Appellate Practice

LSK&D is one of the few law firms in New York that maintains a separate practice group dedicated to appellate practice. The need for a specialized group is particularly critical in New York because, unlike the federal courts and courts in other states, New York State courts permit appeals from interlocutory orders such as those which decide discovery motions and other pre-trial matters including motions for summary judgment, motions to dismiss, motions to strike or amend pleadings and motions involving third-party practice.

LSK&D recognizes that appellate practice requires unique skills that involve a blend of analytical ability, knowledge of procedural issues, knowledge of the substantive law and writing skills.

We safeguard our clients’ interests and keep legal costs down by using the appellate courts to seek review of critical interlocutory orders that can have a major impact on the trial of cases, their settlement value and the possibilities for transfer of the risk to co-defendants or third-party defendants.

Some of the tools the Appellate Practice Group uses include:

The attorneys in the Appellate Practice Group are not only expert in the procedural aspects of appellate practice (which involve such questions as the timing of the appeal, appellate jurisdiction, appealability, the preservation of issues for review and the selection of issues to present on appeal) but also in matters of substantive law.

In addition to writing and arguing appeals, the Appellate Practice Group is also responsible for:

The courts in which the Appellate Practice Group has handled appeals include:

The matters handled by the Appellate Practice Group include products liability, premises liability, general negligence, automobile liability, construction accident, contractual and common-law indemnification, insurance coverage, property damage as well as practice and procedural issues such as pleading and discovery matters.

It would be difficult to list all – or even a significant number – of the hundreds of appeals that LSK&D’s Appellate Practice Group has litigated over the years, from mundane matters to the most complex of matters involving multiple parties and cutting-edge legal issues.  We confine ourselves to listing a selection of both recent and landmark appellate decisions where the Appellate Practice Group has made a significant impact.

New York Office     100 Wall Street, 27th Floor     New York, NY 10005-3701     p. (212) 964-6611     f. (212) 267-5916

New Jersey Office     500 Frank W. Burr Blvd.     Suite 31     Teaneck, NJ 07666-6802     p. (973) 912-9501     f. (973) 912-9508