Appeals
Louisiana Appeals Attorneys
Our attorneys handle a significant volume of appellate work and offer effective representation across all practice areas. This includes involvement in cases before the Louisiana Circuit Courts of Appeal, the Louisiana Supreme Court, the U.S. Court of Appeals for the Fifth Circuit and the Supreme Court of the United States. Our appellate work is not limited to those cases we handle from inception. In fact, corporations, insurers, and other law firms have also relied on us to assume control of cases after trial to offer a fresh perspective during the appeals process. Because of our experience, we are able to brief cases and present our clients’ position in a compelling manner that anticipates the needs and concerns of the appellate courts both in briefs and at oral argument.
Recent Experience Highlights
Client Story: Appellate Victory for a Public Utility on Prescription
Where we started: A public utility was sued by a group of downstream residents seeking damages for flooding allegedly caused by the utility’s operation of adam. Our roadmap: Our lawyers argued that the claim was time-barred by operation of Louisiana statutes applicable to public works. Resolution: Keogh Cox prevailed at the District Court and maintained the ruling to the Louisiana First Circuit and Louisiana Supreme Court.
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: A public utility and various Entergy entities had been sued by a group of downstream residents seeking damages for flooding allegedly caused by the utility’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 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.