Practices

Appellate Practice

APPELLATE PRACTICE

Not every case is concluded at the trial court. When issues remain to be argued, Litchfield Cavo’s accomplished appellate attorneys offer decades of experience appealing adverse trial court rulings and defending lower court victories on appeal. Our appellate attorneys specialize in helping our trial attorneys handle lower court proceedings in an effective manner that preserves error should a later appeal become necessary.

Litchfield Cavo’s appellate attorneys litigate before state and federal appellate panels throughout the country. Our attorneys provide business clients with representation in all phases of appellate advocacy including preparation and presentation of writs of mandamus, post-verdict motions, appellate briefs, motions for reconsideration, amicus curiae briefs and oral arguments.

Litchfield Cavo attorneys have undertaken appeals in courts nationwide to help form the law on a range of substantive issues and have considerable experience handling appeals in insurance coverage and insurance defense litigation. Such appeals provide a record of favorable case law that positively affects the insurance industry.

Our Appellate Record

Litchfield Cavo’s appellate attorneys have a successful record in all phases of post judgment cases and appellate litigation, including the following representative matters

  • Illinois Appellate Court affirmed summary judgment in favor of our client, holding for the first time that the Illinois rule that insureds are responsible for knowing the terms of their policies applies to claims against insurers and to claims against insurance agents.
  • Massachusetts Appeals Court affirmed the dismissal of a complaint by a commercial tenant against our client, a real estate investment firm and hospitality management company, for personal injuries and damages arising from the plaintiff’s purported exposure to mold. The appeals court affirmed that the underlying basis for the plaintiff’s expert opinions did not meet reliability requirements.
  • US Court of Appeals for the 2nd Circuit affirmed a summary judgment victory in an advertising injury and personal injury coverage case in which the insured sought in excess of $13 million for its share of a settlement and assigned defense costs of an underlying copyright infringement complaint.
  • California Supreme Court rejected the petition for review in a commercial easement dispute over property in Los Angeles once owned by a silent film star.
  • Massachusetts Appeals Court vacated a summary judgment order requiring a homeowner’s insurer to defend a personal injury action arising from the homeowner’s dogs attacking a neighbor and her dog.
  • US Court of Appeals for the 7th Circuit ruled in our client’s favor that the district court committed a clear error when it reformed a policy to include a contaminated parcel as an insured property.
  • Illinois Appellate Court affirmed the trial court’s dismissal of a complaint brought by a condominium association against the City of Chicago, a developer and the garage association related to the proposed new construction on the condominium association’s property in an issue of first impression in Illinois.
  • Illinois Appellate Court affirmed the trial court’s dismissal of a complaint brought against a workers’ compensation third-party administrator alleging intentional infliction of emotional distress and bodily injuries stemming from a claim handler’s decision to discontinue payment for at-home nursing care.