Appellate Practice
RP has a thriving federal and state appellate practice. The majority of RP lawyers began their legal careers as judicial law clerks in United States Courts of Appeals, the Colorado Supreme Court and Court of Appeals, and federal and state trial courts. Collectively, RP's lawyers have briefed and argued hundreds of federal and state appeals.
RP's experience allows it to provide clients with candid and accurate assessments of the appellate process and the prospects for overturning or defending a lower court judgment. Attorneys outside the firm regularly consult RP, both formally and informally, on matters of appellate procedure and strategy. RP does not win every appeal - no firm does - but it seeks to maximize the prospects for appellate success through careful review of the record, thorough analysis of the law, and strong briefing and oral argument.
RP handles both civil and criminal appeals. Those appeals have involved precedent-setting issues of constitutional and statutory interpretation, fights over control of football and media franchises, multi-million dollar judgments, and fundamental principles of criminal justice.
Recent appeals handled by RP include the following:
- Kaiser v. Bowlen, 455 F.3d 1197 (10th Cir. 2006). RP represented Pat Bowlen in successful cross-appeals regarding control of the Denver Broncos football franchise. The Tenth Circuit affirmed the aspect of the federal trial court judgment favorable to Mr. Bowlen and reversed the aspect unfavorable to him, resulting in a complete victory in protracted federal litigation. RP currently is representing other members of the Bowlen family in a related appeal defending a state court judgment giving preclusive effect to the Tenth Circuit ruling. Kaiser v. Bowlen, No. 07-CA-746 (Colo. App. 2007).
- Federal Trade Commission v. Foster and Western Refining Co., 2007 WL 3023158 (10th Cir. 2007). RP was retained on appeal to represent the principals in a proposed oil company merger challenged by the FTC. The Tenth Circuit held that the FTC was unlikely to succeed in its antitrust challenges and denied the FTC's request for an injunction pending appeal. The merger closed and the FTC thereafter abandoned its appellate and administrative challenges.
- Seven Up Pete Venture v. Governor of the State of Montana, No. 06-35384 (9th Cir. argued Nov. 7, 2007). RP represents a mining company and other plaintiffs in a federal takings claim raising novel and difficult issues of sovereign immunity and constitutional law. The case arises from an unprecedented state initiative that was considered by the Montana Supreme Court in 114 P.3d 1009 (Mont. 2005).
- Maxwell v. Kerr McGee, No. 07-1193 (10th Cir. 2007). RP is handling the appeal of the district court's reversal of a $7.5 million judgment in a landmark False Claims Act case.
- Meehan v. American Standard (Trane) Co., No. 07-4181 (6th Cir. 2007). RP successfully represented The Trane Company in resisting an injunction pending appeal that would have prevented termination of a franchisee. The appeal thereafter was dismissed.
- McCarthey v. Media NewsGroup, 494 F.3d 1254 (10th Cir. 2007); and Salt Lake Tribune Publishing Co. v. AT&T Corp., 320 F.3d 1081 (10th Cir. 2003). These related appeals involved protracted federal litigation over the ownership of Salt Lake City's largest newspaper.
- United States v. Flanders, 491 F.3d 1197 (10th Cir. 2007). RP represented a former Oklahoma City bank owner in an appeal that resulted in reversal of one conviction and reversal of the overall sentence.
- Hoang v. Monterra Homes, 129 P.3d 1028 (Colo. App. 2005), rev'd in part, 149 P.3d 798 (Colo. 2007). RP was retained to appeal a multi-million dollar garnishment judgment. The appeals involved several first-impression issues of insurance coverage law, and ultimately resulted in overturning much of the judgment.
- Enfield v. Old Line Life Ins. Co., 98 P.3d 1048 (N.M. App. 2004). RP handled the appeal of a nationwide class certification order that was affirmed in part and reversed in part.