Appellate

Taft’s appellate lawyers serve as lead counsel on significant and high-profile appeals. We have deep experience in federal and state appellate courts across the United States. Because of our recognized experience before reviewing courts, our attorneys are specifically brought into cases after trial to represent both established clients and new clients on appeal.

Some of our representative wins include:

• Bennington, et al. v. Aspide Medical and BG Medical, LLC, case no. 1-20-0726, 2012 IL App (1st) 200726-U.
  Taft secured a significant win on interlocutory appeal in a series of consolidated products liability matters. A number of plaintiffs who resided in various states sued Taft’s client, BG Medical, LLC, in Illinois state court. BG Medical filed motions to dismiss, arguing first that the laws of the plaintiffs’ home states should apply, and then arguing that based on those laws, certain of plaintiffs’ claims must be dismissed. The trial court denied those motions and held that Illinois law would govern the substantive issues all of the plaintiffs’ claims. After granting BG Medical’s petition for interlocutory appeal, the Illinois Appellate Court reversed the trial court’s decision and held that the substantive law of the states where the plaintiffs resided and suffered injury applied to each case.
• Wilson v. Durrani, Slip Opinion No. 2020-Ohio-6827
  Taft obtained the dismissal of medical malpractice cases in an Ohio Supreme Court appeal based on the four-year medical claim statute of repose, representing a major victory for Ohio doctors, hospitals, and health care providers. This ruling impacts hundreds of medical malpractice cases across Ohio.
• Florez v. Northshore Univ. Healthsystem, 2020 IL App (1st) 190465
  Successfully argued for the reversal of a $50.3 million jury verdict against Taft client NorthShore University HealthSystem, an integrated healthcare system serving patients throughout the Chicago metropolitan area. The case concerned a claim brought against NorthShore and its treaters for their alleged negligence in connection with the labor and delivery of Julien Florez, a minor. Plaintiffs claimed that NorthShore’s treaters failed to deliver Julien by C-section in a timely manner, resulting in cognitive, intellectual, and physical deficits. NorthShore defended that Julien’s injuries were actually the result of a chronic process that occurred long before his mother arrived at the hospital.
• Bradley Ledure v. Union Pacific Railroad Company, No. 19-2164 (7th Cir. 2020)
  Successfully argued for the affirmance of a summary judgment decision in favor of Taft client Union Pacific Railroad Company. The plaintiff, Bradley LeDure, brought claims against the railroad under the Locomotive Inspect Act (LIA) and the Federal Employers’ Liability Act (FELA), following an injury he allegedly sustained while working on a locomotive. The appeal centered on whether the locomotive from which LeDure fell was “in use,” a threshold statutory requirement for liability under the LIA.
• Turubchuk v. Southern Illinois Asphalt Company, Inc., No. 18-3507 (7th Cir. 2020)
  Successfully argued for the reversal of an $8.1 million verdict entered against Taft client Southern Illinois Asphalt Company, Inc. (SIAC). The case concerned a negligent misrepresentation claim filed against SIAC years after an underlying case against SIAC arising from a fatal car crash in southern Illinois settled.
• Phoenix Lighting Group, L.L.C. v. Genlyte Thomas Group, L.L.C., Slip Opinion No. 2020-Ohio-1056
  Received a favorable opinion from the Ohio Supreme Court on behalf of our client, a lighting fixtures company. The decision ended more than 10 years of contentious litigation. At issue in the case was whether the prevailing party in a business tort lawsuit between two companies should be entitled to an enhancement of its attorneys’ fees award. The Ohio Supreme Court held that the enhancement was improper and modified Ohio law accordingly. Taft knew this was an issue of interest to the Ohio Supreme Court, and tailored our arguments to achieve this favorable result.
• Bank of the West v. Hardrock HDD, Inc., 2019 WL 2306172 (Mich App 2019)
  Successfully petitioned Court of Appeals to grant leave and reverse trial court, preserving and reinstating six-figure judgment that had been improperly set aside.
• 1324 Porter Street Trust v. Victor Attar Ltd. Dividend Housing Ass’n, LP, No. 348288 (Mich App 2019)
  Obtained order denying leave, successfully defending circuit court order, which vacated district court order purporting to extinguish client’s redemption rights; appellate ruling affirmed circuit court order equitably tolling redemption rights and permitting redemption of property after mortgage foreclosure.
• Enbridge Energy, Ltd. P’ship v. Oldcastle APG South, Inc., 2019 IL App (3d) 180060-U
  Represented a leading Midwest manufacturer of architectural masonry and hardscape products in appeal of a case involving an oil spill, which the plaintiff said was the result of our client’s failure to maintain a water service line on its property. The appeal led to a reversal of the $45 million verdict.
• Centegra Hospital-McHenry v. Mercy Crystal Lake Hosp. & Med. Ctr., Inc., 2019 IL App (2d) 180731
  Represented a non-profit health care provider and hospital system in successfully arguing for the reversal of a trial court decision blocking the construction of a hospital in Crystal Lake, Illinois. The case concerned an effort by our client’s competitors to block a hospital project in court after failing to block it before the Illinois Health Facilities and Services Review Board, which earlier approved the project. The Taft team convinced the appellate court to reverse the trial court’s order and reinstate the Board’s approval for the project, allowing our client’s construction to move forward.
• City of Hammond v. Herman & Kittles Properties, Inc., 119 N.E.3d 70 (Ind. 2019)
  Represented owner of multi-family apartment complex in resisting payment of excessive rental registration fees, where city argued state statute restricting fees violated constitutional prohibition against special legislation. Resulted in a judgment in favor of the client from the Indiana Supreme Court.
  
• Conn v. Bic Graphic USA Manufacturing Co., Inc., 2019 WL 4694673 (Minn. Ct. App.)
  Represented employer in appeal of case involving failure to accommodate and disability discrimination under Minnesota Human Rights Act and retaliation claims under Minnesota Workers Compensation Act.
• Pflugh v. Indianapolis Historic Preservation Comm’n, 108 N.E.3d 904 (Ind. T. App. 2018), trans denied.
  Represented developer in appeal of zoning case brought by a remonstrator.
• Ali v. Alliance Home Care, LLC, 53 N.E.3d 420 (Ind. Ct. App. 2016)
  Represented home healthcare company in appeal of case regarding defamation and other tort claims brought by a former employee.
• Frank v. Linkner, 500 Mich 133 (2017)
  Reversed Court of Appeals decision and clarified the law on when causes of action for minority oppression accrue for LLCs and closely held corporations.
• Gwyn R Hartman Revocable Living Trust v. Southern Mich Bancorp, Inc., 780 F3d 724 (6th Cir 2015)
  District court decision reversed for dismissing client’s action against the corporation that failed to disclose nature of client’s proposed bylaw amendment before shareholder meeting.
• Pransky v. Falcon Group, Inc, 311 Mich App 164 (2015)
  Appellate court ruled that client’s consulting agreement was valid because the services performed did not require it to be registered as broker-dealers under Michigan’s Uniform Securities Act.
• Wayne County Employees Retirement System v. Wayne Charter County, 497 Mich 36 (2014)
  Recovered more than $40 million for beneficiaries of county retirement system.
• Whitesell International Corp v. Whitaker, 2011 WL 165405 (Mich App 2011)
  Reversal of adverse $9 million judgment.