Christopher Pooser

Christopher Pooser is the office managing partner of Stoel Rives’ Boise office. Christopher is an appellate attorney who 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 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.

Education

Tulane University Law School, 1996, cum laude

Georgia Institute of Technology, B.S. architecture, 1991

Admissions

Idaho

United States District Court for the District of Idaho

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Ninth Circuit

United States Court of Appeals for the D.C. Circuit

U.S. Court of Federal Claims

United States Supreme Court

• Snap! Mobile, Inc. v. Vertical Raise, LLC and Paul Landers, __ Idaho __, 544 P.3d 714 (Idaho 2024). Successfully represented Appellants Vertical Raise and Paul Landers. The Court reversed the trial court’s grant of a new trial or an additur of $1,300,000 and reinstated the jury’s verdict.
• Dickinson Frozen Foods, Inc. v. FPS Food Process Solutions, Corp., No. 22-35832, 2023 WL 6866273 (9th Cir. Oct. 18, 2023). Successfully represented Appellee FPS Food Process Solutions (with co-counsel; briefing only). The Court affirmed the trial court’s dismissal of a complaint for breach of contract and related claims based on a non-rebuttable jury instruction imposed as a sanction for the destruction of an industrial freezer and refrigeration system.
• Manning et al. v. Micron Technology, Inc., 170 Idaho 68, 506 P.3d 244 (Idaho 2022). Successfully represented Respondent Micron Technology. The Court affirmed the trial court’s dismissal of a complaint for wage claims on summary judgment based on the statute of limitations in Idaho Code § 45-608.
• Hilton v. Hilton, 169 Idaho 353, 496 P.3d 839 (Idaho 2021). Successfully represented Respondent Lance Hilton. The Court affirmed the trial court’s dismissal of a petition to divide an omitted asset.
• Seattle Tunnel Partners v. Great Lakes Reinsurance (UK) PLC, 492 P.3d 843 (Wash. Ct. App. 2021). Successfully represented Appellant Washington State Department of Transportation (with co-counsel; briefing only). The Court reversed the trial court’s orders on insurance coverage and damages.  
• California Fire-Roasted LLC v. Olam West Coast, Inc., C086686, 2021 WL 1115249 (Cal. Ct. App. March 24, 2021). Successfully represented Appellant Olam West Coast (with co-counsel; briefing only). The Court reversed the trial court’s rulings on a breach of contract claim and motion to withdraw admissions.
• Fitzpatrick, d/b/a Fitzpatrick Trucking v. Trail Creek Enterprises, LLC, et al., 2021 MT 32N, 2021 WL 457000 (Mont. February 9, 2021). Successfully represented Respondent Western States Equipment (with co-counsel; briefing only). The Court affirmed the trial court’s dismissal of claims for conversion, emotional distress, and punitive damages under M. R. Civ. P. 12(b)(6).
• Jennifer Porcello et al. v. Estate Annie C. Porcello and Estate of Anthony J. Porcello, 167 Idaho 412, 470 P.3d 1221 (2020). Successfully represented Appellants Estates of Annie Porcello and Anthony Porcello. The Court reversed the trial court’s interpretation of a promissory note and deed of trust.
• California Department of Water Resources, et al. v. Sunrise Power Company, LLC, et al., Case No. C085143, 14 Cal.App.5th 663 (Cal. Ct. App. 2019). Successfully represented Respondents Sunrise Power Co. and Chevron Power Holdings (with co-counsel; briefing only). The Court affirmed the trial court’s grant of demurrers on claims of breach of contract, breach of good faith and fair dealing, fraud, breach of implied-in-fact contract, and unjust enrichment.
• Tradeline Enterprises PVT. LTD. v. Jess Smith & Sons Cotton, LLC, et al., 772 Fed.Appx. 585 (9th Cir. 2019). Successfully represented Appellee Jess Smith & Sons (with co-counsel; briefing only). The Court affirmed the trial court’s ruling compelling arbitration of an anti-trust claim.
• Bergeman v. Select Portfolio Servicing et al., 164 Idaho 498, 432 P.3d 47 (2018). Successfully represented Respondent Select Portfolio Servicing. The Court affirmed the trial court’s dismissal of claims of misrepresentation, trespass, and emotional distress under I.R.C.P. 12(b)(6).
• In the Interest of: Jane Doe II, 164 Idaho 84, 425 P.3d 285 (2018). Successfully represented appellant (with co-counsel). The Court reversed trial court’s appointment of respondents as guardian of a minor child.
• Cal Sierra Development, Inc. v. George Reed, Inc., C080397, 2017 WL 3599608 (Cal. Ct. App. August 22, 2017). Successfully represented Respondent George Reed (with co-counsel; briefing only). The Court affirmed the trial court’s ruling that an arbitration award served as res judicata to bar lawsuit for trespass and nuisance.
• Union Bank, N.A. v. North Idaho Resorts, LLC, 161 Idaho 583, 388 P.3d 907 (2017). Successfully represented Respondent Union Bank. The Court affirmed the trial court’s rulings on lien priority to real property.
• Union Bank, N.A. v. JV LLC, 163 Idaho 306, 413 P.3d 407 (2017). Successfully represented Respondent Union Bank. The Court affirmed 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. The Court reversed 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. The Court affirmed 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. The Court reversed 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. The Court reversed 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. December 8, 2015). Successfully represented Respondent Franklin Fueling Systems (with co-counsel; briefing only). The Court affirmed 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 Appellee Coeur d’Alenes Company. The Court affirmed 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). The Court affirmed 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). The Court dismissed 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. The Court affirmed 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. The Court dismissed the 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 Appellee St. Luke’s Regional Medical Center. The Court affirmed the trial court’s dismissal of 42 U.S.C. § 1983 and battery claims against St. Luke’s.

Insights & Presentations

• “The Uses and Limits of a Motion for Reconsideration in Idaho” (co-author), The Advocate, Idaho State Bar, January 2024
• “Interlocutory Appeal in Idaho—Is There a Better Process?” (co-author), The Advocate, Idaho State Bar, February 2023
• Idaho Appellate Handbook (6th ed. 2019), co-editor and author of Chapter 2 (Preserving Issues for Appeal) and Chapter 11 (Post-Decision Motions)
• Idaho section of 50-State Survey: Toxic Exposure Claims (co-author), ABA, October 2016
• “The Benefits of an Appellate Lawyer,” The Advocate, Idaho State Bar, August 2015

• American Academy of Appellate Lawyers, Fellow
• Listed in Mountain States Super Lawyers^® (Appellate, Business Litigation), 2013–present
• Selected as one of “America’s Leading Lawyers for Business” (Idaho) by Chambers USA (Litigation: General Commercial), 2017–present
• Idaho State Bar 2020 Service Award, Recipient
• Named one of Idaho’s Leaders in Law by Idaho Business Review, 2015
• Stoel Rives Pro Bono Award, Recipient, 2015 and 2016
• Stoel Rives Mentor of the Year, Recipient, 2013

Professional

• Appellate Practice Section of the Idaho State Bar, Co-founder, former Chair, and periodic Governing Council Member
• Idaho Appellate Rules Advisory Committee, Member
• Litigation Section of the Idaho State Bar, Member
• Appellate Lawyer Representative to the Ninth Circuit Judicial Conference, 2020-2022

Civic

• Idaho Volunteer Lawyers Program, Volunteer Attorney
• Idaho Botanical Garden, former Board Member and President
• City of Boise Historic Preservation Commission, former Member and Chair