. Qwest Commc’ns Co., LLC, 178 Wn. App. 734, 315 P.3d 610 (2013).
Prevailed before the Washington Court of Appeals, which affirmed a trial judgment of approximately $3 million in an employment discrimination lawsuit against the Thurston County Prosecutor’s Office. Broyles v. Thurston Cnty., 147 Wn. App. 409, 195 P.3d 985 (2008).
Appellate counsel on case before the Washington Court of Appeals, successfully arguing for limitation on the scope of an arbitration agreement. Nelson v. Westport Shipyard, Inc., 140 Wn. App. 102, 163 P.3d 807 (2007).
Appellate counsel on case before the Washington Court of Appeals, successfully arguing for the reversal of summary judgment dismissal of a sex discrimination lawsuit against Western State Hospital. Doe v. State, 2008 WL 929885 (2008).
Appellate Consultation and Co-Counsel
In addition to full appellate representation, we work with other attorneys to:
- evaluate appellate issues and preserve arguments
- develop briefing strategy
- prepare appellate briefs
- assist with oral argument
This includes serving as appellate counsel in coordination with trial counsel where appropriate.
Moving Forward
If you are involved in a matter where an appeal is likely—or where appellate issues may affect the course of litigation—it may be worthwhile to evaluate those considerations early.
We approach appellate matters by focusing on the record, the governing law, and how the issues can be most effectively presented on review.
Request a Case Assessment
Submitting a form allows our team to evaluate your situation and determine whether we can assist.
Request a Case Assessment
