Christopher Pooser

Christopher Pooser
Partner
Boise, ID
Overview

About Christopher

Christopher Pooser represents clients before federal and state appellate courts, including the Ninth Circuit Court of Appeals and the Idaho Supreme Court. His appellate practice focuses on helping clients assess their tolerance for risk on appeal and ultimately positioning them for success on appeal. He also works with trial attorneys to ensure the facts and legal issues are carefully developed and presented and a complete trial record is preserved for appeal. 

Christopher’s record of success is built on the recognition that a trial and an appeal are fundamentally different and require different perspectives and strategies. He understands the constraints of appellate decision-making and how to select and shape the strongest arguments in light of the standard of review. Christopher’s strengths are his thorough and focused review of the trial record and the controlling law and his ability to build and craft persuasive and compelling arguments. 

Christopher is also working to advance appellate practice in Idaho. He is the co-founder and past-chair of the Idaho State Bar’s Appellate Practice Section and was an editor and contributor to the Idaho Appellate Handbook (4th ed. 2015). He is a member of the Idaho Supreme Court’s Appellate Rules Advisory Committee and regularly represents pro bono clients in appeals through the Idaho Volunteer Lawyers Program. He is also working to develop an appellate pro bono program for pro se litigants in Idaho.

Christopher lives in Boise with his wife, twelve-year old daughter, ten-year old son, and basset hound named Sue.

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Experience

Experience

  • Union Bank, N.A. v. North Idaho Resorts, LLC, No. 42467-2015, 2017 WL 382401 (Idaho Jan. 27, 2017). Successfully represented Respondent Union Bank, obtaining affirmance of the trial court’s rulings on lien priority to real property.
  • Union Bank, N.A. v. JV LLC, No. 42479-2015, 2017 WL 383434 (Idaho Jan. 27, 2017). Successfully represented Respondent Union Bank, obtaining affirmance of the trial court’s rulings on lien priority to real property.
  • Patricia Marek et al. v. Hecla Limited et al., 161 Idaho 211, 384 P.3d 975 (2016). Prepared an amicus brief for Idaho Association of Commerce and Industry concerning an exception to workers’ exclusive remedy under Idaho’s worker’s compensation law.
  • Jane Doe I and John Doe I v. Jane Doe II and John Doe II, 160 Idaho 311, 372 P.3d 366 (2016). Successfully represented appellants, obtaining reversal of the trial court’s appointment of respondents as co-guardians of a minor child.
  • Davies v. Davies, 160 Idaho 74, 368 P.3d 1017 (Ct. App. 2016). Successfully represented the respondent, obtaining affirmance of the trial court’s attorney fee and child support awards.
  • Liberty Bankers Life Insurance Co. v. Witherspoon, 159 Idaho 679, 365 P.3d 1033 (2016). Successfully represented Appellant Liberty Bankers Life Insurance Company, obtaining reversal of the trial court’s rulings on lien priority to real property and a commercial marina.
  • Gordon v. Hedrick, 159 Idaho 604, 364 P.3d 951 (2015). Successfully represented appellant, obtaining reversal of the intermediate appellate court’s ruling that a “mutual mistake” of fact is required to rescind a voluntary acknowledgment of paternity.
  • California Air Res. Bd. v. Franklin Fueling Sys., Inc., No. B252455, 2015 WL 8455538 (Cal. Ct. App. Dec. 8, 2015). Successfully represented Respondent Franklin Fueling Systems (with co-counsel; briefing only), obtaining affirmance of the trial court’s ruling that the California Air Resources Board failed to prove Franklin Fueling Systems violated an air pollution statute governing gasoline vapor recovery systems.
  • United States, et al. v. Coeur d’Alenes Co., 767 F.3d 873 (9th Cir. 2014).  Successfully represented Respondent Coeur d’Alenes Company, obtaining affirmance of the trial court’s approval of a CERCLA consent decree.
  • Aspen Grove Condominium Association v. CNL Income Northstar, LLC, et al., 231 Cal.App.4th 53 (Calif. Ct. App. 2014). Successfully represented Respondent Aspen Grove Condominium Association (with co-counsel; briefing only), obtaining affirmance of the trial court’s mandatory injunction against upslope developers and property owners for seepage from a water retention basin.
  • Dornoch Holdings International, LLC, et al. v. Conagra Foods Lamb Weston, Inc., et al., Case No. 1:10-CV-00135-TJH (Idaho Fed. Dis. Ct. 2013). Successfully represented Defendant Conagra Foods Lamb Weston (with co-counsel; briefing only), obtaining the dismissal of plaintiffs’ breach of contract and other claims with prejudice for discovery abuses.
  • State Farm Mutual Automobile Insurance Co. v. Enterprise Rent-A-Car Company of UT, LLC, Case No. CV-0923700 (4th Dist. Idaho 2013).  Successful represented Respondent Enterprise Rent-A-Car Company, obtaining affirmance of the trial court’s ruling that Enterprise was not required to provide liability insurance to permissive users of its vehicles as a self-insurer under Idaho’s Motor Vehicle Financial Responsibility Law.
  • Kinghorn v. Clay, 153 Idaho 462, 283 P.3d 779 (2012). Successfully represented Respondent BRP, Inc., obtaining dismissal of appeal, which sought to overturn the trial court’s denial of a motion to perfect an attorney fee lien.
  • Mueller v. Auker, et al., 700 F.3d 1180 (9th Cir. 2012). Successfully represented Respondent St. Luke’s Regional Medical Center, obtaining  affirmance of the trial court’s dismissal of 42 U.S.C. § 1983 and battery claims against St. Luke’s.
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Honors

Honors & Activities

Professional Honors and Activities

  • Listed in Mountain States Super Lawyers® (Appellate, Litigation), 2013-2017
  • Selected as one of “America’s Leading Lawyers for Business” (Idaho) by Chambers USA (currently: Litigation: General Commercial), Recognized Practitioner, 2017
  • Named one of Idaho’s Leaders in Law by Idaho Business Review, 2015
  • Co-founder and past-chair, Appellate Practice Section of the Idaho State Bar
  • Member, Idaho Appellate Rules Advisory Committee
  • Member, Litigation Section of the Idaho State Bar
  • Recipient, Stoel Rives Pro Bono Award, 2015 and 2016
  • Recipient, Stoel Rives Mentor of the Year, 2013

Civic Activities

  • Volunteer attorney, Idaho Volunteer Lawyers Program
  • Board member and past president, Idaho Botanical Garden, 2004-present
  • Member and chair, City of Boise Historic Preservation Commission, 2007-2010
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Insights & Presentations

Insights & Presentations

  • Idaho Appellate Practice Blog
  • Idaho Appellate Handbook (4th ed. 2015), co-editor and author of Chapter 2 (Preserving Issues for Appeal) and Chapter 11 (Post-Decision Motions)
  • “The Benefits of an Appellate Lawyer,” The Advocate, Idaho State Bar, Aug. 2015
  • Idaho Section of 50-State Survey re Chemical Exposure Litigation (co-author), ABA, to be published
  • “How to Write, Edit and Review Persuasive Briefs” (co-presenter), Idaho State Bar, July 2012
  • “The Tension Between Promoting Product Stewardship and Protecting Liability Defenses” (copresenter), National Complex Litigation Conference: A Symposium on Current & Emerging Issues, Chicago, Illinois, June 2012
  • “Can Sigmund Freud Help Us Improve Our Trial Skills and Legal Writing” (coauthor), The Advocate, Idaho State Bar, Mar./Apr. 2012
  • “Trial and Terror: When Product Stewardship Becomes a Legal Liability” (co-author), DRI Toxic Torts and Environmental Law Seminar, Miami Beach, Florida, Feb. 2012



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