Appellate

Several Budd Larner attorneys are experienced in appellate practice in the state and federal courts. We know how to sort through and analyze trial court records to identify the strongest arguments and how to present those arguments persuasively. One of the attorneys in this group, Donald P. Jacobs, has taught "Effective Legal Writing" at Rutgers Law School, while the firm's Of Counsel includes William D'Annunzio, retired judge of the New Jersey Superior Court, Appellate Division.

Budd Larner has filed appellate briefs in the state courts of New Jersey, New York, Pennsylvania, Florida and Minnesota, as well as in the Supreme Court of the United States and most federal courts of appeal. Besides handling appeals of matters in which the firm was counsel at trial, we are often retained by other law firms and by clients we did not represent at trial to prepare appellate briefs or petitions for certification. For example, a nationally known corporation retained the firm to seek reversal of a multimillion dollar jury verdict in a sex discrimination case. Our appellate work has included:

  • The representation of defendants in a civil RICO action before the United States Supreme Court. Ruling in favor of defendants, the Supreme Court held that no cause of action exists under RICO's civil conspiracy section if the plaintiff's injury was caused by an overt act that is not itself an act of racketeering activity or otherwise wrongful under RICO. Beck v. Prupis, 529 U.S. 494 (2000)
  • The representation of a city and local official before the New Jersey Supreme Court in a case in which General Motors claimed federal civil rights violations stemming from allegedly excessive tax assessments. Agreeing with defendants' position, the Court held that General Motors could not maintain the action under the federal civil rights statute because state law provides an adequate remedy for such claims. General Motors Corp. v. City of Linden, 143 N.J. 336, cert. denied, 519 U.S. 816 (1996).
  • The representation of defendants before the New Jersey Supreme Court in a dispute over the management of a multinational corporation. The issues involved the appraisal rights of dissenting minority shareholders and claims by dissenting shareholders against the board of directors. Strasenburgh v. Straubmuller, 146 N.J. 527 (1996).
  • The preparation of briefs on an "of counsel" basis before the New Jersey Superior Court, Appellate Division, in a medical malpractice case in which the jury returned a no-cause verdict. The Appellate Division ordered a new trial because of possible racial and ethnic bias in the jury-selection process. Samo by Samo v. Colfax, No. A-2538-94T1 (App. Div. 1996), certif. denied, 149 N.J. 34 (1997).
  • The preparation of a petition for certification and briefs in a case arising under the New Jersey Consumer Fraud Act. Agreeing with our position, the New Jersey Supreme Court reversed a treble damage award against the defendant corporation and its president. Meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464 (1988).

For more information, please contact:

Donald Jacobs
djacobs@budd-larner.com
973-315-4413
973-379-4800