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APPELLATE

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). Another partner successfully argued Intertanko v. Locke (consolidated for argument with United States v. Locke), 529 U.S. 89 (2000) for international shipping interests before the Supreme Court of the United States. This has become a lead case in maritime constitutional preemption issues. 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.

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.

Insurance Company v. Bank (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].

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].

Partner
Washington, D.C.

As counsel to a variety of electric industry participants, Josh helps clients navigate state and federal regulatory processes and resolve complex transactional and ratema...

As counsel to a variety of electric industry participants, Josh helps clien...

Josh Adrian
Partner
New York

John draws on his more than 30 years of litigation experience to represent a wide variety of clients in federal and state trial and appellate courts.

John draws on his more than 30 years of litigation experience to represent ...

John Amato
Senior Counsel
Washington, D.C.

Jonathan focuses on regulatory issues and litigation affecting domestic and international maritime and shipping matters, as well as international trade regulation issues ...

Jonathan focuses on regulatory issues and litigation affecting domestic and...

Jonathan Benner
Partner
Chicago

Christina Berish is a deeply valued resource to clients as they interpret and enforce agreements.

Christina Berish is a deeply valued resource to clients as they interpret a...

Christina Berish
Partner
Washington, D.C.

Bonnie advises and advocates for clients on wholesale electric market rules and transmission access and pricing issues.

Bonnie advises and advocates for clients on wholesale electric market rules...

Bonnie Blair
Partner
Los Angeles

A senior litigator with more than 30 years of experience, Jeff Brown develops and executes highly effective litigation strategies for clients facing all types of complex ...

A senior litigator with more than 30 years of experience, Jeff Brown develo...

Jeff Brown
Partner
St. Louis

Matt serves as co-chair of our insurance practice group, guiding policyholders, insurers and insurance professionals on everything from policy placement through the litig...

Matt serves as co-chair of our insurance practice group, guiding policyhold...

Matt Darrough
Partner
Washington, D.C.

Warren Dean practices in the field of federal regulation of transportation services, both domestic and international.

Warren Dean practices in the field of federal regulation of transportation ...

Warren Dean, Jr.
Partner
St. Louis

David is a lead trial lawyer with a track record of success across a diverse array of claims, including various types of construction and real estate disputes, business t...

David is a lead trial lawyer with a track record of success across a divers...

David Dick
Partner
Dallas

Jenny is an experienced and strategic trial lawyer focusing her practice on health care, social justice, white-collar fraud and complex commercial litigation.

Jenny is an experienced and strategic trial lawyer focusing her practice on...

Jennifer Ecklund
Partner
St. Louis

Jeff helps all types of businesses navigate complex litigation, arbitration, class action, regulatory, and transactional matters in venues across the country.

Jeff helps all types of businesses navigate complex litigation, arbitration...

Jeff Fink
Partner
St. Louis

Larry is a business litigator resolving complex cases involving shareholder rights, business valuations, fiduciary duty claims, and other contract and business disputes.

Larry is a business litigator resolving complex cases involving shareholder...

Larry Friedman
Partner
St. Louis

Amanda is a litigator and highly experienced trial team leader for Fortune 500 companies facing class actions and complex business disputes.

Amanda is a litigator and highly experienced trial team leader for ...

Amanda Hettinger
Partner
St. Louis

Chris chairs the 200-attorney Litigation Department at Thompson Coburn and is co-chair of Business Litigation, the largest practice group in the Firm.

Chris chairs the 200-attorney Litigation Department at Thompson Coburn and ...

Chris Hohn
Partner
St. Louis

John handles complex commercial litigation in state and federal courts across the nation.

John handles complex commercial litigation in state and federal courts acro...

John Kingston
Senior Counsel
St. Louis

Kent has spent much of his career representing financial services clients of the Firm, particularly securities brokers and dealers, investment advisors, investment compan...

Kent has spent much of his career representing financial services clients o...

Kent Knickmeyer
Partner
Washington, D.C.

Katie advises public transit agencies around the country on a variety of regulatory and compliance issues, including public sector procurement, project delivery, Buy Amer...

Katie advises public transit agencies around the country on a variety of re...

Katie Kraft
Partner
St. Louis

Matt practices in the areas of state and local tax (SALT) controversy, banking and financial services litigation, business litigation and appellate.

Matt practices in the areas of state and local tax (SALT) controversy, bank...

Matt Landwehr
Senior Counsel
Dallas

Justice (Fmr) Douglas Lang advises clients on litigation and appellate strategies and presents appeals for pending matters in jurisdictions across the country.

Justice (Fmr) Douglas Lang advises clients on litigation and appellate stra...

Douglas Lang
Partner
New York

Steve represents financial institutions, businesses and constituencies in major commercial disputes, with a particular focus in lender liability cases, fraud-based invest...

Steve represents financial institutions, businesses and constituencies in m...

Steven Mandelsberg
Partner
Washington, D.C. |
Los Angeles

Meg advises and represents municipally-owned utilities across the nation as a sought-after legal counsel on Federal Energy Regulatory Commission (FERC) matters.

Meg advises and represents municipally-owned utilities across the nation as...

Meg McNaul
Partner
St. Louis

Manoo serves as a strategist for high-stakes litigation, tapping his well-honed research and writing skills to craft motions and briefs that help clients navigate thorny ...

Manoo serves as a strategist for high-stakes litigation, tapping his well-h...

Manoo Mofidi
Partner
St. Louis

Mike is a litigator who defends banking and healthcare clients.

Mike is a litigator who defends banking and healthcare clients.

Mike Morris
Partner
New York

Zachary delivers practical, tactical, and experienced advice to corporate, lending, and fiduciary clients with respect to all phases of litigation, alternate dispute reso...

Zachary delivers practical, tactical, and experienced advice to corporate, ...

Zachary Newman
Senior Counsel
St. Louis

Rick devotes his entire practice to the defense of employers in ERISA litigation related to pension, life, health, and disability benefits, both self-funded and insured.

Rick devotes his entire practice to the defense of employers in ERISA litig...

Rick Pautler
Partner
Southern Illinois

Kurt is experienced in the defense of personal injury and property damage litigation including FELA, trucking, product liability, class action and mass tort litigation.

Kurt is experienced in the defense of personal injury and property damage l...

Kurt Reitz
Partner
St. Louis

Sharon develops and executes highly effective MDL  and class action defense strategies for major companies across a variety of sectors, including agriculture, transp...

Sharon develops and executes highly effective MDL  and class action de...

Sharon Rosenberg
Partner
Chicago |
Washington, D.C.

Matt is a highly experienced energy attorney who helps cooperative and municipal electric utilities and regulated pipeline clients across the country navigate federal and...

Matt is a highly experienced energy attorney who helps cooperative and muni...

Matt Rudolphi
Partner
St. Louis

Retired Judge Booker Shaw is a skilled litigator and appellate advocate who brings valuable insight and perspective gained from his more than 25 years on the bench.

Retired Judge Booker Shaw is a skilled litigator and appellate advocate who...

Booker Shaw
Senior Counsel
St. Louis

Dave represents railroads and major manufacturers in environmental and occupational exposure litigation throughout the Midwest and across the country.

Dave represents railroads and major manufacturers in environmental and occu...

Dave Stratmann
Partner
Southern Illinois

Erick is a litigation partner in the Firm's Southern Illinois office.

Erick is a litigation partner in the Firm's Southern Illinois office.

Erick VanDorn
Partner
Los Angeles

John serves as a one-stop resource for employment counseling and litigation for companies in California and across the country.

John serves as a one-stop resource for employment counseling and litigation...

John Viola
Partner
St. Louis

Jason is a dynamic and highly effective litigator who develops and executes creative solutions to resolve product liability, personal injury, and commercial disputes in s...

Jason is a dynamic and highly effective litigator who develops and executes...

Jason Wheeler