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Commercial · Trial work
Trials, arbitration and appeals
Most business cases settle, and the ones that settle well are usually prepared as if they were going to trial. Fernald & Zaffos tries cases to jury verdict and arbitration award in California and Nevada, and defends those results on appeal.
Leads this practice
Brandon C. Fernald · Founding Partner
Lead trial counsel in jury trials in Los Angeles Superior Court. Admitted in California, Nevada, North Carolina and Illinois.
Leads this practice
Adam P. Zaffos · Partner
More than 25 years of complex litigation, including business litigation and unfair competition matters. Admitted in California.
Trials
The firm has tried cases to verdict in Los Angeles Superior Court, including two-week and five-day real estate fraud trials and a three-day employment trial. Prior results do not guarantee a similar outcome.
Arbitration
Many commercial contracts require arbitration. We have prevailed on all claims in a three-day commercial arbitration and have moved cases into arbitration when clients’ agreements called for it. Arbitration awards are hard to overturn, so preparation for the hearing matters more than in court.
Appeals
Gina McCoy, of counsel to the firm, spent five years at Horvitz & Levy, a civil appellate firm, and has briefed and argued appeals in the Ninth Circuit and the California Courts of Appeal. We have defended a trial judgment that the Court of Appeal affirmed in its entirety, and obtained a reversal sending a former employee’s suit to arbitration.
Deadline
Appeal deadlines are short and strict
In California, a notice of appeal is generally due 60 days after notice of entry of judgment and no later than 180 days after entry (Cal. Rules of Court, rule 8.104). In Nevada, it is generally due 30 days after written notice of entry (NRAP 4(a)).
Commercial results
Commercial appeal · Appeal
Affirmed in full
Court of Appeal upheld our client’s judgment on a personal guarantee
California Court of Appeal, Second District
Employment arbitration · Appeal
Order reversed
Court of Appeal sent a former employee’s wrongful termination suit to arbitration
California Court of Appeal, Second District
Commercial contract · Arbitration
Prevailed on all claims
Enforced a no-hire clause for a national hospital staffing company
Three-day arbitration
Prior results do not guarantee a similar outcome.
Common questions
Don’t see yours? Call (323) 410-0300.
Do you take business cases to trial?
Yes. Our attorneys have tried cases to jury verdict and arbitration award. Prior results do not guarantee a similar outcome.
Can an arbitration award be appealed?
Only on narrow grounds, such as fraud or an arbitrator exceeding their powers. Arbitration results are usually final.
How long do I have to appeal?
In California, generally 60 days from service of notice of entry of judgment. In Nevada, generally 30 days from written notice of entry. Missing the deadline ends the appeal.
Do you handle appeals of cases you didn’t try?
Yes.
Related
The information on this page is general and is not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.