Charles Kagay has decades of appellate experience in both California and federal courts. 

He frequently handles appeals involving complex or novel legal questions, and his cases have addressed first-impression questions of civil procedure and statutory interpretation, including issues related to antitrust law, administrative law, physician credentialing, and anti-SLAPP (Strategic Lawsuit Against Public Participation) motions.  He also handles trial court actions of an appellate nature, such as petitions for writs of administrative mandamus and bankruptcy appeals.


He has been certified as California appellate specialist by the Board of Legal Specialization of the State Bar of California for well over a decade. 

He has been selected ten times as a “Northern California SuperLawyer” in appellate law, and he has both a peer rating and client rating of 5 out of 5 from Martindale-Hubbell.


Previously, Charles served as Chief Appellate Counsel in two Independent Counsel probes of cabinet-level officials in Washington, D.C. 

He also acted as a Deputy Attorney General for the State of California. Charles is a past member of the State Bar of California’s Committee on Appellate Courts, Committee on the Administration of Justice, and Antitrust and Unfair Competition Section’s Executive Committee. 


He holds three degrees from Harvard University.  

He earned his law degree, his graduate degree in public policy, and his undergraduate degrees there.

Law School

Harvard Law School


Super Lawyer Super Lawyers Magazine

5/5 Martindale-Hubbell

Bar Admissions


U.S. Court of Appeals Third, Fifth, Ninth, Eleventh, and D.C. Circuits

U.S. Supreme Court


Appellate Law

  • Certified Specialist, State Bar of California Board of Legal Specialization

Some of Charles’s cases

California Court of Appeal

Young v. Tri-City Healthcare Dist.

Established that a petition for writ of administrative mandate cannot generally be characterized as a SLAPP action

California Supreme Court

Mileikowsky v. West Hills Hospital and Medical Center

California Supreme Court decision that established a hearing officer in a hospital administrative proceeding lacks authority to dismiss a case on his or her own initiative

California Court of Appeal

UAS Management, Inc., v. Mater Misericordiae Hospital

Major, multi-million dollar decision that reversed a summary judgment and created new law regarding reconsideration motions in the context of antitrust lawsuits related to unlawful tying arrangements in the hospital industry.

California Supreme Court

Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

Important California Supreme Court ruling that established the parameters of the unfairness prong of California’s Unfair Competition Law, Business and Professions Code section 17200 et seq.

U.S. Court of Appeals for the D.C. Circuit

In re Sealed Case

Established parameters for enforcement of a special prosecutor’s subpoena to the White House.

U.S. Court of Appeals for the Eleventh Circuit

Abramson v. Gonzalez

Convinced federal appellate court to strike down Florida regulatory statute on First Amendment grounds.

Publications & media appearances

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