We see the appellate process as an integral part of litigation strategy. Appellate analysis may be a critical component of litigation and settlement strategy before a complaint is even filed. Baker & Daniels' alliance of appellate experience with deep knowledge in substantive areas of law brings the full power of appellate advocacy upon every stage of litigation.
Some of our appellate cases have changed the legal landscape, including:
- Anthem Insurance Cos., Inc. v. Tenet Healthcare Corp. — rules governing personal jurisdiction (Indiana Supreme Court).
- Associated Medical Networks, Ltd. v. Lewis — clarification of the rules governing class action litigation, narrowing the types of issues that can be challenged on a class basis (Indiana Supreme Court).
PSI v. Roberts — circumstances under which a premises owner can be found liable for injuries to a contractor's employees (Indiana Supreme Court).
Services
Baker & Daniels lawyers assist clients at each step of the appellate process, working with trial counsel when appropriate, which includes:
- Evaluating trial court judgments to determine whether an appeal or post-judgment motions are likely to be successful or cost-effective
- Assuming the lead counsel role on appeal or act as co-counsel
- Pursuing interlocutory appellate relief before the trial court’s process is completed
- Promptly seeking temporary relief, such as a stay or injunction pending the outcome of an appeal
- Providing advice and consultation at any point in the appellate process
- Briefing all or any portion of an appeal
- Representing amicus curiae
- Assisting in preparation of appellate oral argument, including moot courts
- Seeking further appellate review in the Indiana Supreme Court or U.S. Supreme Court
Baker & Daniels lawyers can play any role in the appellate process — from lead counsel to advisor. We also can provide assistance in the specialized areas of appellate motion practice, interlocutory appeals and further appellate review in the Indiana or U.S. Supreme Court.