Appeals 

Kesselman Brantly Stockinger LLP‘s appeals practice provides thorough research, thoughtful writing and persuasive oral advocacy. Our attorneys have experience both at the federal and state appellate levels and have submitted briefs to the United States, Hawaii and California Supreme Courts.

The firm frequently frames trial court briefs with an understanding that an appeal may be necessary. Because of our lawyers’ extensive experience, we offer full service to our clients with an ability to handle legal issues at all stages of litigation – without the need to hire separate appellate counsel.

The firm has attorneys who served as former federal appellate law clerks, which adds to their depth of experience, as well as their practical experience practicing before appellate courts.

Examples of KBS’s Appellate Practice:

• KBS represented Aloha Sports in an appeal of a summary judgment ruling before the Hawaii Supreme Court. KBS successfully briefed and argued to the Hawaii Supreme Court that summary judgment should not have been granted on Aloha Sports’ Hawaiian state law antitrust claim against the NCAA. The decision was unanimous and memorialized in a 39-page published opinion. A copy of the opinion can be found at http://www.courts.state.hi.us/wp-content/uploads/2018/11/SCWC-15-0000663.pdf.
• After successfully obtaining a motion to dismiss federal antitrust claims on behalf of a technology company specializing in electrical systems in federal district court, KBS successfully briefed and argued the appeal before the Federal Circuit.
• After successfully obtaining a motion to dismiss federal antitrust claims on behalf of a union in federal district court, KBS successfully briefed and argued the appeal before the Ninth Circuit in a case involving application of the Noerr Pennington doctrine.
• Prior to joining KBS, Mr. Kesselman was part of the team that represented a U.S.-based company against a large multinational conglomerate in a business interference lawsuit involving military procurement contracts in the Republic of Korea. Mr. Kesselman was the primary author of the briefs at the California Supreme Court that resulted in the landmark decision in Korea Supply Co. v. Lockheed Martin Co., 29 Cal. 4th 1134 (2003).
• KBS attorneys authored and submitted an amicus brief on behalf of California practitioners and scholars addressing the scope of California’s unfair competition law in Epic Games, Inc. v. Apple Inc., 67 F.4th 946 (9th Cir. 2023).