A case changes when an appeal is filed. The process of deciding an appeal is different from the process in a trial court. Appellate opinions consider not only statutes and precedent, but also public policy. An effective appellate attorney develops both legal and policy arguments and presents them persuasively in briefs and oral argument. Experienced appellate advocates understand the intricacies of each appeal, why different standards of appellate review apply in different contexts, and whether deference will be given in any particular appeal to the trial court’s decision.
The Appellate Group at Gallagher Sharp is equipped to provide representation in every facet of post-trial activity and in any appeal. The Group prosecutes and defends appeals in the Supreme Court of Ohio and intermediate appellate courts in state and federal systems. A number of our appellate attorneys worked as appellate law clerks.
Gallagher Sharp’s appellate attorneys complement and assist all other practice groups and work in tandem with trial lawyers to develop winning strategies. Appellate attorneys provide clarity when a client may choose between an immediate appeal or an appeal after trial, can ensure that issues are preserved for appeal, and can provide answers to other difficult questions. The Gallagher Sharp Appellate Group can be an important part of your legal team.
Relevant Cases
Supreme Court Cases
Supreme Court of the United States
Novak v. City of Parma, Ohio, 33 F.4th 296, 302 (6th Cir. 2022), cert. denied, 143 S. Ct. 773 (2023) Section 1983 suit based on claimed parody protected under First Amendment; claimed barred because state actors reasonably believed they were acting within the law because plaintiff claimed posts were real posts by the police.
Supreme Court of Ohio
State v. CSX Trans., Inc., 168 Ohio St.3d 543, 2022-Ohio-2832, cert. denied, 144 S.Ct. 545 (appearing for amicus curiae): Holding state statute limiting the time for road closure due to railroad crossing to be preempted by federal law.
Goree v. Northland Auto Enterprises Inc., 2020-Ohio-3457 (8th Dist.): Affirming class certification as to several claims including OCSPA). Appeal allowed Goree v. Northland Auto Ents., Inc., 160 Ohio St.3d 1451, 2020-Ohio-5166, dismissed and remanded to the trial court to implement settlement, 164 Ohio St.3d 1436, 2021-Ohio-3280.
New Riegel Local School Dist. Bd. of Education v. Buehrer Group Architecture & Eng., Inc., 157 Ohio St.3d 164, 2019-Ohio-2851: Holding that Ohio’s construction statute of repose, R.C. 2305.131, applies to both actions sounding in contract and actions sounding in tort.
Safeco Ins. Co. of Am. v. White, 122 Ohio St. 3d 562, 2009-Ohio-3718: Holding insurer providing defense and indemnity was entitled to contribution from a second insurer based on the availability of coverage for negligent supervision which results in an intentional act by another insured.
Neighbors v. Ellis, 120 Ohio St. 3d 276, 2008-Ohio-6105: Reversing the appellate court decision which had held that an attorney-client relationship had been sufficiently established to support attorney professional liability.
U.S. Court of Appeals
United States Court of Appeals for the Sixth Circuits
First Floor Living LLC v. City of Cleveland, Ohio, 83 F.4th 445, 456 (6th Cir. 2023): Holding that demolition contractor is not a state actor and therefore that 42 U.S.C. § 1983 is inapplicable.
Safety Specialty Ins. Co. v. Genesee Cnty. Bd. of Commissioners, 53 F.4th 1014 (6th Cir. 2022): Holding insurer had no duty to defend or indemnify insured county for improperly retaining the proceeds of foreclosure sales to the extent they exceeded the property tax due.
Ngoc Tran v. Fed. Ins. Co., 728 F. App’x 576 (6th Cir. 2018): Holding that insurer properly denied coverage pursuant to policy’s cooperation clause and plaintiff’s bad faith claim failed accordingly.
United States District Court for the Northern District of Ohio
MCI Worldcom Network Servs. v. W. M. Brode Co., 411 F. Supp. 2d 804 (N.D. Ohio 2006): Finding in favor of bridge contractor for claims of negligence and trespass based on a fiber optic cable strike during the construction process.
United States District Court for the Southern District of Ohio
Paragon Molding, Ltd. v. Safeco Ins. Co., 2013 U.S. Dist. LEXIS 163137 (S.D. Ohio Nov. 15, 2013): Entering summary judgment in favor of insurer in bad faith claim based on insurer’s handling of multi-million dollar fire loss.
United States District Court for the Eastern District of Michigan
Knight v. Horace Mann Ins. Co., 2010 U.S. Dist. LEXIS 30534 (E.D. Mich. Mar. 30, 2010), 2009 U.S. Dist. LEXIS 19826 (E.D. Mich. Mar. 12, 2009), 2007 U.S. Dist. LEXIS 93956 (E.D. Mich. Dec. 21, 2007): Finding no private right of action based on an insurer’s obligations under Michigan’s statutory salvage titling requirements.
Ohio Court of Appeals
Ohio Court of Appeals
Travelers Property Cas. Corp. v. Chiquita Brands Internatl., Inc., 2024-Ohio-1775 (1st Dist.): Holding that there is no ‘occurrence’ caused by an ‘accident’ sufficient to trigger the duty to indemnify for injuries and deaths resulting from insured’s payments to known terrorists.
Midland Funding LLC v. Hottenroth, 2023-Ohio-923 (8th Dist.) Appeal not allowed sub nom. Midland Funding, L.L.C. v. Hottenroth, 172 Ohio St.3d 1483, 2024-Ohio-335, 226 N.E.3d 976: Affirming denial of class certification of claims under the Fair Debt Collection Practices Act (FDCPA) and Ohio Consumer Sales Practices Act (OCSPA).
Gallagher Sharp, L.L.P. v. Miller Goler Faeges Lapine, L.L.P., 2019-Ohio-2113 (8th Dist.): Holding plaintiff law firm that was third-party intended beneficiary of malpractice insurance policy.
Arndt v. P & M Ltd., 2011-Ohio-649 (11th Dist.): Holding that dismissal of class action during trial was proper.
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