Mar 18, 2019
Our appellate attorneys are known for stellar results and a team approach to appeals. We are often brought in as “counsel of last resort” — when the trial verdict didn’t go the right way and fresh analysis and advocacy are needed on appeal.
Success on appeal requires creativity, sophisticated analysis, and a fresh approach. It’s that combination that has led us to one success after another, not only for matters we handled in the trial court, but also for appeals on matters where Parker Hudson did not serve as trial counsel.
Because of our size and experience, we are able to offer the same superb quality as big-firm appellate teams, with attorneys who are equally well credentialed, but with fee arrangements that provide better value for the client.
Though we often serve as lead appellate counsel, many clients and other law firms have also brought us in as consultants, tapping our experience and insight to help them prepare an effective argument at any level of appeal.
Our approach includes:
- Offering representation to plaintiffs and defendants, appellants and appellees alike, whether they are businesses or individuals
- Bringing our appellate experience to a wide range of cases and legal issues, ranging from complex business torts or commercial cases to personal injury claims
- Recruiting top-quality attorneys with appellant experience to join our team, including former federal appellate law clerks
- Providing analysis of post-trial motions, including cases in where we were not the trial counsel, and briefing
- Seeking a JNOV (judgment notwithstanding verdict) or new trial whenever appropriate
- Putting the client’s best interests and goals first, whether we are serving as lead appellate counsel or as consultants
- Leveraging the issue-specific experience and insight of Parker Hudson’s other practice groups
We have significant experience handling appeals in federal and state courts, both in Georgia and beyond. In fact, we recently obtained the reversal of a $5.5 million jury award after being brought in as post-trial and appellate counsel for a client that had suffered a serious loss at trial while represented by different counsel. Through our post-trial briefing, we secured a new trial for the client and then re-tried the case and achieved a complete defense verdict, which we then successfully defended on appeal.
Many of our attorneys have been selected as Georgia Super Lawyers or Georgia Rising Stars. Additionally, our team includes attorneys who have spoken on appellate issues and presented CLE instruction to other attorneys regarding appellate practice.
- Appeals from state trial court
- Georgia Court of Appeals appeals
- Georgia Supreme Court appeals
- U.S. Appeals Court appeals (Eleventh Circuit and other Federal appeals)
- Appeals outside of Georgia
- Post-trial briefing & analysis (post-trial counsel)
- JNOV / New trial
- Lead appellate counsel representation
- Appeals consulting
- Represented a Fortune 500 diagnostic testing company in successfully challenging and reversing a significant adverse jury verdict. Following a nearly $5.5 million adverse jury verdict prior to our firm’s involvement, our firm handled post-trial briefing, a new trial, and an appeal, which ultimately resulted in a complete defense verdict and no liability to our client. The firm was initially retained after a trial, in which our firm was not involved, resulted in a jury verdict against our client and its subsidiary on a medical malpractice claim for nearly $5.5 million. Once retained, the Parker Hudson team first obtained a new trial on damages, and then convinced the trial court to vacate the remaining portion of the jury’s verdict (the liability finding) and award a new trial on all issues. The parties tried the case to a jury in March 2014. The plaintiff sought at least $7 million at trial. The Parker Hudson team were the lead trial lawyers and tried the case along with a lawyer from another firm. After a six-day jury trial, the jury entered a complete defense verdict, which was then affirmed by the Georgia Court of Appeals.
- Successfully represented our client, a national franchisor, in both the trial court and before the Georgia Court of Appeals in obtaining an order compelling the arbitration all of the plaintiff's claims in a seven-count, 42-page Complaint. The plaintiff argued that the parties' agreement to arbitrate had been superseded by another contract, but the trial court (Fulton County Superior Court, Business Court) granted the firm's motion to compel arbitration of all claims. The firm then handled the appeal before the Georgia Court of Appeals, which unanimously affirmed the trial court's decision compelling arbitration. The Court of Appeals' decision is reported at Samaca, LLC v. Cellairis Franchise, Inc., 345 Ga. App. 368 (2018).
- Obtained a favorable ruling from the Eleventh Circuit Court of Appeals, affirming in its entirety an order by the United States District Court for the Northern District of Georgia, dismissing with prejudice all of the plaintiff-borrower's claims against one of the firm's bank clients. The trial and appellate courts both held that the plaintiff-borrower could not state a private right of action under the federal government's Home Affordable Modification Program (HAMP).
- Won a decision from the 11th Circuit Court of Appeals in June 2016, confirming dismissal of a $4 million fraud claim involving the sale of a flexible premium life insurance policy.
- Represented a national insurance broker in litigation arising out of an aircraft insurance policy relating to a fatal crash in DR Congo. Obtained complete dismissal from Delaware Superior Court on motion to dismiss. After oral argument, the Delaware Supreme Court affirmed.
- Defended national subprime lender in series of class actions and Attorney General enforcement action addressing novel loan issue requiring litigation and arguments in Federal District Court, Federal Circuit Court, Georgia Superior Court and Georgia Supreme Court. Matters resolved by comprehensive settlement.
- In multi-million dollar case of first impression challenging banking transactions arising out of large-scale cattle auction, client prevailed in Federal District Court and then again before Federal Circuit Court.