Our attorneys do more than just comply with court-mandated procedures. We provide appellate advocacy that begins before the case is completed at the trial-court level.
Effective advocacy requires a sophisticated understanding of how to preserve issues for appeal, recognizing what non-final orders may be appealed immediately, and knowing how to seek discretionary review. Oftentimes, a case can be resolved at the appellate level by using the appellate court’s mediation services. At Burns White, we provide you with a candid assessment of the strengths and weaknesses of the case and the costs associated with an appeal, to determine what is in your best interests.
Legal counsel in all phases of the appellate process
- Timely filing of the appeal
- Research
- Brief writing
- Oral argument
- Monitor trials for use in identifying and preserving issues for potential appeals
Amicus briefs
Our attorneys prepare and file amicus, or “friend of the court,” briefs on behalf of clients who are not parties to an appeal, but wish to be heard on an important legal issue. The preparation of these briefs requires not only a keen understanding of the pertinent legal issues but also a working knowledge of the client’s business and the industry involved.
Extensive appellate experience
The chair of Burns White’s Appellate Practice Group, Ira Podheiser, has extensive experience counseling clients through the appellate process. He clerked for a retired Chief Justice of the Pennsylvania Supreme Court and for a judge on the United States Court of Appeals for the Third Circuit. He has successfully worked on appellate matters in the Pennsylvania, Ohio, New York, and Maryland state courts, as well as the United States Courts of Appeals for the First, Third, Fourth, Sixth, and District of Columbia Circuits.
We have filed appellate briefs and motions in many state and federal appellate courts, including the Supreme Court of the United States.
Recent outcomes
- Obtained a significant appellate victory before the Pennsylvania Superior Court for one of our nursing home clients. The Court unanimously threw out a seven-figure punitive damages award (that exceeded the amount of compensatory damages awarded by almost tenfold).
- Obtained a significant victory before an en banc panel of the Superior Court in 2023 in a published opinion that clarified the standard of proving claims of “corporate negligence” against hospitals in Pennsylvania.
- Obtained a victory before the Pennsylvania Superior Court when they convinced a three-judge panel of the Superior Court to reverse a ruling by the Trial Court refusing to enforce an agreement to arbitrate claims against a nursing home.
- Defended a nursing home in a lawsuit filed by the estate of a former resident, claiming survival damages and wrongful death. The Appellate Group obtained a reversal from a trial court order refusing to enforce an arbitration agreement. Plaintiff argued that the agreement he signed was not “voluntary.” The Pennsylvania Superior Court disagreed with the trial court and ruled the case should go to arbitration. It found that the arbitration clause was fair because the agreement allowed the resident to opt out within 30 days, making it voluntary. The Court also found there was enough evidence to show the resident understood the agreement when she signed it.
- Obtained a significant victory in the Pennsylvania Superior Court in a case for a railroad client involving the interpretation of a release agreement under the Federal Employers’ Liability Act (“FELA”). Due to a lack of precedential appellate rulings from the Pennsylvania courts on the important question concerning the scope of releases in FELA lawsuits, Burns White filed a motion with the Superior Court to have the opinion published. The Superior Court took the rare step of granting the motion to publish.
- Obtained a significant victory in the Commonwealth Court of Pennsylvania when it ruled that E-ZPass electronic toll information of Pennsylvania Turnpike Commission employees is not subject to disclosure pursuant to the state’s Right-to-Know Law (RTKL).
- Obtained a significant victory for a railroad client in the Supreme Court of Ohio that limited plaintiffs’ use of experts when seeking to claim damages due to asbestos exposure.
- Won a significant victory in the Eighth Appellate District Court of Appeals of Ohio, where the Court found that plaintiff did not meet the requirements of the Ohio Asbestos Statute.
Visit our Appellate Practice Group page to learn more or contact Ira Podheiser. Read Ira’s full bio here.