Appellate Litigation

Whether law is considered an academic discipline, an art, or a craft, mastering it requires forward-thinking strategies that anticipate and prepare for all circumstances that can materialize during the life of a case, including appeal. As a result, our appellate practice takes both offensive and defensive approaches. Appeals can provide a much-needed check on trial court decisions; however, they can also be costly and unnecessarily extend the life of the case. Our attorneys are mindful of both protecting legal issues for appeal and preventing errors that can lead to an unwanted appeal.

Our lawyers can handle matters from inception to appeal as well as taking on new cases for the appeals process only. In addition to representing parties during appellate proceedings, we are also available to draft amicus briefs that address significant legal issues on behalf of third parties.

The following cases are representative of our record of success in appellate litigation:

  • Chicago Property Interests, L.L.C. v. Jefferson Parish: Our attorneys won an appeal challenging a trial verdict in favor of our client, Jefferson Parish, in a class-action case filed by Jefferson Parish residents claiming damages as a result of Hurricane Katrina-related flooding. Plaintiffs' appeal alleged errors relating to the jury instructions, jury verdict form, and juror polling as well as errors in evidentiary rulings. On appeal, we combed through the complex trial record to prepare a brief that successfully defeated every error alleged on appeal. As a result, the defense verdict in favor of our client was affirmed.
  • Cook v. Depingre: Our attorneys won an appeal challenging dismissal of our client, KaJohn Oil, L.L.C., in a personal injury dog-bite case. On appeal, we successfully argued that the record showed that plaintiff failed to present evidence that our client had actual knowledge of a dangerous dog on his leased premises. Read the 2 nd Circuit's Opinion here.
  • Bourque v. Essex Insurance Company: Our attorneys, showing true determination, won an appeal to the Louisiana Supreme Court, after obtaining, not one, but two unanimous jury verdicts in favor of our client in a personal injury case. The first jury verdict was overturned when the trial court granted a motion for a new trial. The second jury verdict was overturned by the appellate court, who rendered judgment in favor of the plaintiff in excess of $2 million. With the law on their side and a brilliantly-argued appeal, our attorneys convinced the Louisiana Supreme Court to reinstate the jury verdict in favor of our client.