future-focused

Practices

Appellate lawyers view cases through a different lens than trial counsel. While focusing on the issues that will help win your appeal, we also think about the long-term implications that might be decided on appeal, such as, whether the trial court’s ruling will create a new precedent, how the ruling might affect this industry, and whether the ruling comports with rules governing statutory construction. When retained in the trial court, we begin to analyze these strategic issues for your appeal long before a trial court has ruled.

Overview

An appeal can change the outcome of a high-stakes case, set a precedent, or open the floodgates to further litigation. In a court that shapes policy, you want appellate lawyers who hold themselves to the highest of standards and intellectual rigor.

We are known for this. Appellate procedure and advocacy are skillsets that we have mastered and continue to hone. We are there at the inception of the case and involved throughout its lifecycle. This means that we are intimately familiar with the record and keenly aware of how judges think – while preserving the issues we can appeal, during litigation or after. Sometimes, we find a credible issue that can shape further litigation – or prevent it at the outset.

A successful appeal requires a fresh perspective

Looking at a case as an appellate lawyer requires a fresh perspective and an analysis of the bigger picture to recognize the issues that have the best shot at winning on appeal. Appellate lawyers must also master a unique set of procedural rules. We have that mastery with extensive knowledge and experience in appellate procedure.

On par with our knowledge, we are strong writers and orators. With precision and strategic analysis of what to bring to the appellate court, we streamline the issue to improve its clarity and understanding. In other words, we eliminate the “noise,” and focus only on what matters, in a manner that is clear, concise and effective. It’s more than a brief: we conceptualize complex scenarios through analogies and strong arguments, so that the rule of law has the best chance of being applied properly.

This is why our clients – who range from Fortune 500 companies to mid-sized businesses and individuals – count on us to achieve favorable results in complicated disputes, and oftentimes shape the law itself.

Our reputation is recognized in legal and business communities

Liskow is well-known in the appellate community. Although Louisiana appellate courts generally grant fewer than 8% of the civil writ applications that are filed, we have beaten these odds by consistently securing grants of writ applications for our clients at the intermediate appellate courts and the Louisiana Supreme Court. Our appellate team includes a Board Certified Appellate Practice Specialist who is also on the Appellate Practice Advisory Commission for the Louisiana Board of Appellate Legal Specialization, and the Louisiana State Chair for the ABA Counsel of Appellate Lawyers, as well as several former appellate law clerks. We regularly handle appeals in the United States Fifth Circuit Court of Appeals and in several other federal appellate courts.

Our appellate team often participates throughout the lifespan of a case, teaming with trial counsel at the inception of a lawsuit. In this role, we provide insight on legal issues such as venue and jurisdiction, handle strategic motion practice, prepare jury instructions and verdict forms, and ensure that error is preserved during trial.

With this depth of experience, we are called upon both by clients and trial counsel because our knowledge is deep, our approach is proven, and our strategy is cost-effective. We work side by side with judges and other lawyers in Louisiana and Texas by presenting at seminars and giving annual speeches on appellate practice trends. Trade and business groups such as the U.S. Chamber of Commerce, the National Association of Manufacturers and the American Petroleum Institute, as well as numerous state organizations, retain us to write Amicus Curiae briefs, and Thomson Reuters turned to us to author the guide on civil appeals in Louisiana.

Notable Experience

  • A recent writ grant from the Louisiana Supreme Court on a res nova issue of statutory interpretation, which, after full briefing and argument, resulted in the reversal of the lower courts’ erroneous interpretation and the substantial fee award that was improperly assessed against our client. See Luv n’ care, Ltd. v. Jackel Int’l Ltd., 19-749 (La. 1/29/2020), 2020 WL 499164.
  • A precedent-setting decision in the United States 5th Circuit Court of Appeals – allowing certain state law claims to be decided in federal court. See Grace Ranch, L.L.C. v. BP Am. Prod. Co., 989 F.3d 301 (5th Cir. 2021).

We are known for these strengths

  • We handle appeals at various stages of the case: after final judgments such as when there is a jury verdicts, or when a defendant is dismissed from a case; and after interlocutory judgments that are subject to an immediate appeal, such as with certain summary judgment rulings. We also routinely handle writs of certiorari or mandamus and motion practice before appellate courts.
  • Frequently we work both as trial counsel and appellate counsel. This allows us to analyze the details of the case while watching over the broader, bigger picture.
  • Our Liskow appellate team represents clients ranging from individuals to local, regional, and Fortune 500 companies that operate in a wide variety of commercial fields, including energy, maritime, construction, and consumer goods, in appellate proceedings before the U.S. Supreme Court, the Louisiana and Texas Supreme Courts, and all of the intermediate federal and state appeal courts in Louisiana, Texas and other jurisdictions.
It really is a situation of who do you turn to when you need the best chance to get an adverse ruling overturned on appeal (or . . . to preserve a win on appeal).
Hartwell Morse, Luv n' care

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