Appellate
Appellate litigation requires specialized experience and a distinct set of skills, including excellent brief writing, quality oral advocacy, and the ability to synthesize and distill complex issues to focus the court on the critical aspects of each appeal. Our team combines this skillset with a strong track record of appellate verdicts to support clients during and after trial.
Related Professionals
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Clients in a wide variety of industries rely on the Phelps appellate team to defend favorable trial court judgments, seek reversal of adverse judgments, pursue interlocutory appeals and supervisory writ applications, and submit amicus curiae briefs on matters of concern to our clients. We also monitor high-stakes trials for clients as appellate counsel to ensure that issues are properly preserved for subsequent appeal.
Our team includes experienced appellate lawyers in each of the firm’s 12 offices and many former judicial law clerks. We are intimately familiar with the unique rules and procedures governing appeals, and we are often retained to handle appeals in cases that were tried by other counsel.
Phelps is widely recognized as one of the top appellate firms to appear in the U.S. Court of Appeals for the Fifth Circuit. But we handle appeals at all court levels in a variety of jurisdictions. We have extensive experience managing both civil and criminal appeals before the U.S. Supreme Court and the U.S. Courts of Appeal for the Second, Fourth, Fifth, Sixth, Ninth, and Eleventh Circuits, as well as the Supreme Courts and intermediate appellate courts of Louisiana, Mississippi, Texas, Alabama, Florida, and North Carolina.
Services
- Appellate briefs
- Oral arguments
- Interlocutory appeals
- Amicus briefs
- U.S. Supreme Court writ of certiorari petitions
- Louisiana appellate court supervisory writ applications
- High-stakes trial monitoring
- Complex trial court briefs
Experience
Claim Revival
Won on oral argument challenging the dismissal of a pipeline company’s claim for millions of dollars in damages caused by a dredging accident, allowing the case to be reinstated for further proceedings and eventually resolved on favorable terms.
Injunction Reversal
Obtained reversal at the U.S. Fifth Circuit of a sweeping system-wide injunction that had been issued under the Americans with Disabilities Act (ADA) regarding the State of Mississippi’s mental health system.
Supervisory Writs
Obtained a Louisiana appellate court-issued supervisory writ directing the trial court to dismiss a major insurance provider on forum non conveniens grounds, which released the client from continuing as a party in the proceedings and avoided years of unnecessary litigation.
Favorable Ruling Affirmation
Secured complete victory for vessel interests at the U.S. Fifth Circuit in a prominent federal maritime lien case involving the provision of bunker fuel following the demise of global trading company OW Bunker.
Constitutional Claims
Successfully defended the constitutionality of a Mississippi municipal ordinance at the U.S. Fifth Circuit.
High-Profile Jury Verdicts
Obtained appellate victory at the Texas Supreme Court, reversing an $8 million wrongful death jury verdict in a case of nationwide importance to the railroad industry.
Summary Judgement Defense
Cert Petition Opposition
Drafted successful oppositions to several petitions to the U.S. Supreme Court seeking writs of certiorari, securing denials that, preserved appellate victories for clients and ended long-running litigation.