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Appellate Practice
 

Liskow & Lewis is well positioned to handle all aspects of case appeals in the federal and state court systems. The firm is home to 37 former law clerks for judges in the state and federal appellate systems and this experience provides valuable insight into effective appellate advocacy. The smaller Appellate Practice group consists of seasoned attorneys who have significant experience in the appellate system. Our attorneys provide clients with a set of unique skills tailored to this complex area, and maintain our exceptionally high standards in legal and factual analysis, brief writing and oral advocacy.

The Appellate Practice group is often called upon to act as appellate counsel in matters tried by other law firms. Our attorneys also provide assistance to clients at trial to assist firm trial counsel in perfecting the best record for appellate review, including, for example, the filing of appropriate pre and post-trial motions, preparation of jury charges, and preservation of error in the trial proceedings. The firm’s distinguished appellate practice group is also often retained to prepare and file amicus curiae briefs in matters of significant importance to our clients, including business trade groups and organizations. Our experienced lawyers represent clients in appellate proceedings before the United States Supreme Court, the Louisiana and Texas Supreme Courts, all of the intermediate federal and state appeal courts in Louisiana, Texas and other jurisdictions.

We have successfully handled a number of precedent-setting cases in which lower court judgments were reversed and favorable judgments were rendered by the appellate courts.  Examples of these successes include:

  • Engaged as appellate counsel after an adverse judgement in a Louisiana district court, secured a reversal by the Louisiana Supreme Court of a multi-million dollar statutory damages judgment entered against an oil and gas operator arising from allegations that a concursus had been improperly files.  Cinemax Energy Co., v. Mauboules, 2009-1170, 2010 WL 1531363 (La. 4/9/10), -- So. 3d --.
  • Successfully challenged the use of tax increment financing to fund the developer’s cost of constructing a hotel in the existing World Trade Center in New Orleans, whereby the Louisiana Fourth Circuit Court of Appeal ruled that the TIF Statute at issue violated the Louisiana Constitution on multiple grounds.  World Trade Center Taxing Dist. v. All Taxpayers, et al. , 894 So. 2d 1185 (La. App. 4th Cir. 2005)
  • Reversed a judgment imposing a writ of mandamus requiring the collection of an occupancy tax on hotel rooms when such a tax was not previously approved by voter referendum.  Regional Transit Authority v. Kahn, 99-2015 (La. App. 4th Cir. 8/26/99), 742 So. 2d 960
  • Defeated a class certification in a nationwide securities fraud class action on interlocutory appeal based on the plaintiffs’ failure to establish the prerequisites for the fraud-on-the-market presumption.  Unger v. Amedisys Inc., 401 F.3d 316 (5th Cir. 2005)
  • Secured an important victory in the United States Fifth Circuit in a professional liability case involving the failure of Louisiana’s largest thrift institution.  The matter included a burden of proof on issues of causation and damage.  FDIC v. Barton, et al., 233 F.3d 859 (5th Cir. 2000)
  • Successfully challenged the use of tax increment financing to fund the construction of a sporting goods retail store with public funds in Livingston Parish, whereby the state Supreme Court ruled that the financing structure at issue violated the Louisiana Constitution.  Denham Springs Economic Dev. Dist. v. All Taxpayers, et. al, 894 So. 2d 325 (La. 2005)
  • Successfully opposed a motion to remand and obtain monetary damages in excess of $2 million and declaratory judgment in our client's favor.  Decision was affirmed in full on appeal, and the firm’s team successfully opposed petition for certiorari review filed by opposing party.  City of New Orleans v. Municipal Admin. Servs., Inc., No. 02-130 (E.D. La. July 15, 2003), aff'd, 376 F.3d 501 (5th Cir. 2004), cert. denied , 125 S. Ct. 1396 (2005)
  • Securing a reversal by the Louisiana Supreme Court of a large malpractice judgment entered against a law firm and national malpractice carrier, in which we were retained to handle the appeal after the adverse judgment was rendered by the district court.  Hendrick v. ABC Ins. Co., 787 So. 2d 283 (La. 2001)
  • Assuming representation of defendants after a jury verdict rendered against them in a contract dispute involving a license agreement for the manufacture of soft-drink pallets.  We obtained a full reversal for the $900,000 adverse judgment on appeal in the United States Court of Appeals for the Fifth Circuit.  C.C. Clark, Inc. v. DCV, Inc., 250 F.3d 738, 2001 WL 274113 (5th Cir. 2001)
  • Representing a case that involved duties of underwriters’ counsel in the private placement of securities.  Abell v. Potomac Ins. Co., 858 F.2d 1104 (5th Cir. 1988), cert. denied sub nom. Abell v. Wright, Lindsey & Jennings, 492 U.S. 918 (1989)
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