HeplerBroom

Appellate

We apply our appellate skills to aid trial teams, leverage interlocutory appeal options throughout a case, and succeed on appeal after final disposition.  We handle appeals in Illinois, Indiana, and Missouri state supreme and courts of appeal.  Our attorneys have also appeared before the U.S. Supreme Court and the U.S. Courts of Appeals for the Seventh, Eighth, Ninth, Tenth, and District of Columbia Circuits. This breadth of experience speaks to the trust that the firm’s clients consistently place in our firm’s appellate lawyers.

The firm’s appellate and critical motions team is an accomplished regional practice group that manages dispositive motions, trial monitoring, post-trial matters, and appeals across the Midwest. In the past year alone, we’ve secured significant wins before the Illinois Supreme Court, the U.S. Court of Appeals for the Seventh Circuit, the U.S. Court of Appeals for the Eighth Circuit, multiple districts of the Illinois Appellate Court, and the Missouri Court of Appeals.

 

Broad Experience Across High-Stakes Matters

Our appellate lawyers have successfully represented clients in appeals on behalf of major municipalities, public institutions, and Fortune-ranked companies. We’re frequently enlisted in high-exposure matters—from wrongful-death, catastrophic-injury, and toxic-tort litigation to complex commercial disputes and insurance defense. Our longstanding relationships within state and federal appellate communities give us practical insight into how arguments are received, and we routinely conduct internal moot courts to refine every presentation.

 

A Distinctive Approach to Appellate Advocacy

What sets our appellate and critical motions team apart is our belief that winning on appeal requires more than rigorous legal analysis. Successful appellate advocacy also demands compelling storytelling—an ability to transform a record into a narrative that not only presents powerful legal arguments but also resonates emotionally with appellate justices. Because trial counsel is often too close to the case, our appellate lawyers bring a fresh, strategic perspective—whether we handled the trial ourselves or are brought in afterward—identifying the factual and legal issues with the highest likelihood of success and crafting briefs that illuminate the case in a new light.

 

Amicus, Emergency, and Alternative-Resolution Capabilities

Clients regularly retain us to prepare amicus briefs in appellate courts, as well as to undertake emergency appellate litigation. We also have a strong record of mediating and settling multi-million-dollar disputes on appeal.

Davis and Insler Prevail Once Again in Casino Gaming License Case
Davis and Insler Prevail in Illinois Supreme Court Decision in Casino Licensing Case
Missouri Court of Appeals Affirms Summary Judgment for Property Owner Represented by Varadachari and Roman
Oldenburg and Boeckman Part of Litigation Team that Secures Confirmation from Illinois Supreme Court of Immunity for Healthcare Facilities and Providers During COVID-19 Pandemic
Bousquet and Roman Secure Appellate Court Decision on Contract Dispute over Right of First Refusal
Wilson and Elworth Secure Appellate Ruling Affirming Jury Verdict for HeplerBroom’s Utility Client
Meadows Secures Appellate Victory for Developer and Contractors
Appellate Court Affirms Summary Judgment in HeplerBroom Case with International Dimensions
Illinois Appellate Court Upholds HeplerBroom Clients Right to Recover Attorney Fees
Bringing Home the Bacon: HeplerBroom Clients Receive $2.5 Million Fee Award
Environmental Attorneys Secure Important Legal Precedent for Farmers
Lytle Obtains Affirmation of Summary Judgment
Insler Secures Pro Bono Victory in Eighth Circuit Court
Missouri Appellate Court Reverses and Vacates Talc Judgment
Moch Argues Case before Illinois Supreme Court
Wilson, Murphy, and Galanos Win Appeal in the Fourth District
Noce, Bauer, and Kellett Help Obtain Favorable Judgments from Missouri Court of Appeals on Innovator Liability Issue
Noce and Mueller Secure Judgment for Client
Champlin Wins Appeal at Illinois 5th District Appellate Court for Illinois Power Company
Davis and Moore Prevail in Appeal to U.S. Court of Appeals for Eighth Circuit
Bozarth Obtains Favorable Opinion in Illinois Appellate Court
Wilson and McCormick Prevail in Appeal in Seventh Circuit
Dede Zupanci Prevailed Before Fourth District Court of Appeals
Kowert And Deterding Prevail Before Illinois Fifth District Court Of Appeals
Reda Obtained Summary Judgment, Affirmed on Appeal

News

Dmitrieva Contributes Amicus Brief in Successful Illinois Supreme Court Reversal
Bozarth Attends Global Insurance Summit

Events

Dmitrieva Speaking at Seminar on Writing an Effective Brief
Melton to be Presenter at Advanced Appellate Practice Seminar

Publications

Dmitrieva and Hanson Publish Appellate and Supreme Court Watch Columns for IDC Quarterly
HeplerBroom Attorneys Pen Feature Articles for State Attorney Defense Association
Insler Authors Article on Persuasive Appellate Motions
Five HeplerBroom Attorneys Publish Features, Articles, and Columns for Illinois Defense Counsel’s Professional Journal
Dmitrieva and Libbra Published in State Defense Association Journal
HeplerBroom Attorneys Discuss Appellate and Medical Malpractice Cases in IDC Quarterly
HeplerBroom Attorneys Publish Columns for IDC Quarterly
Supreme Court Reaffirms Strict Limits of Federal Jurisdiction in Removed Cases
Seventh Circuit Affirms Discovery Sanctions Leading to Summary Judgment
Circuit Court Revested with Jurisdiction the Date the Appellate Court Issues Mandate—Even if Circuit Court Clerk Fails to File It
Indiana Court of Appeals Tackles “Something More” in Personal Jurisdiction in Talc Litigation
Illinois Appellate Court Rules on Sole Proximate Cause Jury Instruction
Missouri Appellate Court Examines Requirements for Insurers Regarding Notice for Non-Renewal of Policies
Tips for Building a Successful Defense Against Exceptions to Illinois’ Moorman Doctrine
Insurance Industry Impact: Will Tariff Uncertainty Revolutionize Risk Reviews?
Only Exceptional Circumstances Allow Attorneys to be Sued by Non-Clients for What Attorneys Did on Behalf of Their Clients
Illinois Appellate Court Reviews Effort to Circumvent 10-Year Statute of Repose for Construction Projects
Illinois Appellate Court Examines a Duty to Others in an Operating Room
A Missouri Insurer’s Right to Intervene: The Seminal Case of McCrackin and Its Early Treatment in Federal Court
Does the Availability of Remote Court Proceedings Nullify Illinois’ Intra-State Forum Non Conveniens Doctrine?
An Attorney’s Guide to Preparing Briefs for Missouri Appellate Courts
Contracts and Indemnification: Appellate Court Clarifies What’s Needed for Indemnification to be a Valid Part of a Contract
Appellate Court Upholds Summary Judgment in Favor of General Contractor on Issue of Retained Control
Retention Pond Is Open and Obvious Danger for Which Property Owners Owe No Legal Duty to Unsupervised Child
Chevron Deference Overturned by U.S. Supreme Court
Understanding the Innocent Insured Doctrine: A Legal Perspective
Jaywalking— or a Dangerous Condition of Public Property?
Appellate Court Upholds Illinois Coal Ash Regulations
Law Enforcement Liability for Failing to Perform Statutory Duties in Domestic Violence Situations
Illinois Supreme Court Reverses Narrow Tort Immunity Exception for Bicyclists Previously Given by First District
Diminishing the Requirement for Causation Experts
California Appellate Court Muzzles Corporate Representative Testimony
Illinois Courts’ Treatment of Google Earth Images as Admissible Evidence
Missouri Redaction Actions: A New Wilderness for Counsel and The Public
Oh Snap! Fast-Acting Defendants Circumvent the Forum Defendant Rule
From Metaphor to Reality? NCAA Athletes Might Become Your Favorite College’s New Employees
Old Standards Die Hard: MHRA Pre-Amendment “Contributing Factor” Standard Allowed for Harassment Claim Based on Events Before and After MHRA Amendment
Child Riding Bicycle on Residential Street Not “Intended User” and Village Entitled to Immunity
Seventh Circuit Releases Two New Personal Jurisdiction Cases
Can a Discovery Dispute Lead to Extraordinary Intervention by the Illinois Supreme Court? Usually Not; That’s Why it is Extraordinary
Sovereign Immunity Extends to Formerly Private Entities Now Owned by the State
Missouri’s Prompt Pay Act Provides for Simple Interest as Penalty for Failure to Pay
Quiroz v. Chicago Transit Authority: An Illinois Supreme Court Analysis Regarding the Duty of Care
Illinois Appellate Court Rules Policy Exclusion Clause Does Not Apply: Insurer Had Duty to Defend and Indemnify
Local Governments and Cyclists Take Note: First District Limits Recent Exception to Tort Immunity Act
First District Creates Narrow Exception to Tort Immunity Act
Seventh Circuit Gets Specific about Non-Specific Defect Theory
Appellate Court Finds Lack of Jury Trial Insufficient Reason to Set Aside Judgment Due to Untimely Challenge
Illinois’ 2022 Employment Law Changes
Missouri Appellate Court Reaffirmed Owned-Vehicle Exclusions in Uninsured Motorist Coverage
Co-Employee Immunity Under Workers’ Compensation Act in Light of New Missouri Supreme Court Opinion
Illinois Supreme Court Allows Plaintiff to Redesignate a 213(f)(3) Controlled Expert to 201(b)(3) Consultant During Discovery
Prejudgment Interest Legislative Developments in Illinois: The Prejudgment Interest Ball is Back in Governor Pritzker’s Court
What’s in a Name? The Importance of Defining Your Client’s Role in Insurance Procurement Matters
Illinois HB 3360 Would Increase Pre-Judgment Interest to Personal Injury Plaintiffs
Defense Verdict Reversed on Appeal Following Closing Argument Comments
Vehicle Infotainment System Data Cannot be Overlooked
Illinois Appellate Court Ruling on Forum Non Conveniens Venue Transfers
Takin’ It To The Street: Facts and Evidence in Summary Judgment Motions
Don’t Flip Out: When Using Exhibits at Trial, How Far Does the Plaintiff’s Expert Have to Go to Show Substantial Similarity?
Could the Illinois Biometric Information Privacy Act (BIPA) Have a One-Year Statute of Limitations?
“Testing the Waters” Theory Doesn’t Always Hold Water in the Fifth District
Environmental Attorneys’ Amici Briefs Get It Right
Missouri Court of Appeals Hands Down Reminder that Not All Remedial Measures are Inadmissible
Coverage Implications When An Insured Fails To Appear For An Examination Under Oath
Does Simply Refiling a Case Under the Old Case Number Meet the Statutory Requirement of Commencing a New Action?
Forum Selection Clause: Motion to Transfer or Motion to Dismiss?
Missouri Legislature Turns Eyes to Punitive Damages
The Personal Representative of a Disabled Individual Will Now Reap the Benefit of a Longer Statute of Limitations
Stupidity Doesn’t Pay
Missouri Gov. Parson Enacts Tort Reform Significant to Litigation and Trial Practice
Fee Shifting Provision of Illinois Nursing Home Care Act: Insight into Appellate Court’s Potential Interpretations
Illinois Passes New Environmental Legislation in Spring 2019 Session
Responding to Personal Jurisdiction Discovery after Daimler
Excluding Evidence of Medical Malpractice Lawsuits Filed against Experts Testifying in Medical Malpractice Cases
Illinois Supreme Court has Opportunity to Clarify Fiduciary Duties Owed by Insurance Producers to Clients
Illinois Appellate Court Permits Insured to Prove Terms of Missing Policies with Specimen Coverage Forms for the Missing Policy Periods
Self-Serving Pleadings for Additional Insureds
What’s in a Name? Missouri’s Constitutional Prohibition Against Negligence-Based Claims Arising out of Alleged Sexual Misconduct of Clergy: Who Exactly Qualifies as Clergy?
Read Your Insurance Policy Carefully: Insured Bound to Terms of Policy Despite Alleged Representations by Insurer’s Agent
Missouri Appellate Court Finds Ambiguity in Anti-Stacking Provision, Allows Stacking of Limits of Liability in Four Separate Auto Liability Policies
Be Careful What You Say: Insurer Estopped from Asserting Coverage Defenses Based on Agent’s Representations
Developments in Judicial Estoppel following Seymour v. Collins
Changes to Law Governing the Value of Plaintiffs’ Medical Bills and the Collateral Source Rule
The Three-Part Guide to Understanding the Implications of the Amended Federal Rules of Civil Procedure: Part III
The Three-Part Guide to Understanding the Implications of the Amended Federal Rules of Civil Procedure: Part III
The Three-Part Guide to Understanding the Implications of the Amended Federal Rules of Civil Procedure: Part II
Consider It (Not) A Deal: Whether offering "continued" or "new" employment, an offer for "at-will" employment is insufficient consideration to form a contract
Lessons from a Deposition: Insight into One Plaintiff’s Counsel’s Strategy for Establishing Broker Liability
No New Math Here: A Recent Illinois Supreme Court Decision Clarifies that “Causal Nexus” ≠ Causation in Retaliatory Discharge Actions
Get in that Chicken Suit! The Role of Facts Outside the Court Record in Appellate Review
Commercial Cleaning Franchisor Sweeps Up Rico Claims -- Arbitration Provision and Class-Action Waiver Clause Valid and Enforceable by Nonsignatories
United States Court of Appeals for the Seventh Circuit Reverses Class Certification for Failure of the District Court to Perform a Rigorous Analysis Before Finding Predominance
SCOTUS Charts Path for Forum Selection in Federal Courts