Appellate Litigation
Trusted advocates in high-stakes appeals
At Brownstein, our appellate litigation team excels in navigating complex appeals to overturn or uphold crucial legal decisions to achieve clients’ business objectives. Our appellate team also adds value in district court, routinely handling critical motions, jury instructions and post-trial motions to ensure that issues and arguments are preserved for appeal. Whether you’re seeking to challenge a ruling or safeguard your victory, our skilled attorneys bring extensive experience, sharp legal analysis and persuasive oral arguments to every appeal.
Brownstein’s appellate litigation team is comprised of dedicated appellate practitioners, skilled trial litigators and former high-level state and federal appellate law clerks. With a deep understanding of appellate courts and procedures, we are routinely engaged to assist or replace trial counsel and provide strategic, highly skilled advocacy, whether correcting trial errors or defending favorable outcomes. When the occasion calls for it, our team develops novel or complex legal theories. Our litigators have successfully briefed and argued cases in state appellate courts nationwide, with extensive experience in California, Colorado, Nevada and the District of Columbia, as well as in federal courts of appeals including the Fourth, Ninth, Tenth and Eleventh Circuits. Additionally, our team is adept at drafting impactful amicus briefs and handling administrative appeals, skillfully utilizing our broad legal and political experience to influence court rulings and navigate intricate regulatory matters.
Securing a Significant Tenth Circuit Win for Colorado Oil and Gas Operator
Dedicated to long-term client relationships, a team of Brownstein litigators represented a Colorado oil and gas operator in an eight-year class action concerning royalty payments. After two dismissals in state court and a prolonged stay, discovery uncovered more than $5 million at stake, allowing removal under CAFA. Brownstein defeated a remand motion and won judgment on the pleadings in federal court. On appeal, the Tenth Circuit affirmed in a published opinion, setting precedent that the 30-day removal clock cannot be triggered by a filing in a separate case, even one involving the same parties. This ruling clarifies CAFA removals and strengthens predictability for companies involved in complex, multi-forum litigation.