Practice Contact

William E. Quirk
Practice Area Chair
T. 816.374.0575

Appellate Practice

Effective appellate advocacy involves careful judgments about what courts will find persuasive. At Polsinelli Shughart PC, we have substantial, detailed experience with appeals in state and federal courts throughout the country.

Appellate advocacy requires a particular combination of talents that even highly skilled trial lawyers rarely possess. How appellate courts tend to view issues is critical, as is knowledge of developing legal trends. Our attorneys are skilled at crafting persuasive and interesting appellate briefs, and our familiarity with appellate courts helps us evaluate which arguments are best suited to succeed.

The experience our attorneys have presenting written arguments – not always demanded in trial practice – is paramount on appeals. Our oral arguments focus not on rearguing the briefs, but on listening to and addressing judges’ concerns. Our attorneys are frequently consulted during trials on issues that may present appellate problems and they are involved in every appeal generated by the firm's extensive trial practice.

The appellate practice group handles appeals, extraordinary writs and amicus curiae filings on referral from outside counsel and clients. The appellate practice group is ready to handle any or all aspects of an appeal, from consultation on issues and strategy, to post-opinion help with transfer and other discretionary review, or to a complete preparation and presentation of the appeal. Three of the group’s members are former appellate judges who are always available to consult on appeals, even when other group attorneys are handling those appeals.

The firm has broad experience representing both appellants and appellees/respondents in state and federal courts throughout the country. It has worked both to uphold and set aside trial court judgments, including a number of substantial jury verdicts. Since the appellate practice group is regularly involved in appeals generated by the firm’s trial practice, it also has considerable appellate experience in substantive legal areas, including employment matters, health care and medical malpractice, insurance coverage, real estate/zoning, and general commercial litigation.

Notable Experience

Amicus Curiae Filings

Mancuso v. Massachusetts Interscholastic Athletic Association (Massachusetts Supreme Judicial Court 2009) Decision reported at 900 NE.2d 518
Tennessee Secondary School Athletic Association v. Brentwood Academy (United States Supreme Court 2007) Reported at 551 U.S. 291

Employment Cases

Coffer v. Wasson-Hunt (Missouri Supreme Court en banc 2009). Retained after adverse court of appeals opinion. Successfully obtained transfer and reversal of circuit court opinion, thereby reinstating client’s decision to terminate employee. Reported at 281 S.W.3d 308
Jenkins v. KLT (United States Court of Appeals for the Eighth Circuit 2002). Represented appellee corporation in appeal from breach of employment contract judgment in its favor. Judgment affirmed. Reported at 308 F.3d 850

Extraordinary Writs

State ex rel. Parsons v. Board of Police Commissioners (Missouri Court of Appeals 2008). Successfully represented respondent in extraordinary writ proceeding challenging its internal personnel policies. Appeal dismissed. Reported at 245 S.W.3d 851
Bates v. American Polled Hereford Association (Missouri Court of Appeals, Western District 1993. Obtained reversal on behalf of client association of trial court ruling in original proceeding in mandamus. Reported at 863 S.W.2d 350

Health Care/Medical Malpractice

Lee v. Trinity Lutheran Hospital (United States Court of Appeals for the Eighth Circuit 2005). Represented appellee hospital in appeal from summary judgment in peer review matter. Judgment affirmed. Reported at 408 F.3d 1064
Physician #3491 v. North Kansas City Hospital (Missouri Court of Appeals 2001). Represented respondent hospital in appeal on medical privileges revocation issue. Judgment affirmed. Reported at 51 S.W.3d 101
Williams v. Birkeness (United States Court of Appeals for the Eighth Circuit 1994) Represented appellee physician in appeal from court-ordered judgment in medical negligence case. Judgment affirmed. Reported at 34 F.3d 695.

Insurance Coverage

Assicurazioni Generali v. Black & Veatch Corp. (United States Court of Appeals for the Eighth Circuit 2004). Represented appellee corporation on appeal in insurance coverage dispute. Judgment affirmed. Reported at 362 F.3d 1108
Labatt Brewing Co., Ltd. v. Zurich Ins. Co. (New York Supreme Court, Appellate Division 2001). Represented appellee insurance company in coverage dispute. Judgment affirmed. Reported at 281 A.D.2d 363, 723 N.Y.2d 17

Real Estate/Zoning

Moore v. City of Parkville (Missouri Court of Appeals 2005). Represented respondent City on zoning issue. Judgment affirmed. Reported at 156 S.W.3d 384
City of Lake Winnebago v. Gosewisch (Missouri Court of Appeals 1996). Reported at 932 S.W.2d 840. Represented respondent City in annexation case. Judgment affirmed
City of Parkville v. Northern Farms (Missouri Court of Appeals 1997). Represented appellant City in appeal from adverse land use decision. Judgment reversed and remanded with instructions to enter judgment for client. Reported at 950 S.W.2d 882

Setting Aside Judgments

Doran v. Eckold (United States Court of Appeals for the Eighth Circuit en banc 2005). Retained by appellant after unsuccessful trial and initial appeal from $2 million adverse judgment. Obtained rehearing en banc and presented en banc oral argument. Judgment reversed and judgment directed for client in 8-4 opinion; certiorari denied. Reported at 409 F.3d 258
Vaughters v. Blue Cross & Blue Shield of Kansas City (Missouri Court of Appeals 2004). Represented defendant-appellant in appeal from judgment in breach of contract and breach of fiduciary relationship suit. Court reversed $2.5 million punitive damages award. Case settled and opinion withdrawn
Davolt v. O’Reilly Automotive, Inc. (United States Court of Appeals for the Eighth Circuit 2000). Represented appellant employer and ERISA plan administrator in medical coverage dispute with employee/beneficiary; obtained reversal on appeal and entry of judgment in defendant’s favor. Reported at 206 F.3d 806
Transit Casualty Co. v. Selective Ins. Co. (United States Court of Appeals for the Eighth Circuit 1998). Represented appellant reinsurer against an insolvent insurance company in a reinsurance contract dispute. Judgment reversed in part, allowing the client to take claimed offsets against the insolvent insurer. Reported at 137 F.3d 540
Bowman v. Western Auto (United States Court of Appeals for the Eighth Circuit 1993). Obtained reversal for appellant after obtaining 28 U.S.C. § 1292(b) certification on appeal in civil RICO action brought by employee; judgment entered for client on appeal. Reported at 985 F.2d 383

Upholding Trial Judgments

H&R Block v. America Online, Inc. (Missouri Court of Appeals 2004). Successfully represented respondent on appeal. $20 million verdict affirmed in full. Reported at 148 S.W.3d 878
Central Telecommunications v. TCI Cablevision (United States Court of Appeals for the Eighth Circuit). Successfully represented appellee on appeal. $35 million judgment affirmed in full. Reported at 800 F.2d 711
Anuhco v. Westinghouse (Missouri Court of Appeals 1994). Represented plaintiff-respondent on appeal. $70 million verdict affirmed. Reported at 883 S.W.2d 910

News

July 28, 2010

FOCUS St. Louis Selects Polsinelli Shughart Attorney Matthew Hans as a Member of its 2010-2011 Leadership St. Louis Class