Practice overview
The appellate practice at Clark Hill can no longer be thought of as a mere tag end of litigation, the last task a busy trial attorney performs in a case. The stakes have become too large. The law and the rules, too complicated. Now more than ever the prosecution and defense of appeals call for specialists knowledgeable and experienced in appellate practice. As a full-service law firm, with business, governmental, and individual clients in virtually every area of civil practice, Clark Hill's appellate attorneys are extensively involved in appeals work on an ongoing basis, at all levels of federal and state appellate court systems.
Appellate practice is increasingly seen as a specialty in its own right. Appellate rules comprise an increasingly more intricate maze. With the costs and risks of litigation and the size of verdicts and judgments ever growing, the stakes on appeal expand proportionally. Cognizant of the escalating importance and complexity of appellate practice, we have our own appellate practice department, with a team of skilled, experienced attorneys and staff dedicated to appellate practice.
Not only do we have an extensive appellate practice, but a successful one, preserving victories for appellee clients, reversing losses for appellant clients, and producing settlements protective of client interests where appropriate. Though not every appeal or defense against an appeal can succeed, our clients have the assurance of skilled, experienced representation at competitive cost. In addition to the direct representation of appellant and appellee clients, we also represent clients on an amicus curiae basis. Again, our skills and experience have made us a strong, effective advocate on behalf of clients wanting to participate in an appeal as amici curiae.
Our appellate attorneys stand ready to assist you with whatever appellate needs you may have including:
- Identification and preservation of possible appellate issues during the trial process
- Preparation and filing of briefs and reply brief on behalf of appellants
- Development of appellate strategies most likely to succeed
- Preparation and filing of responsive briefs on behalf of appellees
- Preparation and filing of claims of appeal as a matter of right
- Preparation and filing of amicus curiae briefs and other pleadings
- Preparation and filing of applications for leave to appeal
- Preparation in appellate facilitation proceedings
- Preparation and filing of motions regarding appellate issues
- Oral argument
The following are some representative results of our appellate practice:
Krapohl v MarketScan (Michigan Court of Appeals, 2004) (reversal of jury verdict and entry of judgment for defendant in case involving the parol evidence rule).
Taylor v Smith Beecham Corp (Michigan Supreme Court, 2003) (Clark Hill filed an amicus curiae brief in support of the position which ultimately prevailed, reversing a Court of Appeals decision regarding Michigan's Tort Reform Act).
In re ATD Corp (U.S. Court of Appeals for the Sixth Circuit, 2003) (affirmance of trial court decision involving notice rights of creditors in bankruptcy proceedings).
Stokes v Millen Roofing Company (Michigan Supreme Court, 2002) (Clark Hill attorneys obtained a reversal of Court of Appeals precedent regarding the right to equitable relief under the Residential Builder's Act).
Weir v Crown Equipment Corp (U.S. Court of Appeals for the Seventh Circuit 2000) (affirmance of jury verdict for defendant in product liability suit).
For further information about our appellate practice, please contact James E. Brenner in our Detroit Office at 313/965-8814.
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