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Appellate

Boies, Schiller & Flexner has one of the broadest and most effective appellate practices in the country. Our lawyers have briefed and argued appeals across a remarkable range of legal issues, in the Supreme Court of the United States, in every federal court of appeals, and in the supreme courts and courts of appeals of more than a dozen states.

The creativity, skill, experience, and tenacity that our lawyers bring to the trial court have enabled us to build one of the nation's premier litigation firms. Those same qualities make us just as effective in the courts of appeals, whether defending our victories, or challenging adverse rulings, in the courts below. Recognizing our ability to grasp quickly the essential facts of even the most complex and challenging cases, clients also have hired us to represent them on appeal after using a different firm in the trial court.

Our lawyers have the added insight and perspective that comes from seeing how appellate courts work first hand. Many of our lawyers served as judicial law clerks, including eight former United States Supreme Court clerks, clerks from every regional federal court of appeals, and clerks from the Supreme Courts of California and Connecticut. Another of our partners served as the Special Master to the United States Supreme Court in the case of New Jersey v. New York.

Partners in the Firm have personally argued landmark Supreme Court cases, including Bush v. Gore; Erica P. John Fund Inc. v. Halliburton Co. et al; Pennzoil v. Texaco; Square D v. Niagara Frontier; and Kremer v. Chemical Construction. Other partners, counsel and associates, including former United States Attorneys and other state and federal prosecutors, successfully argued dozens of criminal appeals before joining our Firm. The many appeals that we have won for our clients include the following:

  • GECCMC 2005-C1 Plummer Street Office Limited Partnership v. NRFC NNN Holdings, Inc., 204 Cal.App.4th 998 (2012):  BSF was retained to prosecute the appeal after the trial court entered a $46 million summary judgment against our client for alleged breach of a commercial mortgage guaranty.  The Court of Appeal reversed the judgment and directed the trial court to grant our client’s cross-motion for summary judgment.

  • Erica P. John Fund Inc. v. Halliburton Co. et al., 09-1403 (U.S. Supreme Court, 2011): The Supreme Court unanimously overturned a denial of class certification in this federal securities action. The issue before the Court was whether a securities class action plaintiff must demonstrate loss causation at the class certification stage in order to invoke the fraud-on-the-market presumption of reliance.

  • Osorio v. One World Technologies, Inc. (1st Cir. 2011): The Court affirmed a $1.5 million judgment in a table saw action. In this action, BSF alleged that the table saw used by the Plaintiff was defective because it failed to contain flesh detection technology.

  • Shelton v. NYS Liquor Authority, 61 A.D.3d 1145 (3d Dept. 2009): The Court reversed the lower court’s decision and held that our client, a beer distributor, had stated a claim for violation of civil rights arising out of censorship of beer labels.

  • Catskill Development, LLC v. Park Place Entertainment, 547 F.3d 115 (2d Cir. 2008): The Court affirmed a grant of summary judgment to our clients in an action in which a potential developer of Indian gaming casinos sued our client for alleged tortious interference because our client signed a competing contract with the same tribe.

  • Scutti v. Park Place Entertainment,173 Fed. Appx. 75 (2d Cir. 2006): This was a companion case to the above Catskill case and also involved a claim by a potential developer of Indian casinos claiming that our client’s competing contract tortiously interfered with his relationship.  The Court of Appeals affirmed the grant of summary judgment to our client.
  • SR Int'l Business Ins. Co., Ltd. v. World Trade Center Properties, LLC, 467 F.3d 107 (2d Cir. 2006): Court affirmined a jury verdict in our client's favor in dispute over $700 million in insurance coverage for the 9/11 destruction of the World Trade Center;

  • Hromyak v. Tyco Int'l Ltd, 942 So.2d 1022 (Fla. App. 2006): Dismissal of a securities fraud lawsuit against our client on statute of limitations grounds;

  • Pebble Beach Co. v. Caddy, 453 F.3d 1151 (9th Cir. 2006): Affirmed the decision that our client's use of a passive website outside the United States did not support personal jurisdiction for plaintiff's trademark infringement claim;

  • In re Tyco Int'l Ltd Securities Litigation, 422 F.3d 41 (1st Cir. 2005): Court affirmined decision in our client's favor that adverse party had waived right to seek arbitration;

  • Blades v. Monsanto Corp., 400 F.3d 562 (8th Cir. 2005): Court affirmined trial court's refusal to certify antitrust class action against our client;

  • Karaha Bodas Co., L.L.C. v. Perusahaan Pertambangan, 364 F.3d 274 (5th Cir. 2004): Court affirmined $261 million arbitration award we won for our client, an FPL-Caithness joint venture;

  • Williamson Oil Co. v. Philip Morris USA, 346 F.3d 1287 (11th Cir. 2003): Court affirmed summary judgment to our client in antitrust class action claiming $12 billion in overcharges from alleged price-fixing conspiracy;

  • Caiola v. Citibank, 295 F.3d 512 (2d Cir. 2002): Reversal of a dismissal of our client's claims for securities fraud and, in a case of first impression, redefining "security" to include synthetic options on a security;

  • A&M Records, Inc. v. Napster, Inc. (9th Cir. 2001): Reversal of preliminary injunction entered against our client, a peer-to-peer music file sharing service accused of contributory copyright infringement;

  • Den Norske Stats Oljeselskap v. Heeremac, 241 F.3d 420 (5th Cir. 2001) Court affirmined the dismissal of an antitrust action in favor of our client;

  • Pincay v. Andrews, 238 F.3d 1106 (9th Cir. 2001): Reversal of a jury verdict against our client on RICO claims on statute of limitations grounds;

  • Okeelanta Power Ltd P'ship v. Florida Power & Light, 766 So.2d 264 (Fla. App. 2000): Court affirmined dismissal of antitrust counterclaim in favor of our client;

  • Herbert v. Lando, 781 F.2d 298 (2d Cir. 1986): Court held that defendants were entitled to summary judgment on plaintiff's claims that he was defamed in 60 Minutes and Atlantic Monthly news reports.

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