Robert A. Brundage

Robert is certified as specialist in appellate law by the State Bar of California Board of Legal Specialization.

He also served as a law clerk to Judge John T. Noonan, Jr., of the US Court of Appeals for the Ninth Circuit.

• Toyota and other vehicle manufacturers in various appellate matters
• A global auto manufacturer in winning a California Supreme Court decision. The state Supreme Court overruled multiple lower-court cases and held that industry practice can be admissible at trial when plaintiff claims that a product was defectively designed
• A motorcycle manufacturer in winning a reversal of an over $7 million product-liability verdict in a California court. The appellate court held that plaintiff’s evidence at trial was legally insufficient on every claim, the trial court wrongly admitted evidence of a product recall unrelated to plaintiff’s accident, and the trial court made additional errors. The appellate court held that our client was entitled to judgment or a new trial
• A major product manufacturer in winning a precedent-setting writ in the California Court of Appeal. The Court of Appeal rejected prior precedent and held that a trial court cannot require a party to bring out-of-state employees to California for deposition
• A client in winning a reversal of a class-action judgment in a breach-of-contract suit brought by former employees. Overturning the reasoning of all five previous judges to address the issue, the California Court of Appeal held as a matter of law that our client was not liable
• A global auto maker in winning a product-liability appeal in Washington state court. The appellate court held that the eggshell-plaintiff rule did not preclude the automaker’s expert witness from explaining how the plaintiff’s weight caused plaintiff’s injuries
• Amicus curiae defending a state law, developed the key jurisdiction argument that caused the federal district court to dismiss the case and the US Court of Appeals for the Ninth Circuit to affirm.
• A major railroad locomotive manufacturer in a successful product-liability case in the US Court of Appeals for the Second Circuit, the US Court of Appeals for the Ninth Circuit, the California Supreme Court, and the Alabama Supreme Court. The appellate courts held that federal law preempted plaintiffs’ product-liability claims and our client was entitled to summary judgment
• A defendant on appeal in a California trade-secret case, obtained affirmance of the trial court’s ruling that our client could use a critical customer list
• A global motor-vehicle manufacturer in obtaining affirmance of a defense judgment after a jury trial in California. The Court of Appeal held that federal law preempted plaintiffs’ claims regarding the design of the vehicle’s restraint system
  An independent physician association in obtaining reversal of an order denying our client’s petition to compel arbitration of multimillion-dollar claims against a former affiliate
• A global motor-vehicle manufacturer in a successful appeal from a defense judgment. The Court of Appeal affirmed that the consumer-expectation test for design defect did not apply to vehicle’s performance in high-speed impact
• A bank in winning a wire-transfer case in the US Court of Appeals for the Second Circuit. The Court of appeals affirmed summary judgment for our client that the Uniform Commercial Code barred a customer’s claim that the bank had wrongly debited the customer’s account and negligently transmitted data enabling an imposter to initiate wire transfers
• A global manufacturer in winning a personal-jurisdiction appeal for in the US Court of Appeals for the Sixth Circuit. The Court of Appeals held that the trial court could not exercise personal jurisdiction over a corporation based on activities of its American subsidiary
• A foreign government in winning reversal of a trial court’s order denying sovereign immunity in the US Court of Appeals for the Ninth Circuit
• A vehicle distributor in obtaining summary judgment and appellate affirmance in favor of our client in a vehicle dealer’s suit seeking indemnity against a claim that the dealer was negligent
• A major vehicle manufacturer in a product-liability case in Florida federal court. Obtained judgment as a matter of law overturning jury verdict, then defeated plaintiff’s argument that the court lacked subject-matter jurisdiction
• A commercial landlord on an issue of first impression in California appellate courts. The Court of Appeal held that a lease provision, stating that the tenant did not have to pay rent to our client unless another specific tenant was open and operating, was an unenforceable penalty. It held other lease provisions enforceable.
• A major vehicle manufacturer winning a product-liability appeal in the US Court of Appeals for the Sixth Circuit. The panel held that federal court had jurisdiction, the district court properly struck plaintiff’s expert-witness disclosure, and the district court properly granted summary judgment to client
• An employer on appeal in a case claiming employment discrimination in California. The Court of Appeal affirmed summary judgment for our client, rejecting claims of employment discrimination and wrongful termination
• An employer on appeal in an ex-employee’s case claiming breach of a stock-option contract. The California Court of Appeal affirmed judgment notwithstanding the verdict for our client, holding that the alleged agreement was unsupported by evidence and unenforceable
• Prison inmates on appeal in their lawsuit challenging prison officials’ requirement that inmates forfeit the interest on their savings accounts. The US Court of Appeals for the Ninth Circuit reversed the summary judgment against our clients and ordered the district court to grant summary judgment to our clients
• A major vehicle manufacturer on appeal from a defense judgment in California. The Court of Appeal affirmed that the consumer-expectation test for design defect did not apply to plaintiff’s claim regarding airbag deployment.
• The former operator of a manufacturing plant in a groundwater-contamination suit in California federal court, obtained dismissal of a claim seeking a multimillion-dollar environmental cleanup under state law
• Other clients as diverse as a pistachio grower appealing a judgment for breach of contract to sell pistachios, a personal-watercraft manufacturer appealing a product-liability judgment, and a broker-dealer appealing refusal to compel arbitration of a securities claim