No appeal is ever routine. There is never a time when results matter more than on final appeal.
Whether as an appellant, appellee or friend of the court, a decision on appeal not only settles the case but becomes the law of the land.
Burr & Forman is home to one of the most experienced appellate practices in the southeast region. Its attorneys are highly skilled in arguing the right issue, in the right way, with a deep understanding of how our appellate courts operate. The firm’s attorneys have handled literally hundreds of appeals at all levels of the state and federal system. Those cases have involved nearly every legal subject as well as challenges to excessive damage awards.
Representative appellate cases include:
- Stoneridge Investment Partners, v. Scientific-Atlanta, Inc., 552 U.S. 148, 128 S. Ct. 761 (2008) (defense of securities fraud litigation)
- W.R. Huff Asset Management Co., v. Kohlberg, Kravis, Roberts, 566 F.3d 979 (11th Cir. 2009)(preemption of state law by SLUSA)
- Cottrell v. NCAA, 975 So. 2d 306 (Ala. 2007), cert. denied, 128 S.Ct. 1334 (2008)(defense of NCAA in defamation claim)
- Mack Trucks, Inc. v. Witherspoon, 867 So. 2d 307 (Ala. 2004) (defense of product manufacturer)
- Leverso v. SouthTrust Bank, 18 F.3d 1527 (11th Cir. 1994) (defense of bondholder in class action over condominium development)
- Tucker v. Fearn, 333 F.3d 1216 (11th Cir. 2003)(defense of boat operator under maritime law).
- Harbert International, Inc. v. James, 157 F.3d 1271 (11th Cir. 1998)(representation of bridge builder for non-payment)
- McClain v. Metabolife International, Inc., 401 F.3d 1233 (11th Cir. 2005)(defense of diet supplement manufacturer )
- American Radio Assn. v. Mobile Steamship Assn., 419 U.S. 215 (1974) (labor dispute over whether unions may picket foreign ships)
A complete list of Burr’s appellate cases is available upon request.
A key indicator of excellence is the number of clients who pick Burr for an appeal after suffering an adverse trial result, or who contact Burr to seek an emergency appeal. Another indicator is the many amicus curiae organizations who select Burr to file their briefs, such as the Business Council of Alabama, the Defense Research Institute ("DRI"), the American Council of Life Insurers ("ACLI"), the Product Liability Advisory Council ("PLAC"), the National Association of Mutual Insurance Companies ("NAMIC"), and the Alabama Defense Lawyers Association.
Burr’s appellate attorneys hold key leadership roles such as the Alabama Supreme Court’s standing committee on appellate rules. They are frequent writers and speakers on appellate practice, and they have been named by their peers in the appellate category of “Best Lawyers in America.”
Burr’s appellate capabilities include:
- Strategic counseling during trial
- Post-judgment discovery and enforcement
- Post-judgment evidentiary hearings
- Stays of judgment
- Supersedeas bonds
- Emergency appeals
- Petitions for mandamus
- Petitions for writ of certiorari
- Evaluations of appeal worthiness
- Appellate briefs
- Amicus curiae briefs
- Oral argument
- Appellate mediation
- Rehearing application
