May 25, 2017
Wendy McGuire Coats
See more on Wendy McGuire CoatsFisher & Phillips LLP San Francisco
In 2016, Coats founded and currently leads Fisher & Phillips' California appellate practice, where she represents clients in all aspects of state and federal appellate litigation, particularly in navigating questions of first impression or in labor and employment issues.
The dramatic change from the trial court to the court of appeal often transforms the dynamics of a case, Coats said. "There's quite a shift for how the client is now engaging in the litigation," she added. "The record is closed. There are no witnesses, no depositions, no more document-intensive research. My first step is to educate the client and trial counsel on how the posture has shifted to the reviewing court."
At the 9th U.S. Circuit Court of Appeals, Coats awaits an oral argument date on behalf of a Hawaiian hotel, where she will defend a lower court's finding that the client was not liable under a successor liability theory for pension payments. Before the 2nd District Court of Appeal, she represents an auto dealership amid the developing legal issues surrounding electronic signatures used in forming arbitration agreements.
In one case, Coats represented a client in a strict liability and negligence construction defects suit and secured a full reversal of the trial court's decision adverse to the client. The outcome resulted in preserving her client's right to a jury trial. In a published opinion, the 1st District Court of Appeal resolved an issue of first impression by holding that when a plaintiff's standing is factually challenged in conjunction with construction defect claims, she has a right to a jury trial on the question. Stofer v. Shapell Industries, A139385 (Cal. App. 1st Dist., filed Aug. 5, 2013).
Coats said that in Stofer, "the substance of the client's storyline at the bench trial was very different from our appeal, which centered on constitutional principles. It was a pivot. We restated her contention that she had a right to a jury trial. That restored her right to tell her story in court. And now that the defense will be facing a jury, I wouldn't be surprised if the parties are inclined to settle."
— John Roemer
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