Appellate Litigation

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 is led by a former Sixth Circuit clerk and Ohio Deputy Solicitor and includes 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 that 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.

Our Work in Action - Representative Examples

• Obtained an order from an appellate court vacating and remanding a district court’s summary judgment order that a pharmaceutical client was equitably estopped from seeking to correct inventorship of certain patents, allowing the client to protect its intellectual property.
• Persuaded the New Jersey Supreme Court to reverse the intermediate appellate court and to holdthat consumers cannot establish an injury — and thus a consumer fraud claim — by alleging that they did not receive as good a bargain as they expected.
• Prevailed at the Ninth Circuit, where the Court upheld dismissal of deceptive pricing claims, even with allegations that other retailers sold the same item for more.
• Convinced the Sixth Circuit to reverse a district court that refused to enforce and arbitration clause because the AAA declined to administer the case.
• Persuaded the California Court of Appeal that California’s Former Pricing Law violates the First Amendment by restricting free speech.
• Represented the foremost retail trade association as amicus in appeals to the U.S. Supreme Court, Ninth Circuit, Massachusetts Supreme Judicial Court and Washington Supreme Court.
• Secured a multimillion-dollar settlement for a public utility on CERCLA contribution claims against legacy property owners.*
• Achieved dismissal with prejudice of a Qui Tam claim for a public utility, upheld by the Illinois Supreme Court.*
• Negotiated a favorable settlement for a renewable energy developer in a breach of Membership Interest Purchase Agreement (MIPA) action.*

*Matter completed prior to joining Benesch.