Appellate

The conclusion of trial court proceedings is often just the first hurdle in litigation. Our appellate team has the knowledge and experience required to obtain or maintain a successful outcome for our clients within the nuanced landscape of the appellate courts.

We have successfully handled numerous appeals on behalf of professionals, corporations and insurance companies in federal and state appellate courts throughout the Southeast. Members of our team understand the procedures unique to appellate advocacy, a skill-set that often falls outside the traditional trial litigation tool-kit.

Carlock Copeland attorneys craft thoughtful and cost-effective appellate strategies through careful assessment of potential trial court errors. We help clients weigh the risks and rewards of an appeal. We then execute upon the agreed strategy by framing issues on appeal in briefing and at oral argument in order to help our clients either preserve a judgment in their favor or get a second chance in the trial court.

Prior case examples include:

The affirmance by the Eleventh Circuit of the dismissal of a multi-million dollar lawsuit brought by a construction bonding company against an accounting firm for alleged negligent misrepresentations in the audit of a construction company. The failure of the construction company, which had provided most of the asphalt for Georgia DOT projects, resulted in a firestorm of litigation, including one verdict of $150 million.

A unanimous decision by the Georgia Supreme Court in favor of a law firm on a certified question concluding that evidence of a party’s wealth is inadmissible under Georgia’s statute authorizing damages for injury to peace, happiness, and feelings.

The affirmance by the Fourth Circuit of a dismissal of a class action claiming that several ophthalmologist eye surgeons and their employer, a national corporation, conspired to violate federal racketeering laws.

The affirmance by the Sixth Circuit of summary judgment for an accounting firm in a fraud and racketeering case alleging over $100 million in damages.

The affirmance by the Eleventh Circuit of summary judgment in a case alleging a physician acted with deliberate indifference in violation of the Eighth Amendment and caused the death of the plaintiff’s brother.

We are also often called in during post-trial proceedings or on an appeal in complex, high-dollar cases where proceedings in the trial court have gone awry for trial counsel.

Examples include:

The reversal by the Eleventh Circuit of summary judgment against a client on insurance coverage and indemnity claims and the negotiation of a settlement that recovered nearly $2 million for the client.

The negotiation of a settlement saving a client over $200,000 on a $1 million verdict in a personal injury lawsuit after filing post-trial motions for a new trial and directed verdict.

Our appellate team draws on training gained through serving as appellate law clerks and as editors for the law reviews at preeminent law schools, such as the University of Michigan and University of Georgia. Appellate team attorneys have been appointed as appellate counsel for unrepresented parties and contributed to amicus curiae briefs on behalf of industry leaders in several key appeals in federal and state courts. Practice group leader John Bunyan currently serves as a Circuit Editor for the Appellate Practice Committee of the American Bar Association’s Section of Litigation. John is part of an Appellate Team comprised of partners, of counsel and associates.

Appellate team members have practiced in appellate courts throughout the country and are admitted in the U.S. Supreme Court, the U.S. Court of Appeals for the Third, Sixth, Tenth, and Eleventh Circuits, and the state appellate courts of Georgia, South Carolina and Alabama.

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