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Appellate Advocacy

Faegre Baker Daniels' appellate group has a proven record of winning cases for clients through exceptional legal advocacy, both on appeal and in trial courts.

On appeal, we have achieved success for our clients at every level of the court system, from the United States Supreme Court and Courts of Appeal to state supreme and appellate courts. Many of our lawyers clerked for the courts in which we appear. Our cases cover the gamut of civil litigation, including intellectual property disputes, mass torts, consumer class actions, and complex business disputes. And we have extensive experience in appellate motion practice as well as briefing and oral advocacy. Our lawyers include a Fellow of the American College of Appellate Lawyers, and the peer-review-based Best Lawyers in America features six of our appellate attorneys.

Practice Strengths

  • Broad range of subject matter expertise in appellate practice
  • An unusual concentration of analytical skill and proven strategic judgment
  • Extensive experience with appellate court procedures
  • In-depth knowledge of and experience with the judges in the appellate courts in which we appear
  • Repeated recognition by independent ranking organizations
  • Strong commitment to pro bono work in the appellate courts

Representative Matters

  • Obtained reversal of order of removal of client immigrant, Mellouli v. Lynch, --- U.S. ---, 135 S. Ct. 1980 (2015)
  • Obtained reversal of jury verdict against client for future lost profits and out-of-pocket damages, Klapmeier v. Cirrus Industries, Inc., 2015 WL 5194755 (Minn. App. 2015) 
  • Affirmed approval of settlement of class action between players and client National Football League, Marshall v. National Football League, 787 F.3d 502 (8th Cir. 2015) 
  • Affirmed summary judgment in favor of client in $300 million wind-power contract dispute, enXco Development Corp. v. Northern States Power Co., 758 F.3d 940 (8th Cir. 2014)
  • Obtained reversal of jury's award of lost profits and punitive damages against client in breach-of-contract and misrepresentation case, Boyd v. Tornier, Inc., 656 F.3d 487 (7th Cir. 2011)
  • Obtained reversal of a multimillion dollar judgment arising from a fatal aircraft crash, Glorvigen v. Cirrus Design Corp., 816 N.W.2d 572 (Minn. 2012)
  • Successfully defended against an attempt to expand the definition of "insurance" under state law, Allen v. Burnet Realty, LLC, 801 N.W.2d 153 (Minn. 2011)
  • Obtained stay and then reversal of preliminary injunction against the NFL's player lockout, Brady v. NFL , 638 F.3d 1004, 640 F.3d 785, 644 F.3d 661 (8th Cir. 2011)
  • Vindicated the broad construction of previously unconstrued statutory victim-advocate privilege, In re Crisis Connection, Inc., 949 N.E.2d 789 (Ind. 2011)
  • Successfully defended dismissal of multiple class-action claims against state lottery premised on alleged misinformation about specific lottery game, Koehlinger v. Indiana State Lottery Commission, 933 N.E.2d 534 (Ind. Ct. App. 2010)

Trial Strength

Success on appeal is only half our mission. We also integrate with litigation and trial teams to create legal strategies for complex litigation, win cases through dispositive motions, and develop and preserve legal issues at trial. We first aim to understand the client's business and strategic objectives, and how those apply to the dispute at hand. We simplify the dispute into core themes that juries and judges can understand easily. We prepare cases for trial from day one, working with our clients to craft a litigation strategy that will meet the client's strategic objectives. And we are able and willing to actually try cases to a jury, judge or arbitrator.

Contact

Bruce Jones, Minneapolis
+1 612 766 7426

Aaron D. Van Oort, Minneapolis
+1 612 766 8138
Marie E. Williams, Denver
+1 303 607 3689
Brian J. Paul, Indianapolis
+1 317 237 8288

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