Exceptionally Qualified to Handle State and Federal Appeals
An appeal is an extension of the trial process. However, it requires a slightly different skill set. We often notice firsthand the competitive advantage of working with a dedicated Ohio appellate lawyer over using trial counsel. Our clients have the edge over opposing parties who use their trial counsel, fall prey to procedural pitfalls, and emphasize the wrong arguments.
In addition to representing our own clients on appeal when necessary, other lawyers and law firms often engage our firm to represent their clients on appeal. We offer exceptional representation in Ohio and federal appeals, particularly before Ohio’s First District Court of Appeals, the Supreme Court of Ohio, and the Sixth Circuit.
Leadership in Ohio Appellate Practice
Our Ohio appellate attorneys maintain deep roots in the appellate legal community.
Alex J. Durst has continuously served as Chair of the Cincinnati Bar Association’s Appellate Practice Group since 2018, after joining the group in 2014 and serving as Secretary from 2016 to 2018. In this capacity, Alex works closely with the Judges, Staff Attorneys, and Administrators of the First District Court of Appeals to organize CLEs, update the legal community on local rule changes, court updates, and other developments in the First District, and put on events bringing together the appellate bar and bench.
Alex also emcees and presents at the Biennial Appellate Practice Group CLE, which typically includes a panel discussion featuring all six First District Judges. Alex was also appointed by the First District to its local rules committee in 2018 and to its pro bono committee in 2023.
Our record of successful appellate advocacy includes:
Won reversal by the United States Supreme Court in a qui tam matter. The decision paves the way for a potential damages award of over $2 Billion.
Argued and won precedent-setting case before the Supreme Court of Ohio involving the right of indigent defendants to effective assistance of counsel after being chosen to represent the Defendant on appeal.
Won multiple family law appeals, including a complete “180-degree reversal” of a child custody decision awarding custody of child to biological father, resulting in an immediate award of custody to clients (the child’s long-standing foster parents) after being retained to represent clients on appeal.
Successfully defended liability determination in multi-million dollar payments industry dispute.
Obtained reversal of partial summary judgment decision on behalf of Plaintiff in consumer law matter.
Argued in the Massachusetts Appeals Court in case of first impression involving the application of Massachusetts’ Saving Statute, G. L. c. 260, § 32.
Adept at Navigating Procedural Issues on Appeal
Procedural issues that present in the course of an appeal can be nerve-wracking, especially to a lawyer who does not typically handle appeals. Questions arise such as whether the judgment at issue is “final and appealable,” whether collection efforts may occur during the pendency of an appeal, whether a stay of execution is available (and if so, the likelihood of success, whether a request can be made on an emergency basis, and whether a bond must be posted), and what to do if a Rule 60(B) motion or other unresolved matter remains pending in the trial court.
The attorneys at Durst have considerable experience navigating these and other complicated issues.
We are highly knowledgeable regarding:
- Securing the right to an appeal in Ohio state courts and the Sixth Circuit Court of Appeals
- General motion practice
- Seeking (or challenging) a stay pending appeal, including on an emergency, ex-parte basis
- Litigation of nuanced “final and appealable” order issues
- Ohio Supreme Court practice, including seeking the Court’s acceptance of a jurisdictional appeal, seeking a stay of an intermediate appellate court’s decision, motion practice, briefing, and oral argument
Our Appellate Services
At Durst, we handle all aspects of the appeals process for our clients and offer comprehensive appellate services as local counsel to out-of-state trial firms. More so, our appeal lawyers in Ohio are often hired at the trial level before an appeal has been filed.
Our appellate advocacy includes, but is not limited to: assisting trial counsel with preserving issues for appeal, ensuring procedural requisites for an appeal are satisfied, and drafting post-trial motions in anticipation of an appeal; developing appellate strategy, including the selection of issues to raise on appeal, the framing of legal arguments, and the most effective presentation of the client’s case; preparing and drafting persuasive appellate briefs; and preparing and executing oral arguments.
Contact Durst’s Appellate Attorneys.
If you need an appellate attorney for an Ohio case, call Durst Kerridge Khatskin at (513) 621-4999 to discuss your options.
