Appellate

When Davis Graham & Stubbs LLP clients become involved in an appeal – either as a party to the appeal or as a “friend of the court” – they rely on a core group of Davis Graham lawyers who possess specialized appellate experience and outstanding analytical, brief writing, and oral advocacy skills. Under the leadership of experienced appellate lawyer Theresa Wardon Benz, our attorneys have argued on appeal in a number of industries a wide variety of complex legal issues, including administrative procedure, advertising, arbitration, commercial leases, constitutional law, construction, contracts, employment discrimination, environmental cleanup, evidence, fraud, insurance, land use, the Lanham Act, legal malpractice, libel and slander, medical malpractice, mining, patents, pension benefits, personal injury, products liability, property tax, public utility regulation, railroads, sanctions, securities, shareholder derivative actions, ski resorts, sales, telecommunications and use tax, trademarks, and unfair competition. 

Our appellate attorneys work closely with Davis Graham trial lawyers to anticipate issues that may arise on appeal. This partnership includes identifying and providing advice on major issues, drafting and arguing pre- and post-trial motions, and participating in trial as monitoring counsel, which can include arguing motions and jury instructions. They also undertake appellate monitoring and appeals in cases that are being handled or have been handled by another firm at the trial level. Our appellate lawyers routinely pursue or defend interlocutory appeals, provide strategic advice on issues throughout the course of a case, advise on preserving a trial record for appeal, participate in trial as monitoring counsel, draft appellate briefs, and make oral arguments in federal and state appellate courts.