Appellate Advocacy

Keen insight to shape the law

At the appellate stage of a complex litigation matter, a special set of skills and knowledge is needed to successfully obtain appellate relief.

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Reach & Depth

Appellate litigation carries high stakes because it is a zero-sum game. In most instances, the process begins with one side already declared the winner. Perhaps the trial court has dismissed a plaintiff’s complaint or entered judgment on a significant jury verdict in the plaintiff’s favor. Or perhaps the client achieved a defense verdict in a high stakes trial that plaintiff intends to aggressively attack. In each case, one side seeks to fight another day by convincing an appellate court that the trial judge erred in applying the law, while the other defends the status quo.

Appellate advocacy differs from trial advocacy in its focus on applying the law to the evidentiary record under the applicable standard of review. In many instances, that requires seeking a clarification or change to existing law. Persuasive legal writing and oral advocacy are paramount to meeting that challenge.

FMG puts appellate practice on equal footing with trial. We recognize the unique skill set required to protect our clients’ interests both before and when their cases reach the appellate courts. Far from an afterthought, our understanding of appellate procedure underlies our resolution strategy, and our clients value the perspective our experienced practitioners bring to every stage in the arc of the case.

FMG’s seasoned team of appellate lawyers understands how to effectively advocate for our clients in state and federal appellate courts throughout the country, as well as the Supreme Court of the United States. We bring experience and expertise across a broad range of substantive areas, including torts, government, state and federal constitutional issues, employment, insurance coverage, commercial disputes, construction, financial services, and healthcare.

Significant Appellate Matters

Click the categories below to view notable matters handled by FMG appellate attorneys.

Successes

FMG attorneys Michael Sanders, Brad Purcell and Sophie Stevanovich obtained a favorable decision from the Illinois Appellate Court affirming the use of exculpatory clauses. Plaintiff broke her ankle after falling while top rope climbing at an indoor facility. Plaintiff argued the exculpatory agreement she had signed should be voided because it was prohibited by Illinois’ Amusement Ride and Attraction Safety Act (the “Act”), which requires facilities licensed under the Act to have $1 million in liability insurance. Brad Purcell obtained summary judgment in favor of FMG’s client in the trial court. FMG attorneys Michael Sanders and Sophie Stevanovic defended our client on appeal and convinced the appellate court to reject each of the Plaintiff’s arguments. In a case of first impression, the appellate court found that the Act does not prohibit exculpatory clauses. 

Amy Taylor v. Brooklyn Boulders LLC, and Chicago Climbing Gym Company, LLC; Case No.: 2025 IL App (1st) 231912

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