Constangy’s appellate practice group members have extensive experience prosecuting and defending appeals to the federal and state courts of appeals, as well as the United States Supreme Court. Appellate practice is an art, not a science, and we treat every appeal as unique and important, always striving to find the arguments and issues that will attract the attention of busy appellate judges. Here is just a sample of the appeals our attorneys have handled.

  • Represented car rental company before the United States Supreme Court, obtaining unanimous reversal of Ninth Circuit Court of Appeals decision and establishing uniform test for determining a corporation’s principal place of business for purposes of diversity jurisdiction.
  • Represented poultry processor before United States Supreme Court in case involving agricultural status of farm employees under the National Labor Relations Act.
  • Wrote amicus brief on behalf of state of Alabama in landmark Supreme Court case, seeking reversal of Florida Supreme Court decision involving 2000 presidential election issues. Supreme Court vacated Florida Supreme Court decision, leading to certification of election results.
  • Represented nursing home before D.C. Circuit Court of Appeals, obtaining landmark reversal of two-member NLRB decision on statutory quorum grounds. Five other courts of appeals upheld two-member Board decisions, but United States Supreme Court ultimately agreed with D.C. Circuit and arguments we advanced on behalf of client.
  • Represented South Carolina governor and secretary of state before 4th Circuit Court of Appeals, obtaining reversal of district court decision holding state dues-deduction legislation unconstitutional. Fourth Circuit agreed with our argument that the subjective motives of the legislators were irrelevant and that district court should not have permitted testimony from individual legislators regarding intent.
  • Represented medical university before 4th Circuit Court of Appeals in ADA case involving question of first impression; court agreed with our argument that schools are entitled to substantial deference in determining the qualifications of students and the potential for reasonable accommodation.
  • Represented pharmacy services company before California appellate courts, obtaining decision holding for the first time that certain state civil penalty provisions violated the state and federal constitutions.
  • Represented car rental company before 3rd Circuit Court Of Appeals, obtaining reversal of NLRB decision requiring company to furnish certain information to union.
  • Represented cable manufacturer before 4th Circuit Court of Appeals, obtaining reversal of NLRB decision finding strike to be an unfair labor practice strike.
  • Represented large aerospace company before 8th Circuit Court of Appeals, obtaining reversal of federal district court decision requiring company to arbitrate discharge of supervisor. Eighth Circuit agreed with our contention that dispute was outside scope of collective bargaining agreement and not arbitrable.
  • Represented automotive supplier before 7th Circuit Court of Appeals, obtaining an affirmance of favorable district court decision holding that company did not violate collective bargaining agreement by closing union plant and transferring work to nonunion facility.
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