APPELLATE
Our appellate practice extends to the highest courts, including the United States Supreme Court, the federal circuit courts, the New York Court of Appeals, the Appellate Division, and other state appellate courts. We have represented both appellants and appellees, and have appeared as amicus curiae in matters relating to constitutional, statutory, regulatory, and common law issues. Our appeals have involved significant matters of first impression, and our advocacy has contributed to the development of the law and establishment of new standards. Our briefs and oral arguments have been recognized for their clarity and insight. We are not reluctant to press novel and creative ideas, or argue for extensions of, or changes in, existing case law where warranted. We are regularly engaged to undertake representation of a client at the appellate stage -- to analyze the record and to formulate the client's position on appeal.
Representative Matters
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We argued in the United States Supreme Court on behalf of a reinsurance company in the pleading of a former employee's claim for age and national origin discrimination.
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We submitted an amicus curiae brief in the United States Supreme Court on behalf of a coalition of hospice care providers in a challenge to the constitutionality, under the Fourteenth Amendment, of New York State's assisted-suicide law.
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We argued in the New York Court of Appeals on behalf of a non-profit organization in a race discrimination case which established a favorable standard for summary judgment for employers.
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We argued in the Second Circuit Court of Appeals on behalf of an employer and obtained affirmance of a jury verdict in a disability accommodation case.
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We argued an ERISA case in the Second Circuit Court of Appeals and obtained reversal of the lower Court's decision on the ground that there was no ERISA plan and therefore no federal court preemption.
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We argued in the New York State Appellate Division, First Department, on behalf of an employer and obtained affirmance of the dismissal of a constructive discharge claim.
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We argued in the New York State Appellate Division, Second Department, on behalf of the sponsor of a cooperative conversion and obtained reversal of a declaratory judgment concerning a proprietary lease.