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Appellate

Babst Calland’s appellate litigation practice efficiently and effectively serves the needs of our clients throughout the appellate process.

Babst Calland has long represented clients in numerous state and federal appellate courts and before administrative tribunals. Our appellate attorneys combine years of appellate procedural experience with their deep substantive knowledge to successfully defend or challenged trial court results in a wide range of industries including natural gas, coal, oil, power generation, heavy and light manufacturing, transportation, and banking and finance, addressing environmental, energy, construction, and commercial issues.

Our Approach

Appellate practice requires a different skill set from trial work. Many of the Rules of Appellate Procedure are jurisdictional, requiring a particular attention to detail, and the contents and composition of the record take on a heightened significance on appeal. Furthermore, each court has its idiosyncratic receptiveness and antagonism towards specific issues and arguments. Our appellate attorneys understand these subtleties, and use this understanding to maximize our clients’ positions on appeal.

Appellate arguments take the form of written briefs and, in some instances, oral argument, and our attorneys excel at both. We understand the importance of selecting which issues to pursue on appeal, and which to abandon. We guide clients in thinking through the broader implications of the issues raised on appeal to identify the most persuasive legal and policy arguments. We also help clients assess their prospects on appeal and conduct the cost-benefit analysis of pursuing an appeal. We write tight, clean, persuasive briefs. We are then prepared to deliver effective and confident oral arguments, and to respond to the most probing questions by the panel.

Our appellate attorneys are available as a resource to our clients in a variety of contexts. Sometimes, we take over for or assist the Babst Calland attorneys who handled the proceedings at the trial level. On other occasions, clients bring our appellate attorneys in to handle the appeal of a case another law firm handled below. Either way, our appellate attorneys work diligently and efficiently to get up to speed and provide value without unnecessarily adding cost.

Our Experience

We have advocated for our clients in the U.S. Supreme Court, the federal courts of appeals, state supreme courts, state intermediate courts, and administrative and agency appellate proceedings. We have handled appellate cases in a wide range of subject areas, including environmental, energy and natural resources, zoning and land use, contracts, real estate, construction, labor and employment, toxic tort, bankruptcy, and product liability law.

“Our appellate attorneys combine years of appellate procedural experience with deep substantive knowledge to successfully defend or challenge trial court results in the wide range of industries we serve.”

– Steven F. Baicker-McKee

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