Appellate

Dowd Bennett has deep experience in appeals and other extraordinary proceedings in federal and state courts, across a broad range of substantive areas.  More than one-third of our lawyers have served as law clerks for appellate courts, including the United States Supreme Court; the United States Court of Appeals for the Sixth, Eighth, and Eleventh Circuits; and the Missouri Supreme Court and the Eastern and Western Districts of the Missouri Court of Appeals.  Several of our other lawyers also have extensive experience briefing and arguing appeals.  We have successfully represented our clients in cases involving significant and novel legal issues and substantial damage awards, including punitive damages.

In addition to appeals arising in our own cases, we provide appellate representation in matters handled by other firms in the trial court.  In those cases, our appellate expertise combined with an objective review of the record and a fresh approach to the legal issues helps position our clients for the best outcome on appeal.  In other appeals in which we are not “first chair” counsel, we consult with lawyers from other firms regarding appellate strategy and assist in preparation for oral argument.

Our appellate attorneys also regularly assist trial teams on legal issues, including dispositive motions, class action certification, and jury instructions.  They remain involved in trial strategy and preparation, with an eye towards avoiding trial error and protecting the record for appeal. The early and consistent involvement of our appellate lawyers in the development of a case allows us not just to achieve success in the trial court, but to preserve it through final appeal.

Representative Matters

• Engelhardt v. Qwest Corporation, 918 F.3d 974 (8th Cir. 2019)—Affirmance by the Eighth Circuit of summary judgment awarded to a subsidiary of CenturyLink on claims under the Fair Labor Standards Act and the Minnesota Whistleblower’s Act and for tortious interference with prospective business relations.
• Grain Belt Express Clean Line, LLC v. Public Service Commission, 555 S.W.3d 469 (Mo. banc 2018)—Reversal by the Missouri Supreme Court of Missouri Public Service Commission decision denying necessary certificate to Grain Belt Express to complete electrical transmission project and move clean, low-cost wind power across four states.
• Jo Ann Howard & Assocs., P.C. v. Cassity, 868 F.3d 637 (8th Cir. 2017)—Reversal and remand by the Eighth Circuit of judgment totaling more than $390 million in compensatory and punitive damages against PNC Bank as successor-in-interest of trustee of pre-need funeral trusts.
• United States ex rel. Williams v. Renal Care Group, Inc., 696 F.3d 518 (6th Cir. 2012)—Reversal by the Sixth Circuit of $82 million judgment against Renal Care Group in a matter described as the most significant False Claims Act case of 2012.
• Fresenius Medical Care Holdings, Inc. v. United States, 763 F.3d 64 (1st Cir. 2014)—Affirmance by the First Circuit of $95 million judgment for Fresenius Medical Care in a tax case against the Department of Justice.
• Carr v. Anheuser-Busch Cos., Inc., 495 F. App’x 757 (8th Cir. 2012)—Affirmance by the Eighth Circuit of summary judgment in favor of Anheuser-Busch in a dispute under ERISA.
• Bio-Medical Applications of Tennessee, Inc. v. Central States Southeast and Southwest Areas Health & Welfare Fund, 656 F.3d 277 (6th Cir. 2011)—Ruling in favor of Bio-Medical Applications of Tenness, Inc. in ERISA case involving challenge to group health plan’s denial of benefits to plan participant.
• Gonzalez v. Fresenius Medical Care North America, 689 F.3d 470 (5th Cir. 2012)—Affirmance by the Fifth Circuit of a jury verdict in False Claims Act case.