Appellate Representation

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Briggs and Morgan's appellate practice group has advocated on behalf of clients in nearly all federal circuits and in most state courts throughout the Upper Midwest, with particular strength and frequency in Minnesota appellate courts and the 8th Circuit Court of Appeals. We are also prepared to represent clients before the U.S. Supreme Court.

Briggs’ depth of experience stems from an understanding of the intricacies of appellate procedural rules and the art of crafting effective written and oral arguments. The firm has extensive experience with the state judiciary. Thirty-five of our attorneys are former judicial clerks, half of which clerked for the Minnesota Court of Appeals and Minnesota Supreme Court. The strength of our appellate practice has been heightened with the return to the firm of Sam Hanson, former justice of the Minnesota Supreme Court and former Minnesota Court of Appeals judge. We also have a former U.S. Supreme Court law clerk and several former law clerks for the U.S. Court of Appeals on our roster.

In addition, several attorneys have held leadership positions with the MSBA Appellate Section and Appellate Council, the Eighth Circuit Bar Association, and Minnesota Defense Lawyer’s Amicus Curiae Committee, and are also contributing authors to leading appellate treatises. Staying current on issues pending review by the Minnesota Supreme Court is critical to the practice. As a service to clients, Briggs regularly monitors pending appeals. See Minnesota Supreme Court Watch

Briggs' appellate services include appellate advocacy and consultation and amicus representation.

Appellate Advocacy and Consultation

Our approach is best described as collaborative. Briggs' appellate attorneys consult with trial counsel (both within the firm and outside) at the outset to shape strategy and direction.

Effective appellate advocacy requires knowledge of the technical aspects of appeals, objectivity and judicial perspective. Briggs' practice is led by a respected former Minnesota Supreme Court justice, which enhances our ability to provide clients with critical case analysis from the extraordinary viewpoint of a judge.

Appellate counsel advise trial counsel and amicus curiae on:

  • Case assessment: Objective evaluation of the merits, prioritizing issues for argument, preparing record on appeal and satisfying technical demands of the appellate rules of procedure
  • Brief preparation: Writing, editing or critiquing briefs for effectiveness
  • Oral arguments: Developing responses to potential questions from the court, organizing moot court sessions prior to argument

Whether the client's goal is to preserve a favorable outcome or overturn a negative one, we assist in crafting persuasive arguments and strengthening appeals. In order to achieve this, we often conduct mock arguments to help clients to focus and prioritize issues on appeal.

Amicus Representation

Briggs' appellate counsel offers skilled representation of amicus curiae on matters of significance to diverse civic and trade groups. In this capacity, we organize amicus support and frequently write and file amici briefs on behalf of interested parties.

Representative Cases

The following provides an overview of recent, significant litigation for which our firm was involved:

  • Lundeen v. Canadian Pacific Ry. Co. (federal preemption): Multimillion-dollar personal injury litigation from catastrophic train derailment—which led to revision of Homeland Security Bill and congressional hearings—resulted in 8th Circuit decision that plaintiffs' negligence claim was preempted by Federal Railroad Safety Act.
  • McIntosh County Bank et al. v. Dorsey & Whitney LLP (professional malpractice): Minnesota Supreme Court granted summary judgment, ruling that an implied contractual attorney-client relationship cannot exist when an attorney is unaware of third party's identity, communications have not taken place, and there is no notice to the attorney of representation.
  • Frieler v. Carlson Marketing Group, Inc. (employer liability in sexual harassment): Minnesota Supreme Court rejected use of "knew or should have known" standard from Minnesota Human Rights Act in favor of federal standards.
  • Plains Commerce Bank v. Long Family Land & Cattle Co., Inc. (tribal law):  U.S. Supreme Court ruled that tribes do not have authority to adjudicate claims against non-members based simply on activities of non-members on fee land within a reservation, a bright line rule urged in an amicus brief filed by Briggs attorneys
  • Culpepper v. Irwin Mortgage Corp. (mortgage lending practices – yield spread premiums): 11th Circuit Court of Appeals affirmed decertification of the class and summary judgment to defendant lender after 11 years and four appeals.