Appellate Litigation
Trusted advocates in high-stakes appeals
At Brownstein, our appellate litigation team excels in navigating complex appeals to overturn or defend consequential rulings to achieve clients’ business objectives. We also add value at the trial level, handling critical motions, jury instructions and post-trial practice to preserve issues for appeal. From challenging adverse decisions to protecting victories, our attorneys deliver incisive analysis and persuasive advocacy.
Brownstein’s appellate litigation team brings together dedicated appellate practitioners, skilled trial litigators and former senior state and federal appellate clerks. With a deep understanding of appellate courts and procedures, we are routinely engaged to assist or replace trial counsel, providing strategic, high-impact advocacy—whether correcting trial errors or defending favorable outcomes. When needed, our team develops and advances novel or complex legal theories.
Our litigators have successfully briefed and argued cases in appellate courts nationwide, with deep experience in California, Colorado, Nevada and the District of Columbia, as well as in the Fourth, Ninth, Tenth and Eleventh Circuits. We also regularly draft influential amicus briefs and handle administrative appeals, drawing on our broad legal and political insight to shape outcomes and navigate complex regulatory frameworks.
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.