When an issue of law is unsettled, or doesn’t go your way at trial, you should be considering whether an appeal will yield a better result trying to settle after an unfavorable ruling. Our attorneys have represented clients in appellate courts across the country, including most Federal Circuit Courts of Appeal. We handle petitions for certiorari (or state equivalents), merits briefing, and amicus filings. Because solid appellate work begins long before the notice of appeal is filed, our appellate specialists are available to consult on litigation strategy, issue preservation, and complex motions alongside trial counsel.
Successful appellate work often requires a fresh pair of eyes, and always takes proper planning and the skill of being able to turn a cold trial record into tangible issues appellate courts can easily engage with. Don’t fall into the trap of simply recycling a trial merits brief. Presenting a compelling appellate case requires nuance, depth of analysis, and focus beyond most trial-level motion practice. You may only have a chance to convince an appellate court to review one or two critical issues – issues which could impact future litigation for your company or your industry – and our appellate experts can help ensure you are selecting the right issues to present, and presenting the strongest version of the argument.
In addition to appeals arising from our core subrogation practice areas, we have special expertise in appeals regarding Civil Procedure, Personal Jurisdiction, and Administrative Law. Our amicus briefs cover a similarly broad range of public policy and procedural concerns facing business clients and non-profits.
Appellate Experience:
- Personal Jurisdiction
- Federalism and Erie
- Health Plan Rights (Subrogation, Benefits Claims, and Provider Billing Disputes)
- Administrative Procedure and Environmental Impact Studies
Example Cases:
Applegate-Bader Farm v. Wisconsin Dep’t of Revenue, 396 Wis. 2d 69 (2021) (Secured review and merits decision by the Wisconsin Supreme Court, reversing lower court and holding that the Department of Revenue was required to and failed to conduct a WEPA analysis before promulgating agricultural tax rule affecting wetland properties.)
Malone v. Stanley Black & Decker, Inc., 965 F.3d 499, 501 (6th Cir. 2020) (Defended foreign manufacturer from unsupported allegations seeking to establish personal jurisdiction in Ohio.)
Weyant v. Phia Grp. LLC, 823 F. App’x 51, 52 (2d Cir. 2020) (Defended a self-funded benefit plan from a claim of conversion related to a subrogation interest, and successfully argued, following a call for special briefing, that the federal courts had subject matter jurisdiction over the case.)
Reg’l Med. Ctr. of San Jose v. WH Administrators, Inc., 795 F. App’x 524 (9th Cir. 2020) (Argued ERISA appeal on behalf of subrogation agent and other Plan representatives regarding whether Plan’s anti-assignment clause barred hospital’s action.)
