Appellate

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The Appellate Group practices in a wide variety of substantive law areas, including class action, commercial, constitutional, corporate fraud and misconduct, employment, product liability, railroad regulatory and tort litigation.

Clients choose our appellate lawyers to implement sophisticated post-trial and appellate strategies. In addition to appellate litigation arising from cases litigated by our trial lawyers, we represent clients in post-trial and appellate matters that have been litigated in the trial court by lawyers from other firms because we consistently produce persuasive, effective briefs and oral arguments.

Members of the Appellate practice work closely with our trial lawyers so that legal issues are preserved and dispositive pretrial and post-trial motions are properly briefed and argued. We form trial and appellate teams for large and complex cases so that potential litigation strategies are fully explored and the client’s interests are well protected.

Several of our appellate attorneys have appeared before the U.S. Supreme Court and have filed amici briefs for a number of clients. For example, one of our partners successfully argued the historic state sovereign immunity case, Federal Maritime Commission v. South Carolina State Ports Authority, 535 U.S. 743 (2002). Having a Washington, D.C., office further enhances our ability to keep close watch on substantive law developments at the Court, while still observing judicial trends in state and federal jurisdictions throughout the country.

Partners: Bartolacci, Mike W.; Blackwell, A. Elizabeth; Darrough, Matthew S.; Dean Jr., Warren L.; Dick, David A.; Erwin, James W.; Fink, Jeffrey R.; Friedman, Lawrence C.; Hohn, Christopher M.; Knickmeyer, Kenton E.; Landwehr, Matthew J.; Levin, Harvey A.; Mofidi, Manooher; Morris, Michael J.; Pautler, Richard J.; Reitz, Kurt E.; Rosenberg, Sharon B.; Rownd, David M.; Ryder, Bruce D.; Shaw, Booker T.; Sherman, Steven M.; Wheeler, Jason A.

Senior Counsel: Mills, Lewis R.

Counsel: Lawrence, Paul D.

Associates: Hooks, Heath H.; Kraft, Kathleen E.

Representative Supreme Court Decisions: Federal Maritime Commission v. South Carolina State Ports Authority, 535 U.S. 743 (2002)
States and their instrumentalities are entitled to sovereign immunity in proceedings before federal administrative tribunals. A vessel operator filed a complaint at the Federal Maritime Commission against the South Carolina State Ports Authority. The ALJ dismissed the complaint on the basis of the state’s sovereign immunity reflected in the 11th Amendment to the U.S. Constitution. The Commission itself reversed. TC petitioned for review by the U.S. Court of Appeals for the Fourth Circuit and secured a unanimous decision reversing the Commission. The Federal Maritime Commission, joined by the Solicitor General, filed a Petition for Certiorari, which was granted. TC successfully argued that the principle of state sovereign immunity reflected in the 11th Amendment transcended its literal language to apply to proceedings before federal agencies and was not limited to cases filed in Article III courts. The decision, one of the most significant in perhaps the oldest line of Supreme Court cases, affirms the dual sovereignty inherent in our federal system of government.; Hartford Underwriters Insurance Company v. Union Planters Bank, N.A., 530 U.S. 1 (2000)
Administrative claimant of a bankruptcy estate does not have independent right to seek payment of claim by a surcharge against the value of collateral held by a secured party.

Representative Appellate Decisions: Sihnhold v. Missouri State Employees Retirement System
Retired administrative law judge not entitled to retroactive increase in retirement benefits [TC represented retirement system].; Scanwell Freight Express STL, Inc. v. Chan
Error in jury instruction on employee’s duty of loyalty when leaving for new employment required new trial on claim against employee; Missouri Supreme Court later adopted new approved instruction in accordance with this opinion [TC represented employee].; Eagle Marine Industries, Inc. v. Union Pacific Railroad Co.
Illinois Vehicle Code provision limiting the time a train can obstruct a grade crossing was preempted and violated Commerce Clause [TC represented railroad].; Smith v. Illinois Central Railroad Co.
Certification of class of persons and businesses allegedly exposed to toxic substances after train derailment was not appropriate because common issues did not predominate [TC represented railroad].

Services > Regulatory > Appellate

Appellate

Warren L. Dean, Jr.

Bruce D. Ryder

Booker T. Shaw