|Practice Team Chair:
Practice Team Vice
Appeals and Motions
Appellate litigation is one of Jorden Burt's foremost areas of specialized expertise. National in scope, the Firm's appellate practice spans federal and state courts in litigation that culminates with an appeal, filing immediate interlocutory appeals, pursuing extraordinary writs, and briefing on behalf of amicus curiae.
Jorden Burt lawyers have briefed and argued cases in the United States Supreme Court and every United States Circuit Court of Appeal. In addition to its extensive federal practice, our lawyers also have handled appeals and writs in more than 30 states, including in those states' highest courts. We recognize the importance of applying appellate strategies to procedural and substantive issues during all phases of litigation, so that our clients are well-positioned for any eventual appeal. Through extensive experience and superior written and oral advocacy skills, Jorden Burt's appellate practice has developed a national reputation for excellence. Our lawyers are involved in American Bar Association committees as well as in publishing in various journals and seminars.
Our highly sophisticated team includes some of the leading appellate practitioners and commentators, offering a full range of services, including:
- Appellate strategy and development of an effective theory on appeal
- Brief writing and oral argument
- Friend of the Court briefs for trade associations and industry groups
- Consultation on complex litigation matters where an appeal is expected
APPELLATE CASE HIGHLIGHTS
- Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (case clarifying limited circumstances in which monetary relief is available under ERISA for breach of fiduciary duty claims).
- McDonald v. Southern Farm Bureau Life Insurance Company, et al., 291 F.3d 718 (11th Cir.) (case of first impression finding no private right of action may be implied under the Federal Insurance Contributions Act (FICA), 26 U.S.C. § 3101, et seq. in favor of agents and agency managers in national class action against the insurer seeking to recover the employer's portion of FICA taxes based upon an alleged mischaracterization of the agency force as independent contractors rather than employees).
- Parkhill v. Minnesota Mutual Life Insurance Company, 286 F.3d 1051 (8th Cir.) (affirming summary judgment on all claims in multidistrict class action alleging fraudulent and deceptive marketing practices in the sale of alleged "vanishing premium" life insurance policies; district court's denial of class certification upheld).
- Bernardinelli v. General American Life Insurance Co., 357 F.3d 800 (8th Cir.) (case clarifying substantive and public policy considerations relevant to enforcement of waiver and release provisions in class action settlements).
- Gilbert v. Alta Health & Life Ins. Co., 276 F.3d 1292 (11th Cir.) (interlocutory appeal reversing denial of motion to dismiss and holding that plan participant's state law bad faith claim in connection with denial of plan benefits was preempted by ERISA).
- SFWMD v. Miccosukee Tribe of Indians of Florida, 541 U.S. 95 (2004) Class Water Act Case
- Adelstein v. Unicare Health Insurance Company, 2002 WL 87035 (11th Cir.) (affirming summary judgment alleging company's misuse of "make whole" doctrine in subrogation claims).
- Negrete v. Allianz , 523 F.3d 1091 (9th Cir. 2008) reversal of trial court's injunction prohibiting Allianz from settling cases in other forums that might affect claims of class members.
- In re Midland National Life Insurance Co. Annuity Sales Practices Litigation , 686 F.3d 1115 (9th Cir. 2012)