Appellate Practice

When you need help after trial, we can navigate you through the appellate process

Whether you need to protect a successful verdict or reverse an unfortunate outcome, Wuliger & Wuliger can help.

Litigation does not always end when the jury renders its decision.  We have a tiered judicial system, and cases often move up and down the appellate ladder before a final resolution can be reached.  A skillful appellate lawyer is a must to ensure a good result.  In fact, the same skills that make a good appellate attorney, to wit, the ability to identify issues, conduct research and write comprehensive briefs, are such big part of legal practice that they can help you win your case even before you get to trial.

Wuliger & Wuliger attorneys have successfully handled countless appeals in both federal and state courts – including many precedent-setting cases.  Some of our more notable appellate cases include:

  • Caruso v. Leneghan, 2014-Ohio-1824 (Court of Appeals of Ohio, 8th Appellate District, Cuyahoga County) – We successfully fended off an attempt by the appellant, the majority shareholder of a coffee roasting company, to reverse a seven-figure judgment awarded to our client at trial for breach of fiduciary duty and related claims.
  • Gas Natural Inc. v. Osborne, 624 Fed.Appx. 944 (6th Cir. 2015) – In a case of first impression involving the interpretation of federal securities law, we obtained the reversal of a federal court order enjoining our client from communicating with shareholders of a public corporation.
  • Kelley v. Buckley, 193 Ohio App. 3d 11 (Court of Appeals of Ohio, 8th Appellate District, Cuyahoga County, 2011) – We successfully overturned the trial court’s grant of summary judgment against our widowed client in a legal malpractice case against her deceased husband’s former attorney, ultimately resulting in a multi-million dollar settlement in her favor.
  • Kelley v. Ferraro, 188 Ohio App. 3d 734 (Court of Appeals of Ohio, 8th Appellate District, Cuyahoga County, 2010) – We succeeded in obtaining a new trial on a widow’s claims against her deceased husband’s former partner and law firm after the trial court precluded her from presenting portions of her case to the jury. Ultimately, we turned a $4.22 million jury award into a settlement worth over $10 million.
  • Liberte Capital Group v. Capwill, 462 Fed.3d 543 (6th Cir. 2006) – We succeeded in upholding a contempt order against a major insurance company, paving the way for a multi-million dollar settlement in favor of our client, a federal equity receiver in viatical fraud class action case.
  • M.S. v. Toth, 2017-Ohio-7791 (Court of Appeals of Ohio, 9th Appellate District, Medina County) – We succeeded in overturning the judge’s decision directing a verdict against our client on claims relating to the fraudulent theft of her horse. The case later settled in her favor while pending retrial.
  • Rosen v. Celebrezze, 117 Ohio St. 3d 241 (Ohio Supreme Court, 2008) – In an interstate custody dispute, we successfully blocked the Domestic Relations Court from revisiting a parental rights determination made by an out-of-state court, following the mother’s recent move to Ohio in an effort to remove the children from their father’s care.
  • Taylor v. Heary, 2019-Ohio-3094 (Court of Appeals of Ohio, 8th Appellate District, Cuyahoga County) – We succeeded in upholding a contempt order against our disabled client’s ex-husband for failure to pay her long-term care insurance premiums as required under their 20-year-old divorce decree.
  • Thomas v. Nationwide, 177 Ohio App. 3d 502 (Court of Appeals of Ohio, 8th Appellate District, Cuyahoga County, 2008) – We successfully overturned the trial court’s grant of directed verdict against our client, an injured driver, on claims against her insurer for underinsured motorist coverage.

Our promise to our appellate clients

Unfortunately, judges sometimes make mistakes that can cost litigants dearly.  Moreover, even a win at trial does not guarantee swift payment of the resulting judgment.  A good appellate lawyer can’t change these realities, but they can help you ultimately get the justice you deserve.  And when finality is what you need, they can also be the key to achieving a post-trial settlement, guaranteeing an end to seemingly endless legal proceedings.

At Wuliger & Wuliger, we have a well-deserved reputation as formidable appellate attorneys.  We will put that reputation – and our skills – to work for you.

 

If you need help with an appeal, call us or fill out the form below to schedule your consultation.