Our firm has expertise in representing a wide-range of clients in civil appeals to the Indiana Court of Appeals, Indiana Supreme Court, and to the United States Court of Appeals for the Seventh Circuit. Our attorneys understand the significant risks and financial considerations in the initiation or defense of an appeal.
Appellate arguments often require a mastery of the law, precedent, scholarly writing, and public policy on a given issue and these arguments are frequently more complex than the arguments made during a bench or jury trial. Our firm’s appellate advocacy attorneys include full time litigators, seasoned in the process of taking a case through trial, and appellate advocates, who are skilled at collaborating with trial attorneys to develop, analyze and submit the best arguments on appeal.
Our attorneys have also undertaken the handling of appeals for matters handled by other attorneys at the trial court level. BCC attorneys also contribute to amicus curiae briefs, advancing arguments on behalf of professional or trade organizations in cases where an appellate decision shifting the state of the law can greatly affect our clients.
Some representative matters in which our attorneys have handled appeals are:
- Obtained a reversal of a trial court decision which found that the firm’s client had not entered into an enforceable contract for the sale of his interest in a partnership. The Indiana Court of Appeals found that all elements of an enforceable contract existed and ordered the trial court to enter judgment in favor of the firm’s client.
- Filed an amicus curiae brief in a case before the Indiana Supreme Court on the issue of prejudgment interest awards in tort actions.
- Successfully defended the firm’s construction company client and its bonding company in an appeal that confirmed a public contract bidder’s right to rescind its bid when a mathematical error occurs in the bid calculation process. The case also determined that a bonding company’s obligation is not independent of its principal’s obligation to the public entity.