Appellate Practice

The Lavin firm’s appellate practice includes partners and associates who possess the analytical, brief writing and oral advocacy skills necessary to effectively represent clients before federal and state appellate courts. When necessary, our appellate lawyers are admitted pro hac vice (i.e., for purposes of a specific case), thereby enabling them to represent clients virtually anywhere in the United States where an appeal has been filed.

Since courts of appeals decide only those issues that have been properly preserved, our lawyers’ work includes the ability to identify those issues, and knowing when and how to raise them. They assemble the arguments into clear, concise and persuasive briefs.

Our appellate lawyers become involved in the cases well before the trial. That way, our lawyers use their expertise and experience to identify those appellate issues that should be preserved and to know when to raise them. The appellate lawyers employ a writing style that combines clarity with brevity, thereby avoiding the cumbersome phraseology for which legal documents have long been known.

Lawyers in our Appellate Group:

  • Strategize appeals
  • Provide advice on appellate jurisdiction
  • Provide advice on appellate rules, practices and procedures
  • Prepare amicus curiae (friend of the court) briefs for trade associations and individual corporate clients
  • Work with trial counsel to brief important legal issues, preserve issues for review and resolve potential problems before they arise
  • Provide trial court-level advice on structuring and preserving issues for appeal
  • Provide trial court-level advice on making and preserving the record on appeal
  • Monitor trial court proceedings for possible appealable issues.

Our Appellate Group has worked on matters for automotive, elevator, industrial truck and pharmaceutical manufacturers, as well as for medical laboratories. Examples of our work include:

  • A case in the Pennsylvania Supreme Court resulting in the conclusion that negligent drivers and strictly liable manufacturers can be found joint tortfeasors with respect to any enhanced injuries claimed in a crashworthiness action
  • Explaining why a federal court had improperly assumed subject matter jurisdiction over a matter for which its actual jurisdiction was limited to the determination of whether it had subject matter jurisdiction
  • Writing amicus briefs for the Product Liability Advisory Council on issues of crashworthiness and OSHA pre-emption as applied to lift trucks.

Our lawyers are active members of national, state and local bar associations and numerous client industry groups. One of our partners assembled a state-by-state compendium of product liability defenses.

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