Ben Feuer

Chairman
E-mail: ben@calapplaw.com
Phone: (415) 649-6700 ext. 1

Ben 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 TimesThe Huffington Post, and the National Law Journal, as well as The Recorder, The Daily Journal, and Corporate Counsel. He also often appears on the Daily Journal‘s appellate podcasts to discuss upcoming Supreme Court cases. You can read most of Ben’s articles and listen to his podcasts by clicking here.

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)