Tact Law Firm, APC
Tact Law Firm, APC
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APPELLATE LITIGATION

BRINGING A CREATIVe LENS TO COMPLEX APPELLATE ISSUES

With prior experience working for the U.S. Court of Appeals and representing clients in numerous appellate cases, we bring a combination of proven success and a fresh perspective to all aspects of appellate matters.

HOW WE CAN HELP NAVIGATE APPELLATE MATTERS

A glass facade, indicating the sophistication and creative lens needed to handle appellate matters.

Appeals are a world apart from trial litigation.  The approach, process, courts, rules, and strategies involved in handling an appeal are far different from those in a typical trial litigation.


Not all attorneys are well-equipped to litigate an appeal, even if they are excellent trial attorneys.  Whether your appeal involves an attempt to reverse or affirm a trial court decision, it is crucial to have an attorney who has a deep understanding of appellate practice, procedure, and strategy.


Given that appellate judges are often concerned with the consequences of their rulings on future cases, experienced appellate attorneys must employ creative and intellectual approaches to litigate the issues on appeal.


Appellate attorneys can also provide a fresh perspective on a case that may not otherwise be apparent to trial attorneys. Trial attorneys can become tunnel-visioned on the issues in their case, which can be useful for litigating through the trial level, but can also limit the possible arguments that should be raised on appeal.  Engaging a skilled appellate attorney to take the lead or simply consult on an appeal can be vital to ensuring that all bases are covered.

OUR APPELLATE SERVICES

FULL APPELLATE REPRESENTATION

FULL APPELLATE REPRESENTATION

FULL APPELLATE REPRESENTATION

We fully handle appeals in California and Federal courts, including briefing and oral argument.

CONSULTATION

FULL APPELLATE REPRESENTATION

FULL APPELLATE REPRESENTATION

We consult with trial lawyers who are handling an appeal in order to provide guidance and review.

MOOT COURTS

FULL APPELLATE REPRESENTATION

MOOT COURTS

We conduct moot courts for lawyers handling appeals in order to test arguments and provide insight and feedback.

PEDIGREE OF APPELLATE EXPERIENCE

Tact Law Firm's managing attorney, Norvik Azarian, has years of experience handling complex appellate matters, starting from his time in law school and throughout his entire practice.


During law school, Norvik was selected to serve as a judicial extern to a prominent Circuit Judge of the United States Court of Appeals for the Ninth Circuit.  In this capacity, Norvik assisted the Circuit Judge in evaluating appeals involving a broad range of issues, drafted portions of appellate opinions, and learned how appellate judges consider and assess cases.


In his final year of law school, Norvik was chosen to participate in Loyola Law School's Ninth Circuit Appellate Clinic, where, under the supervision of Martin Estrada (the current United States Attorney for the Central District of California), he co-authored and argued a pro bono appeal involving novel issues of the right to bodily privacy under the Fourth Amendment and qualified immunity.  The Ninth Circuit ruled in favor of Norvik's client in a published opinion.


During his professional career, Norvik has worked on numerous appeals involving complex and novel legal issues.  He has represented clients at the California Courts of Appeal, the Ninth Circuit Court of Appeals, and has authored a successful opposition to a petition for writ of certiorari at the United States Supreme Court in a complex ERISA case involving a circuit split regarding co-fiduciary liabilities. 

REPRESENTATIVE APPELLATE RESULTS

The following are some representative appeals that Norvik has successfully briefed to California and Federal appellate courts and the United States Supreme Court:


  • Authored a successful opposition to a petition for writ of certiorari in the United States Supreme Court in a novel ERISA matter involving a circuit split where the opposing party seeking the grant of certiorari was represented by former Acting Solicitor General of the United States, Neal Katyal.  Cho v. First Reliance Standard Life Ins. Co., 852 Fed. Appx. 304 (9th Cir. 2021), cert. denied, 142 S. Ct. 1118 (2022).


  • Authored an appellate brief and obtained a favorable ruling for a venture capitalist client affirming the trial court's denial of an anti-SLAPP motion brought by a professional tennis player and allowing the venture capitalist's claim of slander against the professional tennis player to move forward.  Kaplan v. Gimelstob, B315197, Cal. App. Unpub. (2022).


  • Obtained a favorable ruling affirming a district court’s order that an ERISA plan and major insurance company acting as the claims administrator did not abuse their discretion in terminating the appellant's supplemental long term disability benefits pursuant to the applicable plan's pre-existing condition clause.  Sorger v. Novartis Corporation Death Benefit & Disability Plan, et al., No. 20-15224, 2021 WL 3758280 (9th Cir. Aug. 25, 2021).


  • Authored an appellate brief and obtained a favorable ruling affirming a district court's dismissal of a claim for ERISA benefits where plaintiff relied on "generalized allegations" about plan breaches but failed to identify "any plan terms that specify benefits that the defendants were obligated to pay but failed to pay."  Health Glendale Outpatient Surgery Ctr. v. United Healthcare Servs., No. 19-55412, 805 Fed. App’x 530, 2020 WL 2537317 (9th Cir. May 19, 2020).


  • Co-authored an appellate brief and argued before the Ninth Circuit in a pro-bono appeal involving novel issues of the right to bodily privacy under the Fourth Amendment and qualified immunity and secured a favorable published opinion.  Ioane v. Hodges, 903 F.3d 929 (9th. Cir. 2018).

OUR FEES FOR APPELLATE CASES

We are open to working with you to find the best way to pay for our representation in appellate cases.  In most appellate matters, we believe that a fixed fee arrangement works best for both the attorney and the client.  With a fixed fee arrangement, the attorney is free to explore all legal arguments and conduct research without concerns of rising legal fees, and the client benefits from predictability in their legal bills.  However, depending on the circumstances, we are certainly open to discussing a traditional hourly fee arrangement for appellate matters.

Contact us

Contact us

Contact Us For A Free Consultation

Please reach out to us by completing our case evaluation form or by contacting us directly.

(818) 468-7701 or norvik@tactlawfirm.com

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Tact Law Firm, APC

1009 W. Olive Avenue, Burbank, California 91506

(818) 468-7701

Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.


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