Appellate Practice

A respected voice in the highest courts.

Our Expertise

For Goodsill’s litigation clients and those who engage us specifically for appellate work, we are active in all phases of post-trial litigation, from briefing or consulting on post-trial motions that frame the issues for appeal, to briefing and arguing appeals in the appropriate state or federal appellate forum. Our attorneys have participated in a number of landmark cases that have shaped and clarified Hawaii law on strict products liability actions in tort and implied warranty, as well as in a number of other areas.

A representative sampling includes

  • Prevailing before the Ninth Circuit on the res judicata effect of a foreclosure judgment barring a subsequent rescission action under the Truth in Lending Act;
  • Successfully opposing before the Ninth Circuit an asbestos claim plaintiff’s unique monitoring remedy that would have had widespread adverse consequences for employers;
  • Successfully representing in the Ninth Circuit an employer against a claim for RICO recovery for injuries received by an employee in a brawl between employees;
  • Upholding the authority of the Hawai‘i Land Use Commission to issue a special use permit for a golf course on prime agricultural land;
  • Establishing in the Hawai‘i Supreme Court the principle that the employee in a disparate discrimination case has the burden of proving the similarity of his employment and those of employees with whom he seeks to compare his treatment, and persuading the United States Supreme Court to grant certiorari; and
  • Convincing the Ninth Circuit to affirm the European forum clause in a marine insurance policy.

A number of our attorneys are admitted to practice before the United States Supreme Court and have appeared in matters before that Court. Several of our former partners went on to serve with distinction as Associate Justices of the Supreme Court of Hawai‘i (the Republic of Hawai‘i, the Territory of Hawai‘i and the State of Hawai‘i), and a number of our litigators have served as lawyer representatives on the Ninth Circuit Judicial Conference, the United States District Court Hawai‘i Conference, and the Judicial Conference of the Hawai‘i state courts.