Appellate

Our lawyers have achieved favorable results in state appellate courts and circuit courts of appeal around the country. Whether the Firm is defending victories or challenging adverse rulings, our lawyers bring the same ingenuity, skill, and compelling presentation to matters before appellate courts as they do in the trial courts. In addition to prevailing in appeals of cases the Firm handled at the trial level, our lawyers have also been retained to handle or participate in appeals in cases handled below by other counsel.

Recent Successes

Prevailing before the Third Circuit Court of Appeals, which affirmed the dismissal on sovereign immunity grounds of a lawsuit brought in the United States District Court for the District of New Jersey by former principals and vice principals in a county school district who claimed they were fraudulently induced into retiring and resigning in violation of their due process right to continued tenured employment;
Acting as lead appellate counsel on behalf of a large group of defendants, prevailing before the Pennsylvania Superior Court, which affirmed the dismissal of a toxic tort/cancer case based on forum non conveniens;
Prevailing before New York’s Appellate Division (First Department), which affirmed the dismissal of a complaint alleging that the Firm’s client made misrepresentations and breached fiduciary duties owed to plaintiffs in connection with the Madoff Ponzi scheme;
Prevailing before New York’s Appellate Division (Second Department), which affirmed the dismissal of racketeering and conspiracy claims against the Firm’s client in connection with its financing of a $23M real estate project in Brooklyn, New York.

Prevailing before New York’s Appellate Division (First Department), which affirmed the dismissal of a complaint against the Firm’s client, a national life insurance company, by its former servicing agent in Latin America, for wrongful termination and commissions due under the parties’ agency agreement;
Prevailing before New Jersey’s Appellate Division, which affirmed the summary judgment dismissal of a fraud and civil conspiracy action brought against the Firm’s client, a national life insurance company;
Prevailing before New Jersey’s Appellate Division, which affirmed the summary judgment dismissal of a toxic tort action brought against two of the Firm’s large specialty chemical clients;
Prevailing before the Second Circuit Court of Appeals, which affirmed the dismissal of fraud and breach of contract claims brought in the United States District Court for the Southern District of New York against the Firm’s client, a global money transfer provider, by a Lichtenstein trust, relating to the client’s business in the former Soviet Union;
Prevailing before New Jersey’s Appellate Division, which affirmed the trial court’s grant of summary judgment dismissing consumer fraud and products liability claims against the Firm’s client;
Prevailing before the Third Circuit Court of Appeals, which affirmed the dismissal of Title VII race and gender discrimination claims brought in the United States District Court for the District of New Jersey against the Firm’s client, a large, publicly traded manufacturing company;
Prevailing before New Jersey’s Appellate Division, which affirmed the trial court’s entry of summary judgment against failure to warn claims brought against the Firm’s clients, large, publicly traded petrochemical companies;
Prevailing before New York’s Appellate Division (First Department), which affirmed the dismissal of warranty and related claims against the Firm’s client, primarily based on New York’s applicable statutes of limitation;
Prevailing, in part, before the Fourth Circuit Court of Appeals, which affirmed in part the United States District Court for the Eastern District of North Carolina’s grant of summary judgment in favor of the Firm’s client against a national home builder’s claims under Connecticut’s Product Liability Act;
Briefed and argued before the New Jersey Supreme Court the leading case in New Jersey addressing the integrated product rule and New Jersey’s economic loss doctrine;
Prevailing, before the New Jersey Supreme Court, which reinstated a trial court’s grant of summary judgment in favor of the Firm’s client enforcing a foreign state court’s judgment approving a nationwide class settlement; and
Prevailing before the Appellate Term in New York (Second Department), which reversed an order below denying our client’s motion to dismiss plaintiff’s complaint (handled by other counsel), finding that the complaint was barred under Article 2-A of the UCC.