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Appellate Advocacy in the Health Care Arena

Obtaining a second opinion in your case in NY and NJ

Once a trial-level court or administrative agency renders a final decision in a case, the parties often have the right to appeal that decision to a higher court. The appeals process presents unique challenges and hurdles that require specialized skills and knowledge. At Buttaci Leardi & Werner, LLC, we handle appeals on behalf of health care providers, practice groups, trade associations and others throughout the federal and state courts in New Jersey and New York, both as primary counsel and as appellate counsel.

Skillful advocacy when the law is on the line

Our appeals practice springs from the recognition that trial court judges, regulations or even legislatures are not infallible. When we represent a client in a trial-level court, our goal is to persuade the judge or jury to agree with our view of the evidence and the facts. In an appellate court, such as the Superior Court of New Jersey, Appellate Division or the Third Circuit Court of Appeals, our job as appellate attorneys is to convince the panel of judges hearing the legal dispute of our clients’ particular view of the law.

What this means to our clients is that our focus is bringing the sharpest analytical and legal advocacy skills to bear, armed with an in-depth understanding of the substantive law in play, the rules of appellate procedure and an independent, unbiased analysis of the trial court record. In both the federal and state appellate courts, Buttaci Leardi & Werner has obtained a substantial record in defending our clients’ successes in health care lawsuits at the trial court level and reversing improperly made decisions when the lower courts committed legal errors, in both cases ensuring our clients’ legal rights are upheld.

A full-scope appellate practice for the health care industry

We frequently serve as primary counsel on appeals, handling matters from initial notice to final argument, both in cases where we were involved in the initial litigation and cases where another firm handled the proceedings below. In addition, given our focus on health care issues, we often assist other attorneys with specific, discrete aspects of appellate practice.

When Buttaci Leardi & Werner works as your appellate counsel, we assist with:

  • Preparing and responding to post-verdict motions in the trial court
  • Submitting interlocutory (midtrial) appeals and applications to stay trial court decisions and motions
  • Evaluating applicable standards of review
  • Filing notices of appeal for appeals as a matter of right of final judgments, arbitration orders and agency actions
  • Reviewing the trial transcripts or agency record for appealable issues
  • Analyzing and researching the law
  • Perfecting appeals
  • Preparing appellate briefs and appendices
  • Drafting motions for leave to appeal
  • Presenting oral argument
  • Preparing post-argument motions and petitions for certification or certiorari

We also handle specialized appellate proceedings, such as petitions for writs of mandamus and amicus curiae briefs.

Learn more about our appellate advocacy practice

To learn more about Buttaci Leardi & Werner’s appellate advocacy practice, please contact us online or call us at 609.297.5942.