A hard-fought victory or devastating loss at trial may just be the first act in the litigation drama, with the final scene playing out on appeal. Preserving victories or righting errors on appeal requires a skillset and approach different from that at the trial court level.
Accomplished Appellate Advocates
Enter the Segal McCambridge appellate team. Our attorneys have the skill and savvy essential to consistently produce client-favorable results. With insights acquired over more than two decades in federal and state appellate courts at all levels, including the United States Supreme Court, our lawyers possess a deep knowledge and understanding of the appellate judges’ perspective. Before appeal, we effectively identify, preserve, and frame key issues and properly construct the record. Once on appeal, we develop, craft, and present winning arguments. We are well positioned to represent a party on appeal in virtually any circumstance.
Collectively our appellate team members have extensive trial and appellate court experience in cases involving myriad evidentiary, procedural, substantive and policy issues. These include cases involving constitutional law, consumer protection, criminal law, immigration, insurance coverage, medical malpractice, motor vehicle design and negligence, municipal liability, police procedure, products liability, trucking and transportation, toxic torts and warranty law.
We also appreciate that policy considerations and other factors beyond the case can and do influence appellate court decisions. For this reason, groups within the industries we service often call on us to prepare and submit “friend of the court” briefs in cases involving issues that affect their constituents and the way they do business.
Our breadth and scope of experience are important reasons for our success and national reputation as formidable appellate advocates.
At the Forefront
Our appellate team is at the forefront on issues that matter to our clients.
Here are two examples. Our appellate team persuaded the Supreme Court to establish new law under the Federal Rules of Evidence. We convinced the Court to recognize the psychotherapist-patient privilege, thus preserving the confidentiality of private communications between our client, a police officer involved in line-of-duty shooting, and her therapist.
Even before the Court decided Daubert, tightening the federal standard for admitting expert evidence, our appellate lawyers persuaded the Seventh Circuit Court of Appeals to disregard factually unsupported expert testimony in a product liability action. This decision benefitted not only product manufacturers, but all our clients embroiled in federal litigation. We continue to leverage that decision and its offshoots to secure and preserve favorable trial court judgments in later cases.
These are just a couple of examples of how well-crafted arguments and skillful advocacy by our appellate attorneys changed the law, producing results that truly make a wide-ranging impact.
Serving the Public Interest
Working with the Illinois Office of the Appellate Defender, our appellate team represents defendants pro bono in criminal appeals. We do this because it benefits the public interest by easing judicial backlog; it benefits individual defendants by accelerating their appeal, and it provides less experienced team members hands-on experience in a real-world setting under the guidance of highly skilled veterans.
Creative Fee Arrangements
We do not limit our creativity to developing arguments and writing briefs. Devising new ways of solving old problems infuses every aspect of our practice, including fee arrangements. Some clients prefer the traditional hourly fee approach, while others prefer the cost certainty that comes with a fixed-fee structure. Still others are somewhere in between. Starting with the client’s needs and goals, we fashion with them a billing program that delivers both high value to the client and fair compensation to us. And if the arrangement later requires adjustment, we adjust it.
- New York Shareholder Ted Eder Wins New York State Appellate Division Reversal for a Delivery Company on Independent Contractor Basis3.2.15
- Segal McCambridge Obtains Significant Federal Appellate Decision in New York Lead Poisoning Litigation9.10.13
- Court of Appeals Affirms Judgment in Favor of Segal McCambridge Client in Chicago Real Estate Dispute6.21.13
- Appellate Victory for Client Incorrectly Sanctioned at Trial for Failing to Produce Third-Party Witness2.12.10
- Segal McCambridge Attorney Obtains Reversal Of Trial Court Ruling On Appeal Of Right To Complete Deposition In Toxic Exposure Case3.7.08
- Segal McCambridge Attorneys, Jason Kennedy And Adam Jagadich, Win Appeal In Toxic Tort Household Exposure Case1.16.08
- Segal McCambridge Attorneys Convince Federal Court to Apply Standard Set by Indiana Court of Appeals Which is Contrary to Established Federal Precedent12.19.07
Articles & Publications
- ABA Toxic Torts and Environmental Law Committee Newsletter, Spring 2015