Appellate and Critical Motions

Appellate advocacy requires a set of distinct skills, including researching cases and legislative history to creatively address issues; framing the issues on appeal to capture the attention and respect of appellate judges and justices; writing concise and trenchant briefs that inform and educate the court and its clerks; and responding to the court’s questions at oral argument in a way that clarifies and reinforces the key issues. 

The attorneys in Barnes & Thornburg’s Appellate and Critical Motions Practice Group are seasoned litigators who have the experience necessary to advise clients on all phases of appeals.

Our attorneys litigate dozens of appeals each year before state and federal appellate courts across the country, including the U.S. Supreme Court; they are skilled attorneys who devote a significant portion of their legal practice to appellate work. Many were judicial clerks in the federal Circuit Courts of Appeal and other federal and state courts.

An appellate decision has business implications beyond any single case. The firm’s appellate attorneys tackle a broad range of issues in complex appeals arising from Barnes & Thornburg’s numerous practice groups, including commercial litigation, intellectual property, labor and employment law, insurance, finance, energy, tax, healthcare, transportation, construction, environmental regulation, bankruptcy and white collar crime.

We work with the trial team before and during trial to write briefs, preserve issues and position the case for appeal. Once judgment has been entered, appellate attorneys assist with post-trial motions and handle appeals in collaboration with the trial team.

We also advise clients on the impact of recently decided and impending cases and draft amicus curiae briefs in critical cases in state and federal courts and the U.S. Supreme Court.

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