Appeals and Critical Motions

Handling complex appeals, including matters that may go all the way to the U.S. Supreme Court, requires diligence, tenacity, pragmatism, and analytic rigor. At Barnes & Thornburg, our appellate team puts these qualities to work in drafting appeals and critical motions in state and federal courts.

Our team advises clients and trial attorneys on how to address complex issues and frame arguments in a way that captures the attention and respect of appellate judges and justices. We write concise and trenchant briefs that inform and educate the court and its clerks, and we respond to court questions during oral argument in a way that clarifies and reinforces our position.

We have litigated hundreds of appeals before state and federal appellate courts across the country, including at the en banc stage and before the U.S. Supreme Court. From California to New York and Montana to Texas — and everywhere in between, including Indiana, Michigan, Illinois and Pennsylvania — our team presents persuasive written and oral arguments on appeal.

Our team works with trial teams before and during trial to write briefs, preserve issues, and position cases for appeal. Once judgment is entered, our appellate advocates assist with post-trial motions and handle the appeal in collaboration with the trial team. We have also been called on to serve as appellate counsel by other law firms and by business and individual clients once trial has concluded.

We also advise on the impact of recently decided and impending appeals and draft amicus curiae briefs in state and federal courts, including the U.S. Supreme Court. 

We have tackled a broad range of complex appeals, including commercial, intellectual property, labor and employment law, insurance, finance, energy, tax, healthcare, transportation, construction and environmental disputes, as well as appeals involving bankruptcy and white-collar crime.

Members of our appellate team serve in local, regional, and national leadership positions expressly focused on trial and appellate work. For example, our members include a former state solicitor general and a member of the California Academy of Appellate Lawyers. Many have also served as judicial clerks in the federal courts of appeal and other federal and state courts.

To more effectively represent clients on appeal, Barnes & Thornburg’s Appeals and Critical Motions team leverages its relationship with ThemeVision LLC, an affiliate of the firm that provides trial-consulting, graphic-design, and opinion-research services.