Appellate Practice

BMK has a successful track record of representing clients on appeal in state court and before specialized administrative and government tribunals. We prosecute and defend appeals in all areas of our practice. Appellate experience is crucial, whether the client has been successful at a lower level or is seeking to change an unfavorable result. While our litigation clients often look to us to represent them on appeals in cases we have tried, we also accept new clients for the sole purpose of prosecuting or defending an appeal.

At the trial court level, BMK relies upon its appellate experience to thoroughly and properly preserve grounds for appeal. BMK attorneys also negotiate settlements and participate in alternative forms of dispute resolution that can avoid the need for an appeal altogether. As with every facet of our business, we utilize our experience in appellate cases to obtain successful and cost-effective results for our clients.

Representative cases include:

  • Preserving trial court victories by successfully upholding verdicts in several employment cases including ones involving age discrimination ($1.9 million) and sexual orientation discrimination (in excess of $1 million).

  • In a case of first impression, successfully appealing and overturning the trial court’s interpretation of a cut-your-own Christmas tree farm liability statute in a personal injury case in our client’s favor.

  • Successfully defending on appeal a salad dressing manufacturer against claims of misappropriation of trade secrets brought by a competitor.

  • In New York, successfully defending in trial court and on appeal a client accused of breach of contract, unjust enrichment, quantum meruit and fraud.