Appellate Litigation

McCarter’s appellate group includes experienced advocates who regularly appear before state supreme and appellate courts and federal circuit courts around the country. Our team is led by a former Associate Justice of the New Jersey Supreme Court and includes the former Federal Chief Judge of the District of New Jersey as well as dozens of lawyers who served as law clerks for state or federal appellate judges and justices.

Our deep bench of talent provides service in a number of areas, including:

Strategic assistance to trial teams on record development and issue preservation
Strong written and oral advocacy in appellate matters as well as support with dispositive and other significant motions before trial courts
Refinement of arguments and full preparatory assistance to appellate advocates within our firm and on a consultative basis to other lawyers

We have experience in all federal appellate courts as well as numerous state appellate courts. Our appellate team handles appeals involving a wide range of matters including, product liability, real estate, tax, insurance, bankruptcy, white collar, and intellectual property, among others. We work with clients throughout the litigation process, supporting trial teams so critical appellate issues are identified at the earliest possible stage and records are best positioned for any subsequent appeal. Clients benefit from our lawyers’ oral and written advocacy skills in a wide range of appellate services, including crisp, strategically focused briefing and oral argument, advice on appellate procedural strategy, emergent and interlocutory appeals, mock trials, and preparatory moot arguments, as well as integrated assistance with significant motions in major litigation.

Cases are often referred by other lawyers who recognize the unique skillset that our experienced advocates bring to the table, or who seek to consult with our lawyers and appellate team for mooting of counsel in preparation for oral argument at any stage of significant litigation. We also appear as amicus curiae on behalf of organizations to bring a voice to issues that may significantly impact clients’ industries.

Lead trial and appellate counsel in taxpayer’s challenge to the Town’s assessment of its real property for purposes of taxation. The trial court reduced the valuation of the property by more than $36 million, resulting in significant tax savings for the client. The court’s decision was upheld on appeal. Digital 60 & 80 Merritt LLC v. Board of Assessment Appeals, 211 Conn. App. 559, cert. denied, 343 Conn. 926 (2022).

Obtained a favorable ruling for the bankruptcy trustee of a national provider of claims management services to the insured and self-insured market from the Third Circuit Court of Appeals, upholding a decision by the US District Court for the District of Delaware that the bankruptcy court did not err in granting a settlement agreement between the trustee and the former owners and chief executive offices of the debtor after a contested settlement approval hearing.

Successfully defended a construction company against various claims, including violation of the New Jersey Consumer Fraud Act, breach of contract, theft, and unjust enrichment on grounds of preclusion. The District Court granted our motion to dismiss and the decision was affirmed by the Third Circuit.

As counsel to several health care and business groups appearing as amici curiae, successfully handled significant products liability appeals, convincing the New Jersey Supreme Court that labels on the acne drug Accutane were adequate under New Jersey law, and that the state should adopt the Daubert factor-based approach for determining the admissibility of expert testimony. In the latter landmark case, which altered New Jersey law on expert testimony admissibility, the Supreme Court’s decision relied upon and cited McCarter’s argument. Also successfully briefed and argued in another appeal that New Jersey’s two-year statute of limitations should apply in products cases involving a prescription medicine.

Secured an appellate victory on behalf of Overstock.com in the Delaware Supreme Court in a unique case involving Delaware escheat law and a qui tam action. The Court, sitting en banc, unanimously reversed a multi-million dollar false claim judgment entered against Overstock.com.

Affirming the Appellate Division of New Jersey Superior Court’s complete dismissal of a $25 million lawsuit brought by an asset-based lender against our client, a mail-order retailer.

Represented a global insurance broker in a multi-million dollar lender-placed insurance class action in federal court. The United States District Court for the District of New Jersey dismissed the action on the grounds that the filed-rate doctrine barred the plaintiffs’ claims. On appeal, the United States Court of Appeals for the Third Circuit, addressing an issue of first impression in that court, affirmed the trial court’s ruling by a unanimous published decision.

Represented an industry organization appearing as amicus curiae before the New Jersey Supreme Court in an appeal of a mortgage foreclosure action where the borrower argued that, under a provision of New Jersey's Uniform Commercial Code, the assignee of the mortgage could not foreclose because the original note had been lost prior to the assignment. Addressing an issue that had divided courts in other jurisdictions, the New Jersey Supreme Court unanimously adopted the position advanced in the amicus brief, holding that, notwithstanding the loss of the note, the assignee could bring the foreclosure action consistent with New Jersey statutes and common-law principles governing the assignment of mortgages.

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