Briefing & Appeals

At Cooper Masterman, our Briefing and Appeals practice stands at the forefront of legal excellence, providing clients with unparalleled representation in complex legal matters and appellate litigation. Our team of seasoned appellate lawyers possesses the expertise and strategic acumen necessary to navigate the intricacies of higher court proceedings, ensuring that our clients receive the highest quality of legal advocacy.

Issue Identification and Strategy

We excel in identifying and strategically addressing significant legal issues that arise during litigation. Our attorneys are adept at analyzing intricate legal questions and formulating comprehensive strategies to effectively manage these issues. This proactive approach ensures that potential challenges are addressed head-on, mitigating risks and laying the groundwork for successful outcomes.

Appellate Practice

Our appellate practice is renowned for its success in both state and federal appellate courts, including the United States Supreme Court and the US Courts of Appeals. We represent clients in appealing adverse lower court decisions and defending favorable rulings on appeal. Our lawyers meticulously review trial records, conduct thorough legal research, and craft compelling arguments that resonate with appellate judges.

Complex Legal Questions

We specialize in tackling nuanced and complex legal questions that have broader implications for the law and public policy. Our team is committed to providing detailed legal analysis and research, ensuring that our clients’ positions are robustly supported by the most relevant and persuasive legal precedents.

Brief Writing

A cornerstone of our legal work is the preparation of detailed and persuasive briefs. Our attorneys are skilled in drafting well-structured legal arguments that clearly articulate our clients’ positions. These briefs are instrumental in persuading appellate courts to recognize and rectify legal errors made in lower courts.

Oral Arguments

In addition to our written advocacy, we excel in presenting oral arguments before appellate courts. Our lawyers possess exceptional advocacy skills, enabling them to effectively communicate and defend our clients’ positions during rigorous questioning by judges. This dual capability in both written and oral advocacy sets us apart in the field of appellate litigation.

Proven Track Record

Cooper Masterman has a proven track record of success in high-stakes appellate cases. We have been involved in some of the most significant appeals in the country, securing favorable outcomes for our clients and shaping important legal precedents. Our experience spans a wide range of legal areas, including constitutional, regulatory, and commercial disputes. Some of the notable cases the lawyers at Cooper Masterman have handled include:

United States Supreme Court

• General Dynamics Corp. v. United States, 563 U.S. 478: Improper Termination of a $4.8B contract to build a carrier-based attack plane
• United States v. Winstar Corp., 518 U.S. 839: Government Breach of Contract – Acquisition of Failed Savings & Loans
• Am. Life & Cas. Ins. Co. v. Trostel, 519 U.S. 1104: Long Term Commercial Lease
• FEC v. NRA Political Victory Fund, 513 U.S. 88: Alleged Campaign Contribution Regulations Violation
• S. Cent. Bell Tel. Co. v. Alabama, 526 U.S. 160: Challenge to Alabama’s State Corporate Franchise Tax
• Am. Legion v. Am. Humanist Ass’n, 139 S. Ct. 2067: WWI Memorial – Establishment Clause
• Bowen v. Am. Hosp. Ass’n, 476 U.S. 610: Secretary of DHHS Challenge to the Rehabilitation Act
• Cisneros v. Alpine Ridge Grp., 508 U.S. 10: Breach of Contract – Low Income Housing
• King v. Burwell, 135 S. Ct. 2480: Challenge to the IRS’s interpretation of the Affordable Care Act
• McDonnell v. United States, 136 S. Ct. 2355: Bribery Conviction
• Comm’r of Internal Revenue v. Banks, 125 S. Ct. 826: Taxability of Contingent Attorney Fees
• FCC v. Nextwave Pers. Commc’ns, Inc., 537 U.S. 293: FCC Revocation of Nextwave’s wireless licenses
• Moreau v. Klevenhagen, 508 U.S. 22: Fair Labor Standards Act
• New York v. FERC, 535 U.S. 1: Jurisdiction of the FERC over Retail Electricity

United States Court of Appeals

• In re: Blue Cross Blue Shield Antitrust Litigation, MDL 2406: Upholding a record $2.7 billion settlement in antitrust MDL.
• Durham v. Carrington: Duke Lacrosse Rape Hoax Scandal
• Rosen v. Goetz, 410 F.3d 919: State of Tennessee – Medicaid Program Challenges
• American Capital Corp. v. United States, 66 Fed. Cl. 315: US Government Breach of Contract
• Citizens Federal v. United States, 66 Fed. Cl. 179: Government Breach of Contract
• Coast Federal Bank, FSB v. United States, 323 F.3d 1035: Winstar Government Breach of Contract
• Air Canada v. Department of Transportation, 148 F.3d 1142: Miami Airport Terminal Cost Allocation
• Alvarez-Machain v. United States, 260 F.3d 1045: Director of the DEA Sued by Mexican Narcos
• Ford Motor Co. v. United States, 286 F.3d 1335: Improper Assessment of Import Duties
• N.Y. Life Ins. Co. v. United States, 190 F.3d 1372: Medicare Secondary Payer Statute
• Novell, Inc. v. Microsoft Corp.: Microsoft Anti-Competitive Behavior
• Pharm. Research & Mfrs. of Am. v. Thompson, 362 F.3d 817: State of Michigan Drug Rebate Program
• Transohio Sav. Bank v. Dir., Office of Thrift Supervision, 967 F.2d 598: Challenge to Regulatory Capital Requirements
• Delta Air Lines, Inc. v. Dep’t of Transp., 51 F.3d 1065: Contesting DOT Airline Route Awards
• United Techs. Corp. v. FAA, 102 F.3d 688: Records Withheld by the FAA

Contact Us

If you are facing complex legal issues, require expert briefing capabilities, or considering an appeal, Cooper Masterman is here to help. Our expertise in Briefing and Appeals ensures that you have the best possible representation. Contact us today to learn more about how we can assist you.