A focused appeal requires more than mere knowledge of the case below, the ability to write a convincing brief, or the skills to persuasively position and present an oral argument. It requires an in-depth knowledge of appellate courts and judges, a thorough understanding of complex appellate rules, doctrines and procedures, and a disciplined approach to problem-solving that is both strategic and creative.
McAfee & Taft’s appellate attorneys not only possess the analytical, rhetorical and writing skills necessary to win on appeal, but they are also highly experienced litigators who have a track record of successfully translating their extensive trial court experiences and talents into appellate court victories. Several have had the added benefit of serving as law clerks to appellate court justices before entering private practice.
In addition to representing our clients in appeals, our practice area includes the following:
Pre-Appeal Preparation
McAfee & Taft’s appellate lawyers are available to assist clients and other attorneys at all stages of a case prior to an appeal. This includes ensuring that the trial court record is protected, preserving arguments and evidence, seeking and prosecuting interlocutory appeals, obtaining mandamus or injunctive relief, and seeking post-trial relief.
Substitute or Assistant Appellate Counsel
In taking over a case for appeal that was tried by another firm, our appellate lawyers have succeeded in working effectively with the lawyers who tried the case to assure a smooth transition, whether the case was lost – or won – in the trial court. And we have had remarkable success in taking the lead in seeking post-trial relief in the trial court itself – from winning a substantial reduction in the attorneys’ fees sought by the prevailing party, to inducing an attractive settlement offer, and, in some instances, even obtaining a judgment notwithstanding the verdict.
Post-Appeal Relief
Motions for rehearing, rehearing en banc, and petitions for certiorari require specialized expertise. McAfee & Taft is available to help clients and other attorneys navigate the complexities of these areas.
Amicus Support
Carefully selected amicus curiae support can often provide a tipping point in a case. Persons, entities and associations or representative bodies are often unaware that they can express their position on an important issue even if they are not parties to the lawsuit through an amicus curiae (“friend of the court”) brief. Litigants should likewise consider enlisting amicus support on their side in appeals involving important issues. Although amicus briefs are usually filed in appellate or supreme court cases along with the parties’ briefing on the merits, an amicus brief can be filed in trial court proceedings, or in support of requests for rehearing or petitions for certiorari. McAfee & Taft is available to assist clients in obtaining amicus support at all levels and in all phases of litigation.
A representative sampling of the victories achieved by our appellate lawyers include:
- Represented amicus curiae at the appellate level in seeking a writ of certiorari, and at the U.S. Supreme Court level in a seminal case on the issue of ERISA subrogation
- Successfully persuaded the Oklahoma Supreme Court to adopt the Daubert standards for expert witnesses in Oklahoma. The decision, Christian v. Gray, 2003 OK 10, 65 P.3d 591, paved the way for Oklahoma state courts to apply the Daubert line of cases in Oklahoma civil proceedings
- Successfully represented a manufacturer of consumer products in an appeal before the Delaware Supreme Court in a lawsuit involving products liability claims
- Won reversal of an order granting a new trial and the reinstatement of a defendant’s verdict in a multi-million dollar products liability case
- Obtained affirmance from the U.S. Court of Appeals for the Tenth Circuit on the issue of ERISA pre-emption of state law, settling conflicting published district court opinions on the issue
- Successfully defended the appeal of a case in which the U.S. Court of Appeals for the Tenth Circuit established the scienter pleading standard under the Federal Securities Laws
- Prevailed in an appeal to the U.S. Court of Appeals for the Federal Circuit involving infringement of our client’s guiding heart catheter patent and affirmance of a jury award in excess of $14 million
- Successfully represented an insurance company in an appeal before the Oklahoma Supreme Court and Oklahoma Court of Appeals in a lawsuit involving claims of breach of contract and enforcement of a non-compete clause
- Successful in appeal before the U.S. Court of Appeals for the Tenth Circuit in a suit for a public policy tort claim brought by a former employee of a national airline
- Successfully represented a major hospital in an appeal before the Oklahoma Supreme Court and Oklahoma Court of Appeals in a lawsuit to collect prisoner medical bills
- Obtained affirmance from the U.S. Court of Appeals for the Federal Circuit of a trial court’s jury verdict finding patent validity and a damage award for the manufacturer of industrial equipment
- Successfully persuaded the U.S. Court of Appeals for the Tenth Circuit to overturn an agency action of the U.S. Department of Housing and Urban Development on the grounds the order was arbitrary and capricious
- Won reversal of a $4.7 million judgment in a preferential right of purchase dispute by showing that the trial court had failed to properly instruct the jury
- Obtained affirmance in the Oklahoma Supreme Court for a religious institution on First Amendment grounds
- Successfully persuaded the U.S. Court of Appeals for the Tenth Circuit to affirm summary judgment for the defense in a manufacturers’ products liability case where the plaintiff alleged that the tractor was unreasonably dangerous without a rollover protective structure ("ROPS")
- Represented Oklahoma Farm Bureau, Oklahoma Cattlemen’s Association, Osage County Farm Bureau, Osage County Cattlemen’s Association, Oklahoma Association of Electric Cooperatives, Oklahoma Independent Petroleum Association, Oklahoma Municipal League, Oklahoma Rural Water Association, Oklahoma Wildlife Management Association, Environmental Federation of Oklahoma, Public Service Company of Oklahoma and Oklahoma State Chamber of Commerce and Industry in filing an amici curiae brief before the U.S. Court of Appeals for the Tenth Circuit in Osage Nation v. Irby, No. 09-5050. The Court affirmed a lower court's ruling that the Osage Nation's reservation had been disestablished.