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  1. Services
  2. Litigation

Appellate Litigation

Benesch’s Appellate Litigation Team serves as a force multiplier, drawing on an impressive record of preserving our clients’ victories and overturning adverse decisions. We refine strategy and provide exceptional advocacy to guide clients through complex appeals at every level of the judiciary.

Deeply integrated into the firm’s broader Litigation practice, our appellate lawyers work hand-in-hand with trial counsel to ensure issues are preserved, records are developed strategically and arguments are framed for success on appeal. When brought in after judgment, we bring new focus and clarity, reassessing the case from top to bottom and advancing the strongest possible arguments.

Every appeal is an opportunity to refocus the lens on the law. Our team brings sophisticated appellate talent, strategic thinking and a commitment to delivering results that support our clients’ long-term business goals.

An Experienced Team

Our team includes former appellate clerks and lawyers with extensive appellate experience across nearly 40 jurisdictions, including before the U.S. Supreme Court, U.S. Courts of Appeals, state high courts and regulatory bodies. Our appellate team includes a former Sixth Circuit clerk and Ohio Deputy Solicitor, as well as attorneys trained at top law schools with exceptional credentials and proven track records.

Key Services

  • Trial Support & Pre-Appeal Strategy: Identifying and preserving appealable issues at the trial level and helping frame dispositive motions with an eye toward appeal.
  • Direct Appellate Representation: Handling appeals across state and federal courts, including emergency motions, expedited reviews and en banc proceedings.
  • Amicus Briefs: Drafting influential briefs for industry groups and interested parties to shape legal developments.
  • Regulatory & Administrative Appeals: Navigating complex appellate proceedings before state and federal commissions and regulatory authorities.
  • Collaborative Consulting: Working with trial teams both inside and outside the firm to advise on appellate posture and risk throughout a case’s lifecycle.

A Collaborative Team Approach

From ensuring critical issues are preserved at trial to developing nuanced appellate strategies, our team collaborates closely with trial attorneys to ensure every argument is strategically crafted. Our approach is both practical and creative, leveraging our appellate experience to anticipate challenges and prepare the strongest possible case.

Whether briefing cutting-edge legal issues, arguing before appellate panels or advising trial counsel on motion strategy and preservation tactics, we combine deep subject-matter insight with sophisticated advocacy and a client-first mindset.

Experience

  • Represented electric public utility in a non-time critical removal action at a 46 acre commercial site in downtown Milwaukee, WI, with legacy 19th and 20th century industrial activities, including negotiation of related administrative agreements under Section 106 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).*
  • Represented employer in successful mediation of wage and hour class action of 900+ current and former bargaining unit employees with regards to federal and state compensation claims for pre-shift and wash-up time at power plant.*
  • Represented natural gas public utility in state action filed by Illinois Attorney General, Environmental Division, and related civil actions filed by private parties, with regards to unintentional release from an underground natural gas storage facility that impacted freshwater aquifer serving over 800,000 residents, including the negotiation of several Interim Orders and Final Settlement Order with administrative environmental remediation consent decree.*
  • Represented natural gas utility before the Illinois Supreme Court affirming an Illinois Commerce Commission order allowing a four-year pilot program to become permanent for a volume balancing adjustment rider imposing revenue decoupling on natural gas utility customers.*
  • Represented natural gas utility in breach of contract claim made by local government entity arising from the expiration of a 99 year lease and extent of environmental remediation with negotiation of new 50 year lease for natural gas pipeline.*
  • Represented public utility in CERCLA contribution claims against generators and legacy property owners resulting in favorable multi-million dollar settlements.*
  • Represented public utility in Qui Tam claim with regards to allegations of misleading state regulators during rate case proceedings from successful motions to dismiss through Illinois Supreme Court order affirming circuit court dismissal of the matter with prejudice.*
  • Represented renewable energy developer in acquisition of 12 renewable energy projects and action for breach of MIPA by seller. Obtained favorable settlement in favor of developer.*
  • Represented through successful mediation and settlement agreement a natural gas public utility in claim made by local government entity for damages related to alleged hazardous release of contaminants onto plaintiff’s property.*
Key Contacts
  • Michael D. Meuti
    Litigation
    Cleveland

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  • Litigation
News
October 29, 2024
Partner Michael Meuti Quoted in Bloomberg Law | "Partisanship Roils State Supreme Courts. Not in New Jersey"
June 6, 2023
Silverstein and Meuti File Petition for Writ of Certiorari in Supreme Court
March 6, 2023
Meuti, Maliza, and Boninger File Petition for Writ of Certiorari in Supreme Court

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