Appellate practice has been increasingly recognized by clients, in-house counsel, and trial lawyers alike as a discrete and important area of litigation. We view appellate advocacy as a critical component of the litigation process – one that begins long before a lawsuit is ever filed.

Krieg DeVault’s Appellate Practice Group is made up of seasoned attorneys with a well-respected track record appearing before the Indiana Supreme Court and the Indiana Court of Appeals, the Seventh Circuit Court of Appeals, and the United States Supreme Court. Several members of the Appellate Practice Group have also served as state or federal appellate court clerks and can offer unique insight into the appellate process. We have experience in a broad range of substantive legal matters, and can draw upon the expertise of the firm’s business, creditor’s rights, construction, environmental, financial institutions, health care, intellectual property, and other practice groups to ensure the best possible counsel to our clients.

Krieg DeVault’s appellate practitioners have been at the forefront of developing new law that has a significant impact on corporations, banks, health care providers, and state agencies, including:

• In Chi Yun Ho v. Frye, we represented the American Medical Association and the Indiana State Medical Association, as amici curiae, in a case that finally clarified for Indiana physicians the duty of surgeons in the operating room.
• In Mayberry v. Firestone, we sought to protect Firestone’s zealously-guarded tire skim stock formula from disclosure in a product liability action and prevailed. This case was decided as a matter of first impression and set the standard for trade secret protection in Indiana.
• In Auto-Owners Ins. Co. v. Bank One, N.A., the Indiana Supreme Court brought the State in line with the majority of jurisdictions around the country regarding the application of the discovery rule to claims involving negotiable instruments.

In addition to serving the traditional appellate needs of our clients through evaluation of the record, effective brief-writing, persuasive oral argument, and a command of the rules of procedure, our Appellate Practice Group offers counseling in all facets of litigation, including the development of legal strategy, pre-trial motion practice, and the preservation of issues for appeal. Our appellate services include:

• Acting as lead counsel, co-counsel, or advisor to clients in state and federal appellate courts and in the U.S. Supreme Court
• Partnering with trial counsel to assist in formulating the record and advise on substantive legal and procedural issues that may arise during the course of a proceeding – anywhere from the pleadings stage to discovery to dispositive motions
• Consulting with trial counsel on matters such as jury instructions, motions in limine, expert witnesses, trial briefs, and post-trial motions
• Formulating and executing legal theories and arguments
• Evaluating potential issues for appeal
• Filing or opposing motions in the appellate courts
• Drafting trial and appellate briefs
• Preparing for oral arguments, including mock arguments
• Representing the interests of amicus curiae parties in the appellate courts
• Handling state administrative agency appeals
• Initiating and defending interlocutory appeals
• Pursuing and defending mandate actions
• Handling appeals from the federal bankruptcy courts to the federal district courts and circuit courts of appeal
• Researching and analyzing complex legal questions that may arise during the course of a commercial transaction or dispute