Appellate Advocacy
An appellate outcome is equally important to a trial or lower court outcome. Appeals often have precedent setting significance with impact far beyond a single matter. Success at the appellate level requires different skills than those applied at trial. It is important to understand the appellate bench and the perfection of the record.
Our appellate lawyers’ analytical, writing, and oral advocacy skills are honed for success on appeal. Our lawyers have served as judicial law clerks to trial and appellate court judges, providing insight into the working of the priorities and decision-making of the bench.
In addition to working as a cogent team with our practice groups, our Appellate Practice Group often parachutes into matters handled by separate trial counsel. We are regularly sought in this regard to serve as appellate monitoring counsel during trial. Clients also engage us to write amicus curiae briefs, and to work with other trial counsel to ensure that litigated matters are properly postured for appeal.
If you need legal advice or assistance from international appellate lawyers, our team of professional lawyers at Gerber Ciano Kelly Brady, LLP can help you file an appeal. To schedule a consultation, you may contact us here.
Questions of Fact Over Waiver and Estoppel Preclude Insurers’ Motion for Summary Judgment
In 2008 the Long Island Power Authority (“LIPA”) requested proposals for solar power installations in Long Island. EDF Renewable Development and its subsidiary, Eastern Long Island Solar Project, LLC (hereinafter “EDF Companies”) were ultimately selected as the successful bidder. Suffolk County,...
Sometimes a Fall Off a Scaffold Is Not Enough for Summary Judgment Under Labor Law §240(1)
The plaintiff filed suit seeking damages as a result of injuries sustained when he fell from a scaffold that was approximately 6 ft. in height and which lacked guardrails on the sides.
The First Department Hands out A Rare Win Based on The Failure to Appear for An EUO
The defendants had submitted claims to plaintiff for no-fault benefits arising out of an underlying auto accident. The insurer had denied coverage based upon the claimant’s failure to sign and return the transcripts of their respective examinations under oath. The court viewed signing the...
Failure to Meet Its Evidentiary Burden Robs Insurer of Summary Judgment
The plaintiff was the titled owner of a single-family home that had a stone veneer exterior which . allegedly suffered water-related damage as a result of wind-driven rain. Plaintiff provided notice to the defendant insurer which had issued a homeowner’s policy.
