Our firm’s experienced appellate team has successfully handled cases in state and federal courts throughout the country, representing existing clients and new ones in a broad range of legal issues. Our attorneys also handle extraordinary writs, and have been retained by prominent trade organizations like the Product Liability Advisory Council (PLAC) and the Defense Research Institute (DRI) to prepare amicus curiae briefs in closely watched cases.

Whether our firm has handled the client’s case at trial or is reviewing it for the first time, we objectively evaluate the available legal strategies that most appropriately meet the client’s needs and goals, be it post-trial motions, appellate briefs and arguments, or settlement negotiations.

Since most of the lawyers in the appellate practice team have served as defense litigators, they are intimately familiar with the panoply of issues that typically arise during trial or during the summary judgment phase of a court contest, and are therefore especially efficient at tackling post-trial issues.

We have extensive knowledge and experience in a wide spectrum of industries and have handled appeals in many practice areas, including the products liability and insurance sectors, class action, and other multi-party actions. We also routinely handle appeals in automotive, aerospace, commercial, construction consumer, civil rights, employment, insurance, and pharmaceutical and medical device cases.

In addition to handling appeals in Missouri, Kansas, Illinois, and other states our attorneys have practiced before federal courts of appeals in the Second, Sixth, Seventh, Eighth, Ninth, Tenth, D.C., and Federal Circuits, and the United States Supreme Court.

For more information about our Appellate practice contact Executive Committee Member John W. Cowden at 816.448.9347.

News & Events

ABA Appellate Practice Journal to Publish Eisenberg Article

03.24.11 | David Eisenberg’s article "Interlocutory Review of District Court Orders, in the Wake of Mohawk Industries v. Carpenter" will be published in the Spring 2011 edition of the ABA Appellate Practice Journal.

Results

Summary Judgment Entered In Favor of BSCR Insurance Client

BSCR obtained summary judgment in the Circuit Court of Jackson County, Missouri in a $1 million declaratory judgment and equitable contribution action brought against an insurance client (the professional liability E&O insurer for an elevator inspector whose negligent inspection of a grain mill manlift resulted in the death of a firefighter) by another insurer (the CGL insurer for the elevator inspector). The summary judgment in favor of our client was affirmed on appeal.

Defense Verdict Obtained for Retail Client

BSCR successfully defended a major retail client at trial where plaintiff claimed she tripped and fell over a mat in the client’s store causing her to break her hip. Plaintiff asked the jury for an award of $4M. . .

BSCR Wins Appeal Before the Eighth Circuit Court of Appeals In Hotly Contested Construction Case

A decision from the 8th Circuit Court of Appeals affirmed a jury verdict obtained by BSCR in favor of its clients MacKenzie House, L.L.C. (developer) and MH Metropolitan, L.L.C., (owner) of a Kansas City apartment complex. Appellant, The Weitz Company (an Iowa-based contractor) was retained as the contractor of the apartment complex and eventually walked off the project after significant delays and cost overruns. . .

Eighth Circuit Affirms District Court's Grant of Summary Judgment for BSCR Insurance Client

The Eighth Circuit affirmed entry of summary judgment in favor of an insurance client in a Kansas City federal court case. The Eighth Circuit found that the federal court did not err in concluding that the agreement in question had a “follow-the-settlements” provision; did not err in finding another state’s six-year limitations period barred plaintiff’s challenges to claims submitted by defendant; nor did it err in finding the statute had not been tolled. . .

BSCR Secures Defense Verdict on Behalf of Commercial Airline in Discrimination Case

BSCR obtained a jury verdict on behalf of a commercial airline in a discrimination case filed in the United States District Court for the District of Kansas. Plaintiffs, two passengers on the flight, filed discrimination claims against our client for statements made by a flight attendant. . .

Blog Posts

Failure to Follow Appellate Briefing Rules Can Lead to Draconian Consequences

09.25.12 | Appellate litigants should carefully – very carefully – consult their appellate court’s rules on briefing, before sitting down to write, and especially before filing. The Missouri appellate courts have recently reminded practitioners that a failure to observe the briefing rules can be fatal to a client’s substantive rights. . .