Appellate

The Right Experience

The attorneys in Frost Brown Todd’s Appellate Practice Group are uniquely skilled and experienced to proficiently handle the many issues our clients face on appeal to the various appellate courts, particularly within Frost Brown Todd’s footprint.  We excel at prosecuting and defending appeals before the U.S. Courts of Appeals for the Sixth and Seventh Circuits and the state appellate courts of Indiana, Kentucky, Ohio, Tennessee, Texas and West Virginia. We are proud to count among our attorneys, former clerks for judges in virtually all of these courts, as well as distinguished members of the American Academy of Appellate Lawyers. Our appellate team also includes individuals with more than 150 reported appellate decisions and more than 50 oral arguments before various appellate courts. 

Unique Viewpoints Combined with a Distinct Approach

Clients often engage attorneys in our group after receiving an adverse jury verdict, to candidly assess the prospects on appeal and to provide a fresh and creative perspective on settlement alternatives. Amicus parties routinely retain our attorneys to assert and protect their interests in complex and critical issues on appeal. Attorneys within our group also serve a critical role at the trial court level in working to shape and develop arguments and the record in order to best position our clients for appeal.

Appellate advocacy demands a specialized approach which can be quite different from the approach taken before a lower court. An appellate lawyer brought into the case after the trial court proceedings have concluded does not often have the opportunity to shape the record and, therefore, must construct the best arguments possible given a static set of facts. Where possible, however, they must creatively work to expand the record in permissive ways under the appellate rules. The most successful trial attorney often times is unfamiliar with the unique intricacies demanded for appellate practice and procedure. Our experienced appellate attorneys possess such skills. And when our appellate practitioners are paired with our strongly skilled trial attorneys, a successful and winning combination is created to meet and exceed our clients’ needs.

In cases involving discretionary review by the appellate courts, the art of crafting an argument to maximize the chances of obtaining such review demands a unique skill set. Our attorneys are distinctively positioned to draw upon their vast experience in order to formulate and advance the best possible arguments to the various appellate courts to increase the likelihood of discretionary review.

Appellate Experience Coupled with Substantive Knowledge

The Appellate Practice Group has represented clients on a vast array of substantive legal issues, including complex cases in the following areas:  administrative, antitrust, arbitration, bankruptcy, civil rights, constitutional, construction, commercial, contractual, criminal, employment, government contracts, health law, intellectual property, products liability and tax. Over the years, Frost Brown Todd has handled many landmark state appellate cases within various substantive areas of the law, helping to shape the law in those fields. 

Representative Matters

Our Group has handled appeals in courts across the country. Of course, we have particularly strong experience in the courts of appeals within our region. 

We Wrote the Book

The attorneys in Frost Brown Todd’s Appellate Practice Group actually wrote the books and rules — literally. Members of our group include:

  • Authors of Kentucky Appellate Practice (Thomson/West 2006)
  • Co-author of Ohio Appellate Practice, five editions (Thomson/West 2004-2008)
  • Editor-in-chief of the Sixth Circuit Practice Manual (Anderson 2006)
  • Co-drafters of the Indiana Rules of Appellate Procedure (2000, 2002, 2008)
  • Contributors to the Indiana Appellate Practice Manual (2008)
  • Authors of the Indiana “Appellate Law Update” for Res Gestae (2002-present)
  • Authors of the Indiana Appellate Practice Column in the Appellate Advocate (2002-present)

Representative Experience

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