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Appellate Law

The distinctions between successful trial advocacy and successful appellate advocacy can manifest in many ways, but never more so than when an attorney who may be a master of the former lacks experience with the latter. Even the most accomplished trial lawyers can find themselves adrift when a matter advances to the appellate level or may not have the time and resources to effectively pursue or defend an appeal.

Almost $3 Billion in Catastrophic Money Judgments Reversed on Appeal

For decades, attorneys and litigants seeking exceptional appellate counsel have turned to Jacobs and Diemer to handle their most complex and consequential cases. Founded by legendary appellate advocate John Jacobs, our firm has earned a reputation as one of the nation’s most formidable appellate boutiques, especially in bet-the-company litigation where an erroneous decision or judgment at the trial level poses an existential threat or could lead to financial ruin. On behalf of insurance carriers, businesses large and small, and individuals facing opponents far more able to absorb the cost of protracted litigation, our efforts have led to state and federal appellate courts setting aside almost $3 billion in adverse verdicts or judgments against our clients.

Each of our experienced appellate attorneys takes a meticulous yet practical approach when engaged to consult or lead in an appellate case. We thoroughly review the lower-court record with meticulous attention to detail and big-picture thinking in equal measure, identifying errors and inconsistencies, strengths and weaknesses, opportunities and obstacles. In close consultation with our clients and with a complete understanding of their immediate and long-term goals, we develop strategies specifically designed to achieve both efficiency and success.

While Jacobs and Diemer is particularly adept at reversing devastating money judgments, we leverage our vast and diverse experience to assist trial counsel and litigants with all aspects of appellate practice. We have amassed an impressive record of parrying attempts to overturn hard-won victories and preserve favorable judgments and decisions for our clients.

 

Seizing the Moment With Interlocutory Appeals​

When a trial judge’s ruling or controlling questions of law provide an opportunity for an interlocutory appeal, we seize the moment. By moving quickly and decisively to prepare and pursue an interlocutory appeal when available, we can often avoid an upcoming trial altogether, sparing the client from incurring defense costs and the uncertainties of trial. Other times, however, where the lower court has ordered a new trial or sought to compel the release of sensitive, proprietary material that the client must shield from disclosure, we often reverse these interlocutory losses in the higher court.

 

Unmatched Appellate Experience in Insurance Coverage Matters

Success in insurance coverage litigation on appeal not only requires a mastery of appellate advocacy but also demands an encyclopedic understanding of a wide range of policies and coverages, as well as the ability to parse, analyze, and deconstruct dense policy language. Jacobs and Diemer is armed with extensive experience and capabilities on all those fronts and brings it to bear on behalf of insurance carriers and policyholders alike.

The firm’s world-class legal research capabilities lend themselves to unassailable insurance policy analysis, frequently unearthing avenues of coverage undetectable by other attorneys. Likewise, when an insurance carrier needs to defend its position on a coverage question, the firm’s superb analytical and brief writing skills can distill complex insurance coverage issues into persuasive, understandable narratives.

Embedded Trial Counsel

Jacobs and Diemer is frequently called upon to serve as embedded trial counsel, offering another set of eyes squarely focused on positioning the case for back-end protection in the event of an adverse outcome. We workside-by-side with trial counsel to create a strong record and preserve the critical issues that might win the case on appeal.

Representative Cases

Jacobs and Diemer focuses exclusively on appellate issues at all stages of federal and state litigation, including dispositive motions, issues at trial, and petitions for review. We use our exceptional written and oral advocacy skills to secure just results for our clients, sometimes contributing to new precedent and changing the law in the process.