Louisiana Appeals Attorneys
Our appellate lawyers help clients seeking experienced, highly effective appeals representation in federal, state and administrative courts throughout Louisiana. For decades, many of the largest corporations and leading law firms in the U.S. have relied on us, whether to litigate the initial case or to assume control of the appeals process. A review of the Lexis-Nexis or WestLaw databases will show that we handle a significant volume of appellate work when compared to other Louisiana firms. This includes involvement in cases before the Louisiana Circuit Courts of Appeal, the Louisiana Supreme Court, the U.S. Court of Appeals for the 5th Circuit and the Supreme Court of the United States. Because of our experience and background, we know how to brief a case in ways that spot patterns and anticipate the needs of the appeals courts. Nancy Gilbert was staff attorney at the Louisiana Court of Appeals for the 1st Circuit, and Marty Golden served as a clerk to the Louisiana Supreme Court. We understand the unique rules, deadlines and defense strategies in the appeals process, and can integrate the key issues in a particular case that need to be brought to the court’s attention in both our written and oral arguments. In addition to being rock solid in our messaging and the written aspects of an appeal, we are well known and respected for cogently arguing appeals in the courtroom. John Wolff, for example, is a leader in the appeals section of the Louisiana State Bar Association and has applied for a specialty designation in this area.
Recent Experience Highlights
Client Story: Class Action Proceeding Overturned in Tax Appeal
Where we started: The state of Louisiana wanted to appeal an adverse decision reached by the district court, which had certified as a class action a proceeding brought on behalf of “all persons who are or were entitled to refunds and/or credits for overpayment of Louisiana State income taxes and were not paid interest as provided by law.” Our roadmap: On appeal, Keogh Cox argued that the statutory requirements for class action proceedings were not satisfied. Resolution: The appellate court agreed and reversed the district court’s decision.
Client Story: Appellate Victory for a Major Public Utility
Where we started: The Sabine River Authority of Louisiana and various Entergy entities had been sued by a group of downstream residents seeking damages for flooding allegedly caused by the authority’s operation of the dam at Toledo Bend. Our roadmap: Our lawyers argued that the litigation was preempted as it was an attempt to wrest control of the Federal Energy Regulatory Commission-licensed dam and impose operational changes outside the process set forth in the Federal Power Act. Resolution: Keogh Cox prevailed at the District Court level and it maintained the ruling at the U.S. Court of Appeals for the Fifth Circuit and at the United States Supreme Court.
Client Story: Trial Judgment Limiting a Scope of Practice Upheld on Appeal
Where we started: A group of physicians wanted to litigate the issue of whether the scope of practice of Certified Registered Nurse Anesthetists (CRNAs) had been expanded when it included interventional pain procedures, an area traditionally reserved to physicians. Our roadmap: At trial, the court had held that the practice of interventional pain management was not within the CRNA’s scope of practice, as the practice of pain management constitutes the practice of medicine. Resolution: The trial judgment was affirmed on appeal, and the Louisiana Supreme Court denied writs.
More Details about Appeals
Keogh Cox is an experienced appellate advocate in Louisiana’s state and federal courts and at the administrative level. We can find and express to the court the right messaging on each case, and can cut through the fog of a trial and think fast on our feet in front of an appeals court panel. Our appeals lawyers have years of experience, and know and appreciate the needs and unique ways of these busy venues. Our appellate experience spans a wide range of commercial issues, including:
- Commercial litigation
- Bad faith insurance
- Product liability claims defense
- Class action and complex litigation
- Employment litigation defense
- Professional liability claims
- Workers’ compensation