Appellate Law
Federal Appeals & Appellate Law
The Federal Practice Group’s appellate lawyers understand the intricacies of an appeal, whether in a federal administrative forum or appellate court. We represent clients with regard to the following:
Federal Court Appeals: Federal court appeals involve challenging decisions made by federal district courts, where cases are initially heard. These appeals typically address legal errors or procedural issues and are heard by higher-level federal appellate courts, such as the United States Court of Appeals.
Military Appeals: The Court of Appeals for the Armed Forces reviews military criminal cases to ensure the uniform application of military law within the U.S. armed forces and the Army, Navy, and Marine Corps Courts of Criminal Appeals.
MSPB Appeals: Allows federal employees to challenge adverse employment actions, such as removal, suspension, or demotion, by presenting evidence and arguments to the Merit Systems Protection Board (MSPB) to seek a fair and impartial review of their case.
OFO Appeals: The Office of Federal Operations is part of the U.S. Equal Employment Opportunity Commission (EEOC) and handles requests for appeals of EEOC final decisions, including final orders dismissing a complaint.
Cross-Disciplinary Expertise
Our team is prepared to guide you through the decision of whether to appeal, understanding the frustration of not reaching your desired outcome.
We provide comprehensive support by leveraging our team’s cross-disciplinary expertise in Federal Employment Law, Government Contracts, and more.
Get in touch with our team today to learn more.
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Frequently Asked Questions
Appellate law involves the process of appealing a lower court’s decision to a higher court. It focuses on reviewing and potentially reversing or affirming the decisions made in the lower court.
Appellate courts review the legal procedures and issues presented in lower court cases to ensure that the trial was fair and that the law was applied correctly. They do not retry the facts of the case.
In a trial, the facts of the case are presented, witnesses testify, and a verdict is reached. In an appeal, the focus is on reviewing legal issues and procedures, not on re-examining the facts.
Appellate courts generally hear appeals based on legal errors or issues, such as misapplication of the law, procedural mistakes, or constitutional violations. They don’t re-evaluate the facts of the case.
The process typically starts with filing a notice of appeal, followed by the submission of briefs from both parties, and oral arguments in some cases. The appellate court then renders a decision.