Louisiana appellate attorney

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Appeals

The Louisiana court system can feel overwhelming to any business owner or lawyer unfamiliar with its unique structure and differences from federal and other state courts. The Louisiana appellate court system is no exception. For this reason, a Louisiana appeals defense lawyer is an essential resource, particularly when navigating the state courts of appeal and obtaining an optimal case result.

The Appellate Court System

The U.S. appellate courts are designed as a way for those involved in litigation to contest a court’s decision if they believe the wrong law was applied, the law was applied incorrectly, or another error occurred that could have changed the court’s ruling. It is a system designed as a way to remedy errors in the legal process. If you believe your case should be reevaluated, working with a Louisiana appellate defense lawyer can be the next step.

The U.S. currently has a dual court system, where a case can reach an appellate court through one of two routes. The first way is if a case is appealed after being resolved by a U.S. Federal District Court, in which case it can be appealed to the U.S. Court of Appeals. The second way is if a case goes through a state district court and is then appealed to an intermediate appellate court. One of the ways that Louisiana is unique is the robust writ procedure that enables a party, in some instances, to have an appellate review of a ruling on an interlocutory basis before a case goes to trial.

In many cases, the highest a court case can be appealed is to the U.S. Supreme Court. While Louisiana differs from most states, as it is based on civil instead of common law and on the Napoleonic Code instead of on the British common law, it still may overlap with other states at the federal level.

Louisiana’s Appellate Court System

Louisiana has several intermediate appellate courts which are divided among five Circuits. These five Circuits are located in Baton Rouge, Shreveport, Lake Charles, New Orleans, and Gretna. If a decision is appealed beyond the intermediate appellate court, it will go to Louisiana’s Supreme Court, located in New Orleans. The U.S. Court of Appeals for the 5th Circuit is also located in New Orleans.

With our legal team of seasoned attorneys situated in New Orleans, Baton Rouge, and Lafayette, our firm can bring key knowledge of the intermediate appellate courts, the Louisiana Supreme Court, and the U.S. Court of Appeals to your case.

The Appellate Practice of Degan, Blanchard & Nash

Degan, Blanchard & Nash has its own dedicated appellate practice section. This practice group is uniquely qualified to provide skilled representation in the state and federal courts of appeal, as well as to associate with counsel from other states for appeals in other jurisdictions. The skills developed by an appellate practitioner are very unique, as the practitioner must be able to utilize the case developed in the district court, analyze the trial court decision, and find new angles and arguments to support their clients’ position. Their skills include the ability to succinctly, logically, and persuasively argue a position or particular interpretation of the law before a panel of appellate judges in both written form and briefs, as well as orally.

The skills utilized by our appellate practice differ from those of a trial-level litigator. In addition to knowing and following the complex and unforgiving rules of appellate procedure, which involve critical deadlines and hyper-technical rules regarding written submissions and strictly timed oral arguments, our appeal counsel succinctly, logically, and persuasively argue a position or particular interpretation of the law before a panel of appellate judges in both written form and orally.

Appellate counsel often bring a fresh perspective to a case that was handled by separate trial counsel. That different perspective leads to a more advantageous result for our clients after a difficult trial. At the trial level, our appellate counsel can assist in developing new arguments or theories of the case, identifying and preserving errors of the lower court, and drafting and arguing dispositive pre-trial and post-trial motions. We regularly file and litigate interlocutory appeals during the trial phases of litigation, which often change the course of the case or result in a dismissal of claims against our clients. We also assist with formulating and preserving objections to jury charges, proper inclusion of evidence for review, and drafting and arguing post-trial motions.

Our Experience and Services

Our attorneys have appeared and presented oral arguments in every state and federal court of appeal in Louisiana and enjoy a sterling reputation with the state’s appellate judiciary. We have also appeared before several federal courts of appeal and have been admitted pro hac vice in other states in appellate cases. Our attorneys have held federal and state judicial clerkships, have worked with retired judges, and appear regularly before the appellate courts.

We offer the following services to our clients:

  • Monitoring trials and appeals;
  • Appellate counseling for clients in cases pending in the trial courts or on appeal;
  • Drafting and arguing interlocutory and post-trial motions and providing assistance to trial counsel;
  • Preparing and securing appeal bonds and handling bond contests;
  • Drafting petitions for appeal, appellate briefs, writ applications, and other appeal-related motions and petitions;
  • Drafting and filing amicus curiae briefs in cases in which our clients have an interest;
  • Presenting oral argument before the courts of appeal;
  • Drafting applications for re-hearing in the courts of appeal or opposing same; and
  • Filing applications for writs in the Louisiana Supreme Court and Courts of Appeal, as well as the Federal Courts of Appeals and United States Supreme Court.

The appellate attorneys of Degan, Blanchard & Nash have the resources, talent, and experience to handle your appellate work. By providing personalized, one-on-one services and by understanding the burdens and costs of litigation, we are able to obtain results for our clients in the most efficient and expedient method possible. At the same time, we pursue each appeal with drive, enthusiasm, creativity, and professionalism. Contact our experienced team today.