Appellate Practice

We regularly represent clients at every level of the state and federal appellate courts in appeals encompassing all areas of the law and often in cases that are of broad significance. Our work has resulted in scores of reported decisions in areas such as business torts, health law, constitutional law, antitrust, corporate governance, employment law, and trusts and estates.

By way of example, our recent experience included representing the Tennessee plaintiffs in the U.S. Supreme Court’s decision in Obergefell v. Hodges, which recognized a constitutional right to marriage equality for same-sex couples nationwide. SRVH also had the distinction of winning what we believe to be the largest appeal (by dollar value) in Tennessee history. Following an adverse verdict, SRVH was hired to replace trial counsel and handle the appeal following a verdict of $150 million involving insurance coverage of the Opry Mills Mall. We obtained a complete reversal of the verdict by the Tennessee Court of Appeals, resulting in not only an elimination of the $150 million verdict but also in recovery in millions of dollars of interest by our clients. Opry Mills Mall Ltd. Partnership v. Arch Ins. Co., 2018 WL 576194 (Tenn. Ct. App. Jan. 26, 2018).

Appellate litigation is a part of our firm’s DNA, dating back to Justice Bill Harbison, Sr., who practiced at this firm after serving for 16 years as a Justice of the Tennessee Supreme Court.   Our former partner Andree Blumstein now serves as the Solicitor General of the State of Tennessee.  A majority of our litigators served as law clerks for appellate judges in the federal or Tennessee courts before joining the firm.  Our appellate practice has been recognized in The Best Lawyers in America and Super Lawyers (Corporate Counsel and Mid-South Editions).

We are skilled in providing strategic advice and guidance during the pre-trial and trial stages of litigation so that important legal issues will be preserved and the client will be best positioned for appeal.  Because we are able to bring fresh ideas and special experience in conceptualizing legal issues for appeal, we are frequently asked to consult on or handle appeals in cases that SRVH did not handle at the trial level.  And because our appellate practice is so highly regarded, we have been asked to file amicus curiae briefs in a number of important cases.