Appellate

JORDEN BURT's appellate practice is national in scope. Our attorneys have extensive experience in the written and oral presentation skills necessary to be effective appellate advocates. JORDEN BURT has developed a national reputation for brief writing at the highest levels. We also recognize the importance of applying appellate experience to procedural and substantive issues during every phase of litigation to maximize our client's position. Moreover, this highly sophisticated team includes some of the leading appellate professionals in the country who are admitted to practice in all federal circuits as well as the U.S. Supreme Court, and who have handled appeals and writs in more than 30 states. Appellate litigation is one of the Firm's foremost areas of special expertise.

The Firm's APPELLATE attorneys offer a full range of services including:

• Appellate strategy and development of an effective theory on appeal

• Brief writing and oral argument
  
  
• Friend of the Court briefs for trade associations and industry groups
  
  
• On-going consultation on complex trials where an appeal is expected

APPELLATE CASE HIGHLIGHTS

• Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (case clarifying limited circumstances in which monetary relief is available under ERISA for breach of fiduciary duty claims).
  
  
• McDonald v. Southern Farm Bureau Life Insurance Company, et al., 291 F.3d 718 (11th Cir.) (case of first impression finding no private right of action may be implied under the Federal Insurance Contributions Act (FICA), 26 U.S.C. § 3101, et seq. in favor of agents and agency managers in national class action against the insurer seeking to recover the employer's portion of FICA taxes based upon an alleged mischaracterization of the agency force as independent contractors rather than employees).
  
  
• Parkhill v. Minnesota Mutual Life Insurance Company, 286 F.3d 1051 (8th Cir.) (affirming summary judgment on all claims in multidistrict class action alleging fraudulent and deceptive marketing practices in the sale of alleged "vanishing premium" life insurance policies; district court's denial of class certification upheld).
  
  
• Bernardinelli v. General American Life Insurance Co., 357 F.3d 800 (8th Cir.) (case clarifying substantive and public policy considerations relevant to enforcement of waiver and release provisions in class action settlements).
  
  
• Gilbert v. Alta Health & Life Ins. Co., 276 F.3d 1292 (11th Cir.) (interlocutory appeal reversing denial of motion to dismiss and holding that plan participant's state law bad faith claim in connection with denial of plan benefits was preempted by ERISA).
  
  
• Adelstein v. Unicare Health Insurance Company, 2002 WL 87035 (11th Cir.) (affirming summary judgment alleging company's misuse of "make whole" doctrine in subrogation claims).