Ben FeuerCalifornia Appellate Law Group LLP96 Jessie StreetSan Francisco, California 94105, U.S.A.
BioBen Feuer is the chairman of the California Appellate Law Group. He has devoted his entire career to appellate law, and serves as lead appellate counsel in all types of federal and California appeals and writs, including appeals from judgments arising in business and commercial disputes, high-value personal injury actions, environmental and natural resource litigation, real estate controversies, trade secret and fraud claims, anti-SLAPP motions, and First Amendment matters. He also consults on appeals and complex motions, and acts as amicus counsel. Ben is co-chair of the Appellate Section of the Bar Association of San Francisco’s Barristers Club, and has moderated and spoken on dozens of panels with appellate judges, practitioners, and professors on topics related to appellate law and practice. In 2013, the Bar Association of San Francisco presented Ben with its “Outstanding Barrister” award, in honor of his “extraordinary contribution to” the Bar Association and his “commitment to the ideals of legal justice and professional excellence.” In 2017, the U.S. Court of Appeals for the Ninth Circuit appointed Ben to a three-year term as an “Appellate Lawyer Representative,” one of only a handful of attorneys across the court’s 11-state jurisdiction selected by the court’s judges to join the Ninth Circuit Judicial Conference. He has been named a Northern California Superlawyer “Rising Star” for the field of appellate law every year since 2011. Ben is a frequent author of articles on appellate and constitutional law topics, and his writing has appeared in the Los Angeles Times, The Huffington Post, and the National Law Journal, as well as The Recorder, The Daily Journal, and Corporate Counsel. He also often appears on KGO Radio, Voice of America, in the Daily Journal‘s podcasts to discuss upcoming appellate issues, Supreme Court cases, and constitutional law. Ben is a member of the Board of Directors of the Bar Association of San Francisco’s Barristers Club, and served on the advisory board to OneJustice, an organization that supports California legal nonprofit groups. In 2016, the Minority Bar Council of San Francisco presented Ben with its “Unity Award,” for “outstanding commitment to diversity in the legal profession.” Before joining the California Appellate Law Group, Ben served as of counsel to the San Francisco appellate boutique Eisenberg & Hancock, and practiced with top litigators at the national firms Quinn Emanuel Urquhart & Sullivan and Williams & Connolly. He also served as a law clerk to Judge Carlos Bea of the U.S. Court of Appeals for the Ninth Circuit. Ben graduated in the top of his class from the Northwestern University School of Law in Chicago, where he was an editor of the Law Review, argued for the national moot court team, and published an article in the Northwestern Law Review on free speech and election law. He has a bachelor’s degree in philosophy from Trinity College in Connecticut. Some of Ben’s successes include: • Successfully obtained dismissal of appeal involving challenge to enforcement of six-figure settlement agreement. Appellant argued the terms in the agreement were too indefinite to enforce, but took its appeal from an order deemed non-appealable as a matter of first impression. Thomas Dee Engineering Co. et al. v. Khtikian et al., (1/26/16) No. A146590 (unpublished decision) • Obtained full affirmance of a judgment in favor of a private trust against a surety that backed a former professional trustee who stole trust assets. The surety asserted that a failure of notice violated its constitutional due process rights, an argument the Court of Appeal handily rejected. As a result, the trust may recover not just its losses but also the salary paid to the crooked trustee and its attorneys fees and costs. Dykier v. Cox (11/30/15) No. 077006 (unpublished decision) • Won major victory in the California Supreme Court for our clients J.R. Marketing, LLC, and its owners, who faced a devastating ruling from the Court of Appeal allowing an insurance company to sue them, rather than their prior attorneys, for the value of the prior attorneys’ overcharged legal fees. The Supreme Court gave J.R. Marketing a total win, reversing the Court of Appeal and excusing our client from responsibility for its former counsel’s overcharges to the insurer. Hartford Casualty Ins. Co. v. J.R. Marketing, LLC, et al. (2015) 61 Cal.4th 988 • For Wells Fargo Bank and Kohl’s Department Stores, successfully obtained published, partial reversal of judgment, and precedent establishing that a pre-judgment interest rate of 7%, rather than 10%, applies to amounts due on mechanics liens when the defendant is not in privity of contract with the plaintiff. Palomar Grading & Paving et al. v. Wells Fargo Bank et al. (2014) 230 Cal.App.4th 686 • Successfully defended judgment in favor of national escrow company in multi-million dollar suit arising out of the housing market price collapse, and, in cross-appeal, obtained remand to trial court to award increased attorney fees without considering plaintiffs’ ability to pay. Walker v. Ticor Title Co. of California (2012) 204 Cal.App.4th 363 • Obtained affirmance of order granting in part anti-SLAPP motion to strike by the family of an 87-year old nursing home patient, after the nursing home sued the family due to the family’s efforts to raise concerns about the nursing home’s alleged mistreatment of the patient, where those efforts constituted protected speech and petition activity. Los Angeles Jewish Home for the Aging v. West (11/14/11) 2011 WL 5517283 (unpublished decision) Articles, Radio Broadcasts, and Podcasts Articles on appellate practice: • 3 Advanced Appellate Tips Every In-House Litigation Counsel Should Know, Corporate Counsel (April 28, 2016) • California Appeals and Writs, 2015 California Litigation Review (January 2016) (with Anna-Rose Mathieson) • When Appellate Judges Go It Alone, Daily Journal (August 4, 2015) (with Anna-Rose Mathieson) • Appellate Effects of Deciding Which Verdict Form To Use, The Recorder (September 30, 2014) • How to Obtain a Stay Pending Appeal, The Recorder (February 24, 2014) • Tips from Justice Liu on Brief Writing, Daily Journal (November 19, 2013) • A Dozen Tips to Save Your Appeal, The Recorder (September 12, 2013) Articles on constitutional law and legal theory: • The Case for Breaking Up the Notoriously Liberal 9th Circuit Makes No Sense, The Los Angeles Times (March 19, 2017) • The Surprisingly Contentious History of Executive Orders, The Huffington Post (February 2, 2017) • California’s Notoriously Liberal ‘9th Circus’ Court of Appeals Is Growing More Centrist, Los Angeles Times (September 11, 2016) • Private Funding of the Lawsuit That Killed Gawker Spells Trouble, National Law Journal (September 5, 2016) • Ninth Circuit Guns Ruling a Surprising Win for Scalia’s Logic, The Recorder (July 20, 2016) • An Epochal Shift at the Ninth Circuit, The Recorder (January 25, 2016) • The Supreme Court Cases Californians Should Be Watching, The Recorder (September 17, 2015) • The Most Important Supreme Court Case for Californians Isn’t What You Think, Law.com (July 14, 2015) • How Silicon Valley Powers Political Redistricting and Partisanship, The Recorder (November 19, 2014) • The Problem with Europe’s Right To Be Forgotten, The Recorder (June 20, 2014) • Political Lies Reach the U.S. Supreme Court, The Recorder (April 4, 2014) • Disruptive Innovation, Meet the Common Law, The Recorder (January 27, 2014) • Same-Sex Marriage at the Supreme Court, The Recorder (February 19, 2013) • 2012 U.S. Supreme Court Preview, The Recorder (October 1, 2012) • The Switch In Time That Blew Everyone’s Mind: Chief Justice Roberts and the Affordable Care Act, Daily Journal (August 8, 2012) • California Supreme Court Year In Review, The Recorder (July 9, 2012) • California Courts Open To Other States’ Tort Reform Laws, Corporate Counsel (March 7, 2012) • Health Care Act Headed to High Court, The Recorder (December 23, 2011) • How Far Is Recording Police Constitutionally Protected?, The Recorder (September 27, 2011) • Supreme Court’s Year in Review, The Recorder (June 30, 2011) • In Ditching Gay Marriage Ban, Obama Reveals Surprising Views on Presidential Power, Daily Journal (March 7, 2011) • Younger Supreme Court Opens Important New Term, Daily Journal (October 8, 2010) Radio broadcasts and podcasts: • Discussion of ruling on sanctuary cities executive order, International Edition, Voice of America (April 26, 2017) (at 9:30) • Q&A regarding the ruling striking down the sanctuary cities executive order, The Pat Thurston Show, KGO Radio 810 AM (April 26, 2017) • Interview about appointment of Neil Gorsuch to the U.S. Supreme Court, The Ronn Owens Show, KGO Radio 810 AM (April 12, 2017) • Discussion of stay of the president’s second immigration executive order, The Pat Thurston Show, KGO Radio 810 AM (March 17, 2017) • Discussion on rewriting the president’s immigration executive order, The Pat Thurston Show, KGO Radio 810 AM (February 9, 2017) • Discussion on nomination of Judge Neil Grosuch to the U.S. Supreme Court, International Edition, Voice of America (February 1, 2017) • Discussion on the 2016 U.S. Supreme Court Term, The Ronn Owens Show with Pat Thurston, KGO Radio 810 AM (October 2, 2016) • Daily Journal Weekly Appellate Podcast: Upcoming U.S. Supreme Court review in Trinity Lutheran Church of Columbia v. Pauley (August 19, 2016) • Daily Journal Weekly Appellate Podcast: Upcoming U.S. Supreme Court review in Buck v. Davis (August 5, 2016) • Daily Journal Weekly Appellate Podcast: Upcoming U.S. Supreme Court review in Star Athletica v. Varsity Brands (July 29, 2016) • Daily Journal Weekly Appellate Podcast: Upcoming U.S. Supreme Court review in Apple v. Samsung (July 22, 2016)