Appellate Advocacy Summary
Hahn Loeser’s Appellate Advocacy Group tackles complex and high stakes appeals at every stage: from initial filings through the highest level of appeal. Led by attorneys with substantial experience briefing and arguing appeals in complex commercial cases around the country, the appellate team is often brought in post-judgment to bring a fresh set of eyes and talented advocacy to a difficult case.
The Appellate Advocacy Group has extensive advocacy experience in state and federal appellate courts around the country, including:
- Identifying appealable orders, including interlocutory appeals;
- Skillfully navigating the varied and technical requirements associated with appellate filings, from notices of appeal to amicus briefs;
- Writing powerful, concise, and persuasive merits briefs;
- Crafting creative and pointed oral arguments;
- Advising clients on when and how to seek reconsideration or discretionary review of an adverse appellate decision;
- Litigating original actions, such as complaints for extraordinary writs and election law matters.
Hahn Loeser’s appellate team includes several attorneys who have clerked in federal and state appellate courts in jurisdictions across the country (and internationally). Their experiences provide unique insight into the court process and the do’s and don’ts of motion and appellate practice.
In addition to their work directly in the appellate courts, Hahn Loeser’s appellate attorneys routinely consult on a wide variety of litigation matters, including by counseling trial teams and clients on:
- Drafting and presenting, or defending against, dispositive motions on complex issues at various stages of litigation;
- Best practices for preserving issues for appeal in all phases of litigation;
- Strategizing for a successful result on appeal;
- Strategies for navigating issues with potential appellate implications, from opening statements and direct and cross examination to the proffering of evidence and closing arguments;
- Drafting jury instructions and proposed judgments that can withstand appellate challenges;
- Preparing post-judgment motions.
Hahn Loeser’s appellate attorneys also identify and monitor appellate rulings and issues of significance for our clients. The appellate attorneys publish and present on these topics, including by analyzing key decisions from the United States Supreme Court and state supreme courts.
The Appellate Advocacy Group has achieved a number of significant victories, including the following recent noteworthy successes:
- Affirmance of a California trial court’s dismissal of a class action against an escrow company because the plaintiff had no injury;
- A unanimous affirmance in an Ohio Supreme Court appeal raising a novel procedural question;
- A second Ohio Supreme Court win in a complicated land use case raising questions about deed restrictions and the Marketable Title Act;
- Affirmance in the Sixth Circuit of summary judgment and an award of attorney fees, in favor of a lessee in a breach of contract action against its landlord;
- Successful defense in the Third Circuit of a summary judgment victory in a RICO case alleging a Ponzi scheme;
- Affirmance in the Seventh Circuit of summary judgment precluding a Title VII claim;
- Litigating to a favorable settlement an election-law original action in the Ohio Supreme Court—in less than two weeks;
- Victory in a mandamus action in Florida state court;
- Affirmance of an Illinois trial victory in two certified class actions that alleged that attorney title agents were receiving kickbacks from title insurance companies;
- A published affirmance of summary judgment in favor of the defendant on breach of contract and implied contract claims in the Ohio court of appeals for Cuyahoga County;
- An Ohio court of appeals affirmance of a unanimous jury verdict awarding $1 million compensatory damages for fraud, plus punitive damages and attorney fees.