Appellate

• Won affirmance by the New York Court of Appeals of both trial court and appellate division rulings that Labor Law § 240(1) was not intended to cover ordinary vehicle repair in a matter involving a diesel technician injured when a commercial trailer fell onto him while he repaired brake lines.
• Won affirmance of a summary judgment ruling to dismiss all claims as a matter of law after an employee of a major metropolitan transit authority filed a complaint with the Equal Employment Opportunity Commission followed by claims of retaliation and racial discrimination.
• Following a plaintiffs’ verdict in an asbestos trial, the plaintiffs brought suit against an excess insurance carrier and won a $3.9 million judgment. The insurer brought the complex appeal to Goldberg Segalla, and we succeeded in seeing the matter unanimously vacated without costs, convincing the appeals court to overturn the trial court’s decision granting the plaintiffs’ motion for summary judgment.
• Served as counsel on appeal in a case of first impression in Maryland in which the plaintiff sought to recover damages for breach of contract and unjust enrichment stemming from the purchase of a single-family home that included latent defects allegedly undisclosed by our client. We argued that a person could allege breach of contract and unjust enrichment if there is evidence of fraud but could not recover under both theories. The appellate court agreed.
• Represented the parade organizer after a marcher was injured on the parade route. Our motion for summary judgment dismissal was granted by the trial court and the Appellate Division affirmed, holding that the organizer did not have control over the road, the hole, or the condition of the route and, therefore, did not have a duty to protect parade participants.
• Obtained summary judgment dismissing all Monell claims after a plaintiff claimed a municipality violated his constitutional due process rights. On appeal, the Second Circuit unanimously affirmed the dismissal based on our showing that the Monell requirements had not been met.
• Obtained unanimous affirmance of order that dismissed the complaint for failure to state a cause of action under General Business Law §§ 349 and 350 in an action where the plaintiffs sued their longtime insurance brokerage and its parent company. In affirming the dismissal, the First Department held that the plaintiffs’ ultimate claim regarding coverage recommendation particular to cybercrime rested on speculative causation that was insufficient to support their causes of action.
• The Second Circuit Court of Appeals affirmed dismissal as to all defendants in a case where patients whose attorneys requested their medical records from various hospitals alleged the hospitals and medical records vendors were engaged in an unlawful kickback scheme. The Second Circuit held that alleged violations of General Business Law § 349 based solely on a theory of harm reliant on Public Health Law § 18(2)(e) are not cognizable under New York law.

Attorneys in our Appellate law practice regularly represent leading organizations and businesses as amici in the New York Court of Appeals and the Supreme Court of New Jersey, as well as other federal and state appellate courts. Given the depth of knowledge of each Goldberg Segalla appellate attorney, we can write amicus curiae briefs on a wide range of issues. We have also been extremely successful in securing support from amici to support our clients’ appeals and raise key arguments on important legal and public policy considerations.

Our appellate attorneys are ready at a moment’s notice to descend into the trenches of a trial and assist with motion practice – drafting stays and bonds, and striking an appendix or brief that includes improper material – all things that could be critical to the success or failure of an appeal. Our team can intervene early to secure a stay and prevent an appeal from becoming moot.

Post-trial motions are also an important part of our Appellate law practice. Whether it’s a motion to set aside a verdict, a question of sustainable damages, or another concern, post-trial motions are often the first step before an appeal. Our appellate team’s superior research, writing, and analytical skills shine here, too. Our constant tracking of court decisions – combined with our robust writing and analytical skills – provide a solid foundation for successful post-trial motions. In addition, Goldberg Segalla’s team of appellate attorneys can either assist with or handle collateral source hearing; where appropriate, we can provide a CPLR 50-B judgment analysis and litigate those issues.

Whether you need our help following an adverse verdict or we’ve been litigating the case since day one, our appellate attorneys have handled dozens of post-trial motions and are adept at digesting the trial record to make effective, timely arguments in your favor.

Because of Goldberg Segalla’s collaborative culture, our work begins long before an appeal – and savvy use of an appellate attorney from the first stages of litigation could obviate an appeal altogether, helping to secure unshakeable success at trial. When the stakes are high, bringing appellate counsel on board early is often more cost-efficient than waiting until the first signs of difficulty.

The strength of a party’s case at trial depends on how the attorneys have framed the issues and litigated the matter up to that point. Because of this, there is palpable value to an appellate attorney collaborating with the litigation team at the early stages of a lawsuit, especially when the lawsuit has the potential for a large verdict or concerns complex legal issues.

While a trial attorney’s pre-trial strategizing will involve pre-suit investigation and laying the groundwork for closing arguments, the focus of an appellate attorney during trial preparation will be on framing legal issues in light of the applicable statutory and common law and on preserving those issues in anticipation of an appeal – first to an intermediate appellate court and possibly to a court of last resort. Neither perspective is more important to setting up a successful trial, but trial and appellate attorneys working together, layering their very different perspectives, can make all the difference in the early stages of litigation.

In other instances, the appellate attorney might take an even more expansive global view of the lawsuit because it impacts related litigation throughout the state, across several states, or nationwide – tapping into the juridical-historical currents that shape industries and the law. The appellate attorney can oversee a client’s initiative in influencing the common law on certain issues across a number of jurisdictions. Appellate attorneys are especially adept at doing so because a large part of their skill set is identifying trends and changes in the common law and finding commonalities or differences to provide support for their clients’ position. Monitoring statewide and nationwide trends while keeping our clients’ objectives in sharp focus, our appellate attorneys can make sure that arguments across all jurisdictions are uniform and effectively framing issues to support the client’s broader initiatives.

Trial lawyers and appellate lawyers see the same case from different perspectives. Where the trial lawyer is focused on investigating, collecting evidence, and shaping a compelling narrative for a judge and jury, an appellate lawyer asks how legal issues in the case can be preserved and raised later in an appellate court. The very presence of a Goldberg Segalla appellate attorney at trial can help, in ways subtle but profound. As part of a trial team, an appellate attorney gently reminds a judge that the defense is prepared to go the distance, preserving every possible issue for appeal.

But an appellate attorney is never present at trial just for “show.” Our clients often ask our appellate attorneys to monitor trials and present a more dispassionate view of the proceedings: How are the jurors reacting to the evidence? What kinds of rulings has the trial judge made? How is the court receiving the evidence? What is the overall impression? Reporting on these issues not only provides clients with a different perspective, but also allows the trial lawyer to concentrate on one thing: trying the case.

If it’s more than just monitoring a client wants, our appellate attorneys can leverage their distinct skill sets and work seamlessly with trial teams, both before and during trial. Preparing motions in limine, trial memoranda, and other written submissions are just some of the ways appellate attorneys can utilize their skills while easing a trial lawyer’s burden. Our Appellate law team also frequently serves primary and excess carriers and other clients to monitor full liability and damages trials, helping to craft arguments and consulting on objections to preserve the record – while striving to work fluently and constructively with experienced trial counsel, never stepping on toes and sharing the common objective of protecting the clients’ rights.

At the same time, our appellate attorneys watch cases nationwide and inform clients and trial attorneys of important developments – during trials to make sure our arguments are based on the latest case law, but also in times of relative calm, seven days a week and 365 days a year, to keep our clients cognizant of trends that could affect their business.