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Appellate Litigation

Marler Clark has developed a strong reputation for continuing to fight for our clients for as long as it takes, from the trial court all the way to the Supreme Court. We are committed to seeing our clients' rights vindicated even if an appeal is required. And we have the talent and experience needed to succeed on appeal. Our passion for advocating on behalf of our clients has brought us in front of appellate courts in Washington and in Wisconsin, including the Supreme Courts of both states. We have also argued a case all the way to the U.S. Supreme Court, the highest Court in the land.

Almquist et al. v. Finley School District

This appeal involved a $4.6 million dollar verdict that Marler Clark attorneys had won on behalf of eleven elementary school children injured in E. coli O157:H7 outbreak linked to undercooked ground beef used in tacos sold as part of a school lunch. The defendant school district appealed, trying to get the verdict reversed. The school district argued that Washington’s Product Liability Act did not apply to it, and that preparing tacos for a school lunch did not make the school district a manufacturer like other restaurants might be. The Court of Appeals rejected this argument, and held that school districts that sold school lunches should be held to the same safety standards as every other restaurant in the state.

O’Connor v. Washington Department of Social and Health Services

This groundbreaking appellate decision resolved the issue of whether state agencies could refuse to disclose public records relevant to a lawsuit under the Public Records Act, and instead require the person seeking the public records to obtain them in the lawsuit by way of discovery request. Refusing to accept the agency’s refusal to disclose public records, the attorneys at Marler Clark asked the Washington Supreme Court to resolve the question by granting direct, discretionary review—something the Court rarely does. Granting such review, the Supreme Court sided with the position advocated by Marler Clark, handing its client huge victory, while also creating an important precedent on behalf of every other person in the state seeking the disclosure of public records relevant to a lawsuit against a public agency.

Kriefal and Lesak et al. v. Excel Corp.

This important case arose from a large outbreak among customers of two Milwaukee-area Sizzler restaurants caused by consumption of buffet food items that had been cross-contaminated with E. coli O157:H7 that is alleged to have originated from sirloin tri-tips purchased by the restaurants from Excel, one of the defendants in the case.

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