Appellate
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- Complex Torts & Products Liability
- General Litigation
- Insurance Coverage Claims/Litigation
- White Collar & Complex Criminal Defense
Overview
Our experienced appellate lawyers represent clients in federal and state appellate courts throughout the country. They are front-line advocates who use their special skills to ensure that trial records are properly developed and protected, and that the best factual and legal arguments are available later for any appeal.
OUR EXPERIENCE
Because of their substantial and varied experiences in representing clients in the trial and appellate courts, our appellate attorneys can provide valuable assistance at all stages of the litigation process.
- Appellate Representation. They are available to handle matters of all kinds in the appellate courts, even if they have not had prior involvement with the cases being subjected to appellate review.
- Pre-Verdict Assistance. Just as frequently, they are called in before or during trial to help trial counsel identify and preserve possible appellate issues in the event that an appeal is necessary. In such cases, they often attend trial with trial counsel to ensure proper issue preservation.
- Post-Verdict Work. Because there are distinct advantages to having experienced appellate counsel, our appellate attorneys are often retained to undertake appeals where another law firm appeared at trial. In such cases, they recommend working together with trial counsel to prepare post-trial motions and responsive briefs. This helps to ensure that strong appellate issues are identified, preserved, and protected before the appeal is taken. Thereafter, they are available to handle the appellate process, either alone or in conjunction with trial counsel.
- Cases from Inception. When Cozen O’Connor attorneys handle cases at trial, our appellate practice attorneys are frequently involved from the beginning, giving analytical, research and drafting assistance. These appellate practice attorneys often take over such cases on appeal because of their experience and knowledge of the appellate courts and rules of appellate procedure. Even if they do not formally substitute as appellate counsel, they provide valuable assistance throughout the appeal process.
The appellate attorneys who are available to assist clients have collectively handled or worked on a vast number of appellate cases, appeared before a wide variety of state and federal appellate courts (ranging from the U.S. Supreme Court to the U.S. Court of Appeals for the Armed Forces, as well as each circuit of the Courts of Appeal), served a wide variety of appellate judicial clerkships, authored Law Review articles and served on Law Review editorial boards, and served on various court-related committees.
It is particularly noteworthy that both of the firm’s name partners, Stephen A. Cozen and Patrick J. O’Connor, are well-known and well-respected appellate court practitioners who have represented a variety of clients in various appellate courts.
WHAT WE DO
Cozen O’Connor appellate attorneys are particularly versatile and have successfully handled all types of appellate matters. Some of the firm’s significant and very successful areas of appellate practice include:
- Contractual matters
- Insurance matters of all types (including coverage, bad faith, business torts, medical device and drug litigation, environmental matters, toxic torts and subrogation)
- Professional liability matters
- Securities litigation
- Labor and employment cases
- Healthcare matters
- White collar criminal defense matters
MATTERS WE HAVE HANDLED
- Successfully reversed and remanded for a new trial before the Appellate Division of the Superior Court of New Jersey the appeal of a $109 million verdict against ARAMARK, which arose out of a catastrophic drunk driving accident in New Jersey. Cozen O’Connor was not trial counsel.
- Prevailed on appeal to the Pennsylvania Supreme Court reversing a $19 million verdict against our client, Temple University Hospital, which arose out of a medical malpractice case. Cozen O'Connor was not trial counsel.
- A verdict of more than seven times a company’s net worth was assessed in Texarkana. We were retained after the verdict was announced. In post-verdict motions, we introduced evidence of the company’s financial condition and argued that the verdict was unconstitutionally excessive. The U.S. Court of Appeals for the Eighth Circuit accepted our arguments and ordered a new trial.
- Obtained a significant appellate victory for Southeastern Pennsylvania Transportation Authority (SEPTA) before Pennsylvania Commonwealth Court in finding that SEPTA cannot be held liable under Pennsylvania's Bad Faith Statute.
- Successfully achieved dismissal in a civil rights and RICO lawsuit against a Pennsylvania township, township manager, three town supervisors and five members of the Zoning Board of Adjustment, by the U.S. Court of Appeals for the Third Circuit. The suit alleged multiple violations of U.S. and state constitutions, including absence of due process and equal protection.
- Prevailed on appeal to the Pennsylvania Supreme Court on an issue of first impression in Pennsylvania concerning the right to an immediate collateral order appeal from the denial of a motion for summary judgment under the General Aviation Revitalization Act of 1994. In accepting our argument, the Pennsylvania Supreme Court split with the Third Circuit which has held that no such right to a collateral order appeal exists in federal court.