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    • Sarah Grady
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    • Ashley Cha
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  • Team
    • Howard Kaplan
    • Sarah Grady
    • Jed Glickstein
    • David Schmutzer
    • David Sinkman
    • Nabihah Maqbool
    • Terah Tollner
    • Annie Garau Kelly
    • Amelia Caramadre 
    • John D. Tinder
    • Ashley Cha
    • Melissa Peña
  • Practice Areas
    • Overview
    • Business Litigation
      • Complex Commercial Litigation
      • Employment Litigation
    • Civil Rights
      • Wrongful Death
      • Medical & Mental Health
      • Sexual Assault
      • Failure to Protect
    • Appellate Litigation
  • Dispute Resolution
  • Resources
    • Case Developments
    • Seventh Circuit Roundup
    • Prisoner’s Rights Listserv
    • Prisoners’ Rights Resources
    • Press Kit
  • Careers

Practice Area

Appellate Litigation

We provide top-tier, creative, and efficient representation in appeals that are important to the business and civil rights communities. To do so, we draw on a breadth of expertise that sets us apart from other firms of our size. In addition to our broad subject-matter proficiency (on both sides of the “v”), a majority of our attorneys served as appellate clerks and we can call upon the experience and insight of a former federal appellate judge.

Our appellate services run the gamut, from full briefing and argument, to amicus submissions, to moot courts, to pre-appeal strategy and issue-spotting. We handle appeals in cases that we have litigated from inception as well as appeals in which another firm handled proceedings in the trial court. Whatever the nature of the assignment, our goal is simple: to provide maximum value and optimal outcomes for our clients. 

We invite you to review some of our past matters and learn more about what we offer.

Please contact us to discuss how we can help you with your next appeal.

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Recent Representative Cases

Municipal Liability for Prison Sexual Assault

Obtained en banc affirmance of $11.5 million verdict on behalf of two victims of sexual assault in a local jail (reversing an initial reversal by the panel)

Eighth Amendment Excessive Force Standard

Submitted an amicus brief on behalf of correctional administrators that was cited in the Supreme Court’s majority opinion

Severance Plan Interpretation

Obtained a complete affirmance for a major aerospace company in a class action challenging severance pay policies

Fiduciary Obligations of Fund Providers

Represented amici industry groups in successful appeals challenging stable value fund products

Res Judicata and Deliberate Indifference Standard

Obtained reversal of a deliberate indifference action against prison officials in opinion clarifying waiver and pleading standards for res judicata affirmative defense

Article III Standing Principles

Represented business amici in a Supreme Court case that established important principles about Article III standing limits on breach of fiduciary duty claims

Judicial Reviewability of Agency Determinations

Represented successful petitioner in a Supreme Court case about the substance and reviewability of provisions in the Endangered Species Act

Product Liability
Defense

Obtained reversal of a $10 million jury verdict in a products liability case in Cook County

Reversal of Federal Conviction and Vacatur of 20-Year Sentence

Obtained vacatur of our client’s 20-year sentence in multi-defendant appeal (the only appellant to prevail on appeal)

Prisoner Class Certification

Obtained affirmance of certification of a 10,000-person class action for damages regarding 8th Amendment violations for prison searches

Novel COVID-19
Injunction

Obtained partial affirmance of an injunction mandating COVID-19 preventative measures at Cook County Jail (the only known federal appellate court decision of its kind)

Administration of Prison Grievance Process

Reversed dismissal of a monolingual Spanish speaker’s lawsuit in a decision that broke new ground regarding jailers’ responsibilities to inform prisoners about grievances in a language they understand

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