Appellate Law FAQs

Yes. We will evaluate your case, identify the likely issues on appeal, and inform you how the appellate court would probably view them. Because the time to appeal is often short, prompt communication is critical to the ability to provide a timely opinion.  Based on the information provided and our extensive knowledge of appellate standards of review, procedures and caselaw, Foley & Foley will help you decide whether an appeal is worth pursuing. Please contact us to learn more about how we can help you.

Yes.  Foley & Foley will review your case and provide an opinion regarding the potential issues and outcomes of an appeal.  Because the time to appeal is often short, prompt communication is critical to the ability to provide a timely opinion.  With our insight, you will be able to assess the likelihood that your opponent may prevail on appeal – enabling you to make an informed decision about whether to fight to preserve your lower-court victory or to settle the case. Please contact us to learn more.

Our members are admitted to the bars of the United States Courts of Appeal for the Third Circuit, United States District Courts in New York, New Jersey and Pennsylvania, and the States of Connecticut, Georgia, Maryland, New Jersey and New York.

Civil, administrative, municipal, and bankruptcy appeals in state and federal courts. We represent both appellants (those seeking to reverse the decision below) and respondents (those seeking to affirm it). 

Foley & Foley works with individuals and companies, most often on the recommendation of other law firms, as well as organizations and groups seeking to be heard regarding issues of special interest.

Yes, Foley & Foley practices throughout the United States on a case-by-case basis. We can assist clients nationwide through pro hac vice admissions, or by working with your local counsel. Please contact us to learn more.

Appeals are based on the record below and the issues to be addressed.  No two cases are the same, so the cost of an appeal depends on your case and what help you need. Once we speak with you and hear about your case, Foley & Foley will provide an estimate for services tailored to your needs.

We offer various fee arrangements. Most often, our fee is based on an hourly rate billed as we work against an agreed retainer. In some cases we can offer a flat-fee for our services, giving our clients cost certainty. We provide estimates on request, and we accept various payment methods (including credit card payments). Please contact us to learn more and request an estimate.

No. If you choose, Foley & Foley will work with your trial counsel to help with your appeal. The trial attorney is an important asset in the efficient handling and preparation of your appeal.  Most of our cases are referred by trial counsel wanting us to assist with pursuing or defending on appeal.  Or we can be your lead counsel on appeal, permitting your trial counsel to focus on the trial-level litigation. Please contact us to learn how we can help you.

We are always available to our clients to discuss the status and progress of your case. We encourage our clients to call us whenever questions arise. 

It’s difficult to predict an appellate court’s ruling, but Foley & Foley can help assess the likelihood that you’ll win. Our Appellate Consulting Services evaluates your case before it’s appealed, identifying the likely appellate issues and whether it’s worth appealing in the first place (or, if you prevailed below, the likelihood of your opponent succeeding). Please contact us to learn more about how we can help you.

We’ll discuss the decision with you and whether you or your opponent may appeal further. We would then outline how best to proceed.

Part of what makes us so valuable coming into your litigation team is our extensive experience with a wide variety of legal issues and the strong research and writing skills to bring out the key aspects of complex cases.  In addition to our extensive appellate experience, Foley & Foley and its members have handled many types of trial, arbitration, mediation and administrative issues over the years, including

• breach of contract
• breach of warranty
• intentional torts
• negligence
• misrepresentation and fraud
• breach of fiduciary duties
• conversion and fraudulent transfer
• copyright and trademark registration
• copyright and trademark infringement
• product liability
• education law
• consumer fraud act claims
• real estate and home improvement claims
• trespass
• agency and apparent authority
• employment discrimination and civil rights violations
• corporate formation and dissolution
• corporate successor liability
• intestate and probate claims
• fraudulent loans and fictitious payments
• defamation
• bankruptcy claims and adversary proceedings
• interpretation of insurance policy provisions and coverage disputes
• statutes of limitation
• personal and subject-matter jurisdiction
• venue
• multi-jurisdiction disputes, including comity and compelled arbitration

Please contact us to learn how we can help you with your case.