Appellee Strategies in the Federal Courts of Appeal

Description

Counsel for appellees in the Federal Courts of Appeal must take affirmative steps to ensure that the trial court judgment remains intact and that any arguments lost at trial are reviewed on appeal. Waivers and cross-appeals are important strategic tools for appellees to accomplish this objective.

Under the "right for any reason" rule, appellees can affirmatively raise arguments that the trial court rejected or ignored. In some circuits, if the appellee does not raise such issues in the response brief, the issues are considered waived. This is a potential trap for unwary appellate counsel.

Further, counsel to appellees should strategically file cross-appeals to alter the trial court's judgment or seek greater relief than the trial court originally granted. There is also a strategic advantage of being in the position of going second during oral argument.

Listen as our authoritative panel of appellate practitioners explains effective strategies and approaches that appellees should leverage at the U.S. Courts of Appeal to maintain their clients' favorable outcomes in the trial court and potentially obtain even greater relief.