Appellate

Joseph, Greenwald & Laake has one of the most successful and experienced appellate practices in the region. Our appellate attorneys regularly appear before the highest courts of Maryland and the District of Columbia, as well as federal appellate courts, including the U.S. Courts of Appeal for the Fourth Circuit, the District of Columbia Circuit, and the Federal Circuit.

Powerful Appellate Advocates. Joseph, Greenwald & Laake’s appellate practice group includes some of the most experienced appellate advocates in Maryland, former appellate judicial law clerks, and respected appellate practitioners with decades of experience in the appellate courts.

Knowledgeable and Experienced Attorneys. Appellate practice differs significantly from trial practice, and requires a unique set of skills, knowledge, and resources. Our attorneys understand the appellate process and what is required to win on appeal.

Expansive Appellate Practice Areas. The firm’s appellate practice group handles appeals in virtually every practice area, including the following:

  • Administrative Law;
  • Business & Commercial Matters;
  • Civil Rights;
  • Criminal Appeals;
  • Family Law;
  • Labor & Employment;
  • Medical Malpractice;
  • Personal Injury;
  • Professional Licensing & Discipline;
  • Real Estate Matters;
  • Whistleblower (False Claims Act; Qui Tam);
  • Zoning & Land Use.

Referrals and Joint Representation. Joseph, Greenwald & Laake handles appeals not only for our own clients, but also routinely receives referrals from other attorneys. The firm frequently receives referrals from trial lawyers, colleagues and specialists in other practice areas. We put our formidable appellate practice to work to assist attorneys in seeking to overturn adverse decisions or protect successful verdicts on appeal.

Flexible Fee Arrangements. Joseph, Greenwald & Laake utilizes a variety of retainer arrangements in appellate cases. Our attorneys are available to discuss and provide consultations regarding any new appellate matter.

SELECT REPRESENTATIVE APPELLATE CASES

Criminal Law. State of Maryland v. Kenneth Hart, No. 74, September Term 2015 (Md. 2016) (concluding that double jeopardy barred re-trial when the trial court declared a mistrial in defendant's involuntary absence when he was transported to a hospital during jury deliberations).

NegligenceNancy Dankos v. Linda Stapf, No. 55, September Term, 2015 (consolidated with Kiriakos v. Phillips, No. 20 September Term 2015) (Md. 2016) (recognizing liability against adult social host for the first time in Maryland for hosting underage drinking party).

False Claims Act. United States v. Chattanooga-Hamilton County Hospital Authority (6th Cir. 2015) (reinstated case by relator under False Claims Act alleging that hospital knowingly submitted false or fraudulent claims for reimbursement to federally funded healthcare programs).

Zoning & Land Use. County Council of Prince George's County v. Zimmer Development Co. (Md. 2015) (reestablished limitations on the scope of appellate review of the Prince George’s County District Council in local Planning Board matters).

Personal Injury. Davis v. Board of Education for Prince George's County (Md. Ct. Spec. App. 2015) (reinstated a verdict in favor of the parents of a child struck and killed by a car at a school bus cross-walk).

Negligence, Catastrophic Injury. Blackburn Limited Partnership v. Paul (Md. 2014) (reversed summary judgment, reinstated case by parents of trespassing child injured in apartment complex pool).

Constitutional Law. Altadis U.S.A., Inc. v. Prince George's County (Md. 2013) (struck down a local ordinance that regulated the packaging, sale, and distribution of cigars).

Civil Procedure. Thompson Hine, LLP v. Taieb, (D.C. Cir. 2013) (obtaining dismissal for lack of personal jurisdiction, including significant pronouncements under federal law in D.C. for sufficient minimum contacts necessary for personal jurisdiction).  

Employment Defense. Nunnally v. Graham (D.C. 2012) (affirmed verdict in favor of supervisor accused of employment discrimination).

Police Misconduct and Negligent Training. Jones v. State of Maryland (Md. 2012) (affirmed verdict in a police abuse case against the State for negligent training of sheriff’s deputies).

Real Estate. Fidelity First Home Mortgage Co. v. Williams (Md. Ct. Spec. App. 2012) (upheld verdict against a mortgage broker whose agent perpetrated a fraudulent foreclosure rescue scam).

Civil Rights. Prince George's County v. Longtin (Md. 2011) (upheld then largest ever verdict against Prince George’s County in police abuse case; established new cause of action for pattern or practice of constitutional violations under Maryland Constitution).

Employment Discrimination. Washington Suburban Sanitary Commission v. Phillips (Md. 2010) (held in case of first impression that WSSC is subject to actions for employment discrimination under local anti-discrimination ordinance).

Local Government Law. Washington Suburban Sanitary Commission v. Bowen (Md. 2009) (rejected as improper an interlocutory appeal on immunity grounds advanced by WSSC).

Professional Licensing and Discipline. Bereano v. State Ethics Commission (Md. 2008) (reversed suspension of lobbyist by State Ethics Commission).