When Davis Graham & Stubbs LLP clients become
involved in an appeal – either as a party to the appeal or as a “friend of the
court” – they rely on a core group of DGS lawyers who possess specialized
appellate experience and outstanding analytical, brief writing, and oral
advocacy skills. Under the leadership of experienced appellate lawyer Theresa
Wardon Benz, our attorneys have argued on appeal in a number of industries a wide
variety of complex legal issues, including administrative procedure,
advertising, arbitration, commercial leases, constitutional law, construction,
contracts, employment discrimination, environmental cleanup, evidence, fraud,
insurance, land use, the Lanham Act, legal malpractice, libel and slander,
medical malpractice, mining, patents, pension benefits, personal injury,
products liability, property tax, public utility regulation, railroads,
sanctions, securities, shareholder derivative actions, ski resorts, sales,
telecommunications and use tax, trademarks, and unfair competition.
Our appellate attorneys work closely with DGS trial
lawyers to anticipate issues that may arise on appeal. This partnership
includes identifying and providing advice on major issues, drafting and arguing
pre- and post-trial motions, and participating in trial as
monitoring counsel, which can include arguing motions and jury instructions. They
also undertake appellate monitoring and appeals in cases that are being handled
or have been handled by another firm at the trial level. Our appellate lawyers
routinely pursue or defend interlocutory appeals, provide strategic advice on
issues throughout the course of a case, advise on preserving a trial record for
appeal, participate in trial as monitoring counsel, draft appellate briefs, and
make oral arguments in federal and state appellate courts.
