Appellate work starts well before you have won or lost a case. If your case involves a substantial right or dollar amount, you should consider consulting an appellate lawyer during litigation and trial. This will insure (1) you do not waive arguments needed on appeal; (2) you build a full record for an appeal; and (3) you better understand how your case theory will hold up on appeal. Furthermore, because appeals from various forums may have different standards of review, you must be cognizant of the correct standard from the outset of the litigation.
Bona Law attorneys, a number of whom are former U.S. Circuit Court law clerks, have handled a variety of appeals in federal and state court including leading the team that convinced the U.S. Supreme Court to set aside 70 years of antitrust precedent in PacBell v linkLine. We have represented both the appellants and appellees as well as amicus.
The firm has two recent appellate wins in the Tenth Circuit (TPS v. Johns Manville) and the Ninth Circuit (Ariix v. NutriSearch).
Some examples of Bona Law’s Supreme Court amicus briefs include:
- Supreme Court of the United States: Salt River Agricultural Improvement and Power District v. Tesla Energy Operation, Inc. (appealability of state-action-immunity from antitrust denials).
- Supreme Court of the United States: North Carolina State Board of Dental Examiners v. FTC (antitrust action against state licensing board, involving issues of state-action immunity).
- Supreme Court of the United States: FTC v. Phoebe Putney Health System, Inc. (antitrust action involving hospital merger with governmental entity, involving issues of state-action immunity).
- United States Court of Appeals for the Fifth Circuit: FTC v. Illumina (FTC challenge to merger involving the “major questions” doctrine)
- United States Court of Appeals for the Ninth Circuit: Federal Trade Commission v. Qualcomm
- United States Court of Appeals for the Tenth Circuit: Johnson & Johnson Vision Care v. Reyes.
- United States Court of Appeals for the Eighth Circuit: American Farmers Bureau Federation v. U.S. Environmental Protection Agency (supporting privacy rights of small businesses and farmers).
- United States Court of Appeals for the Fourth Circuit: Colon Health Centers of America v. Hazel (constitutional case challenging Virginia state certificate-of-need law under the Dormant Commerce Clause)
Bona Law attorneys are admitted in the following appellate courts:
- Supreme Court