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APPELLATE LAW

 

The appellate lawyers at Friday, Eldredge & Clark use significant experience in appellate advocacy to get results. Knowledge of the appellate courts and their opinions, and careful development of issues over many different types of appeals, are among the strengths of our lawyers practicing in this area. Because we bring a special focus to possible appellate challenges at the motions and trial stages of the case, we can lay the foundation for review on appeal in the most complex cases. We can also help spot and frame issues for appeal even after judgment has been entered. Whether defending the trial-court result or challenging it, our appellate experience is unparalleled in the market.

Focused on Clients

  • Healthcare providers
  • Insurance carriers
  • Railroads
  • Transportation companies
  • Manufacturers
  • Retailers
  • Businesses
  • Individuals

Focused on Services

Primary Party Appeals - Our team has successfully handled appeals before the Arkansas Supreme Court, the Arkansas Court of Appeals, the United States Court of Appeals for the Eighth Circuit, and other state and federal appellate courts.

Amicus Curiae, Friend of the Court - Our appellate lawyers are frequently called on to file amicus curiae, or friend of the court, briefs in matters pending before the Arkansas Supreme Court addressing significant, far-reaching legal issues. The federal district courts in Arkansas follow the practice of certifying Arkansas state-law questions to the Arkansas Supreme Court for resolution. If our firm is not directly involved in the federal court case, these certifications are an opportunity for us to present a client’s views on important legal questions. We have done this on behalf of business and trade associations.

Litigation Capabilities - Because the skills that make a good appellate lawyer are frequently critical at the trial level, our firm’s appellate team has an active litigation practice. In trial courts and before arbitration panels, members of the group regularly brief and argue pre-trial and post-trial motions. We consider appellate issues at the start of each case, identifying possibilities for error or prejudice, laying the foundation for legal arguments and preserving issues for review on appeal. This exceptional combination of trial and appellate experience places an unusually balanced legal perspective at your service. It includes the ability of one of our lawyers to handle both the trial and the appeal, or to work as a member of your trial team and identify issues for appeal should the outcome of your case dictate one. Our appellate team can also examine your trial record and quickly grasp the key issues on which to base an appeal after judgment has been entered.

Focused on our Team

Your appeal will be handled by a highly regarded appellate team who are widely considered to be among the leading appellate lawyers in Arkansas. Members of the team are recognized for their litigation and arbitration practice by Best Lawyers, Chambers USA and Mid-South Super Lawyers. U.S. News – Best Lawyers “Best Law Firms” ranks the firm’s regional appellate practice in the highest tier group. In addition, two members of the team are co-authors of the Arkansas Bar Association's publication Handling Appeals in Arkansas. 

Focused on Results

  • Union Pac. R.R. v. Vickers, 2009 Ark. 259, 308 S.W.3d 573 (Successful reversal of class certification in action alleging unauthorized practice of law and violation of the Arkansas Deceptive Trade Practices Act)
  • Richardson v. Omaha Sch. Dist., 957 F.3d 869 (8th Cir. 2020) (Affirming summary judgment for school district on IDEA appeal and deciding as matter of first impression that Arkansas' 90-day limitations period for IDEA compliance applied to parents' claim seeking prevailing-party attorneys’ fees under IDEA)
  • Bank of the Ozarks v Ford Motor Co., 2020 Ark. App. 231 (Affirming summary judgment in favor of the defense in a wrongful death and strict liability claim involving a Ford Explorer)
  • E.B. Management Co., LLC v. Houston Specialty Ins. Co., 2019 Ark. App. 294, 577 S.W.3d 408. (Successful defense of insurance coverage judgment for insurance company related to assault & battery exclusion in policy.)
  • Parnell v. FanDuel, Inc., 2019 Ark. 412 (Successful defense of judgment for FanDuel, Inc. related to claim under the Arkansas Deceptive Trade Practices Act.)
  • Sanders v. Union Pacific Railroad Company, 2019 Ark. App. 386, 585 S.W.3d 713, Jury verdict in favor of Union Pacific affirmed on appeal. 
  • Apprentice Information Systems, Inc. v. DataScout, LLC, 2018 Ark. 277  (Reversal of $1.8 million judgment in a commercial dispute involving tortious-interference, deceptive trade practices act, and FOIA claims)
  • Royal v. Missouri & N. Arkansas R.R. Co., Inc., 857 F.3d 759, 761 (8th Cir. 2017) (Affirming summary judgment for the railroad in FELA case where plaintiff claimed injuries from operating a ballast regulator.)
  • Ortho-McNeil-Janssen Pharms., Inc. v. State, 2014 Ark. 124, 432 S.W.3d 563; 2014 Ark. 126  (Reversal of $1.2 billion Medicaid fraud judgment, an $11 million deceptive trade practices act judgment and a $180 million attorney fee award against a pharmaceutical manufacturer.)
  • Gallas v. Alexander, 371 Ark. 106, 263 S.W.3d 494 (2007) (Successful defense of constitutional challenge to landmark legislation permitting racing franchise holders to conduct electronic gaming.)
William A. Waddell Jr.
Commercial Litigation & Regulatory

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Martin A. Kasten
Litigation & Appellate Law

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Joshua C. Ashley
Commercial & Railroad Litigation

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Practice Area Categories
  • LITIGATION
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