Appellate Practice

Appellate Practice

Fox's Appellate Practice Group is a connected network of seasoned appellate lawyers throughout the country who assist at every stage of litigation.

We ensure that cases are well positioned for appeal, defend good results in the trial courts and work to secure reversals or new trials whenever necessary.

Our team includes former judges and state supreme court justices, as well as former law clerks who have served on numerous federal and state trial courts. Our lawyers have represented clients on appeals before every federal circuit court and in the state appellate courts in more than two dozen states.

With appellate practitioners in offices coast to coast, Fox provides the local experience that can be critical to success in the appellate courts.

What we do:

The Fox appellate team offers a comprehensive menu of appellate services, including:

  • Support trial teams as “embedded” appellate counsel, providing strategic insights in anticipation of appeal. We build a favorable record for appeal, help to preserve the right to challenge trial court errors and anticipate the tactics of adversaries.
  • Consult with lead counsel on appeals, advising on local practices and customs and providing intelligence on individual jurists.
  • Assume ownership of a case for the duration of an appeal, taking the lead on appellate strategy, brief writing and delivery of oral arguments.
  • Moot and refine arguments in the kinds of bet-the-company cases that require no stone to be left unturned.

Fox appellate lawyers are also recognized as thought leaders. They teach, present and write regularly on issues of appellate advocacy and ethics, and several are authors of leading treatises used by lawyers in their daily practice.


Representative Matters

AVR Davis Raleigh, LLC v. Triangle Construction Co. (N.C. Ct. App., 2018) Secured order that overturned trial court’s refusal to mandate arbitration in multimillion-dollar construction dispute.

Uthe Technology Corp. v. Aetrium, Inc. (9th Cir., 2018) Obtained dismissal through summary judgment, affirmed by the Ninth Circuit on appeal, of federal case seeking tens of millions of dollars for alleged RICO, Securities Fraud, and unfair competition claims.

Secured reversal of a jury verdict for a uranium milling company in appeal to the Tenth Circuit following a five-week jury trial in a toxic tort case involving multiple plaintiffs alleging personal injury and property damage.

Estate of Savino v. Charlotte-Mecklenburg Hospital Authority (N.C. Ct. App., 2018) Obtained reversal of $5.5 million jury verdict for pain and suffering in medical-malpractice appeal.

Represented a music company in a copyright infringement action against an international defendant, including winning appeal in the Ninth Circuit Court of Appeals, vacating the district court’s dismissal of the case for lack of personal jurisdiction.

Spoor v. Barth (N.C. Ct. App., 2018) Argued appeal that led to reversal of trial court’s dismissal of class-action against corporate insiders accused of fraud. State supreme court declined to review.

Prevailed in a federal appeal in a truth-in-lending case against a regional bank, defending the lower court’s summary judgment dismissal.

Spade v. Select Comfort Corp. (3rd Cir., 2016) Established new law related to New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCNWA) that drastically curtails nuisance class actions against corporations. Represented Sleep Number Corp. and won early dismissal in class action in federal district court in New Jersey for claims under TCCWNA, the NJ Consumer Fraud Act and the Magnuson Moss Warranty Act. On appeal, the Third Circuit certified two questions to the NJ Supreme Court. The Fox appellate team ultimately prevailed in both the NJ Supreme Court and the Third Circuit, resulting in a full dismissal with prejudice of the lawsuit.

North Carolina Farm Bureau Mutual Insurance Co. v. Clear Technology, Inc. (4th Cir., 2015) Successfully overturned district court’s award of summary judgment in software-licensing dispute.

Kane Builders, Inc. v. Southern New Jersey Building Laborers District Council (3rd Cir., 2010) Secured reversal of $2 million judgment against contractor in claims brought by a union and its benefit funds. Later settled all claims for $50,000.

Cowart v. Metropolitan Life Insurance Co. (11th Cir., 2006) Individual disability policy was part of ERISA plan and did not come within Department of Labor “safe harbor,” in view of evidence that employer paid premiums.

VALIC Financial Advisors v. Gary Latuszewski, (3rd Cir., 2010) Prevailed in appeals for AIG subsidiary VALIC that affirmed a significant damages award for VALIC against a former broker for breaching his non-competition covenant.

Steinberg v. Wells Fargo Bank N.A. (District Court of Appeal of Florida, Fourth District) On behalf of a national bank, obtained a foreclosure judgment after trial and prevailed on appeal on the issue of whether additional documentary stamp taxes were owed as a result of negative amortization.

North Carolina Department of Transportation v. Mission Battleground Park (N.C. Supreme Court) Obtained new trial for property owner in eminent domain litigation when the Supreme Court of North Carolina reversed the Court of Appeals and trial court and granted a new trial due to the trial court's exclusion of our expert witness.