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.

emailpdflinkedin

Overview

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

Identifying and preserving appealable issues at the trial level and helping frame dispositive motions with an eye toward appeal.

Handling appeals across state and federal courts, including emergency motions, expedited reviews and en banc proceedings.

Drafting influential briefs for industry groups and interested parties to shape legal developments.

Navigating complex appellate proceedings before state and federal commissions and regulatory authorities.

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.

Related Practices

Litigation

Our work in action

Representative Examples

Overturned a district court ruling

that impeded pharmaceutical client’s ability to protect its IP rights. Our appellate success cleared the way for client to correct patents so they listed our client as the inventor.

Set precedent in the Washington Supreme Court

holding that alleging a false reference price does not satisfy the Washington Consumer Protection Act’s injury element. The result insulated retailers and e-commerce platforms from lawsuits targeting them for allegedly false sales and threatening massive exposure.

Convinced the Texas Court of Appeals to reject state university’s sovereign-immunity claim

in a major construction dispute, clearing the way for our client to recover millions in unpaid invoices.

Persuaded the New Jersey Supreme Court

to reverse the intermediate appellate court and to hold that 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.

Convinced the Seventh Circuit to reverse summary judgment

that the district court entered against our incarcerated client on his Eighth Amendment claim.*

(Pro bono engagement)

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.

Represented a sitting U.S. Senator

as amicus curiae in the “Bridgegate” case at the U.S. Supreme Court.

Secured a multimillion-dollar settlement

for a public utility on CERCLA contribution claims against legacy property owners.*

Convinced the Sixth Circuit

to reverse a district court that refused to enforce and arbitration clause because the AAA declined to administer the case.

Succeeded in JAMS Arbitration appeal,

convincing the appellate panel of arbitrators to reverse the merits arbitrator’s awards of injunctive relief and attorneys’ fees.

*Matter completed prior to joining Benesch.