APPELLATE PRACTICE

Not every case ends at the trial court. When legal issues remain to be argued, Litchfield Cavo’s experienced appellate attorneys bring decades of success appealing adverse trial court rulings and defending lower court victories on appeal. Our appellate team collaborates with trial attorneys to ensure lower court proceedings are handled in an effective manner that preserves error should future appeal become necessary.

Litchfield Cavo’s appellate attorneys litigate before state and federal appellate panels across 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 appellate team has played a pivotal role in shaping substantive law on critical issues, particularly in insurance coverage and defense litigation. These appeals establish favorable case law that that benefits the insurance industry and other business clients.

Our Appellate Record

Litchfield Cavo’s appellate attorneys have a proven track record of success in post-judgment matters and appellate litigation, including the following representative matters highlighting our accomplishments:

• 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 a City, 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.
• Received unanimous Appellate Court decision for our defendant that an out-of-possession owner did not assume the duty to maintain the commercial property or the mechanical lift, and should not be held liable for Plaintiff’s accident.