The Appellate Group has handled appeals in a wide variety of cases in all federal circuits, in the appellate courts of numerous states, and in the Supreme Court of the United States.

The rationale for having a separate Appellate Group is to encourage a fresh look at a case after disposition in the trial court. This results in an objective evaluation of the merits and an independent analysis of the issues, all of which is designed to enhance the likelihood of success on appeal. 

Members of the Appellate Group also frequently consult with trial counsel and participate in the trial of important cases, with particular emphasis on jury instructions, offers of proof, motions for judgment as a matter of law, and other means of preserving error for appeal.

The current members of the Appellate Group have personally briefed and argued more than 500 appeals. Because the members of the Appellate Group also specialize in other areas of law, they bring to the table an expertise in the subject matter of each case, including:

• Bankruptcy
• Class Action
• Environmental
• Intellectual Property
• Labor and Employment
• Product Liability
• Real Estate
• Securities
• Tax

This combination of appellate and subject matter expertise has resulted in victories in a wide range of cases:

• Financial Security Assurance, Inc. v. Stephens Inc., 500 F.3d 1276 (11th Cir. 2007) (after rare grant of motion for panel rehearing, affirming dismissal of securities fraud action seeking $100 million).
• Atlanta Journal Constitution, USA TODAY et al. v. City of Atlanta, 442 F.3d 1283 (11th Cir. 2006) (affirming award of attorneys’ fees to client USA TODAY for successfully challenging newsrack plan on First Amendment grounds).
• Federer v. Gephardt, 159 S.W.3d 451 (Mo. App. 2005) (affirming dismissal of Judicial Watch lawsuit against Congressman Gephardt).
• Hoffman-Pugh v. Ramsey, 312 F.3d 1222 (11th Cir. 2002) (affirming dismissal of libel claim filed against John and Patsy Ramsey).
• Service Vending Co. v. Wal-Mart Stores, Inc., 93 S.W.3d 764 (Mo. App. 2002) (outright reversal of $51 million judgment in contract case).
• Biomedical Sys. Corp. v. GE Marquette Medical Sys., Inc., 287 F.3d 707 (8th Cir. 2002) (affirming judgment of $75 million in contract case).
• Leggett & Platt, Inc. v. Hickory Springs Mfg. Co., 285 F.3d 1353 (Fed. Cir. 2002) (reversing summary judgment on doctrine of equivalence in patent case).

Members of the Appellate Group also volunteer hundreds of hours each year to pro bono appellate matters.  Some recent pro bono appellate highlights include:

• Vale v. Avila, 538 F.3d 581 (7th Cir. 2008) (affirming order requiring return of children in international child abduction case).
• Roper v. Weaver, 550 U.S. 598 (2007) (dismissing writ as improvidently granted and allowing lower court reversal of death sentence to stand).
• Bousley v. United States, 523 U.S. 614 (1998) (appointed by Chief Justice Rehnquist to argue position abandoned by government).