Appellate

Focused, intentional strategy when pressures intensify.

Facing an appeal or high-risk trial in Oklahoma?

We represent businesses, insurers and insureds in civil appeals involving nearly every area of law, whether our client is challenging an adverse result or defending a favorable one. As one of the few firms in Oklahoma with a dedicated appellate practice, we have a deep understanding of the complex procedural rules in the state that can create significant post-verdict traps for our clients. By coming in for a fresh look at the appellate stage or consulting throughout potential high-exposure trials, our skilled appellate lawyers can anticipate problems, avoid pitfalls and make the strategic choices needed to achieve the desired results.

Persuasive advocates when a surprise verdict changes the course of your case

A large or unexpected verdict can make every trial-court ruling seem important, but not every issue will drive the appeal. We bring an objective perspective to identify the strongest issues, assess the path forward and present clear, persuasive arguments – and if continuing to fight isn’t in the client’s best interest, we provide candid advice on the best path forward. Our appellate team’s advocacy has helped reverse multiple multi-million-dollar adverse judgments. Clients rely on us to be trusted, responsive and strategic partners when the stakes are the highest.

Protect the record before the appeal begins

Our work often begins before the notice of appeal. Through embedded appellate consulting, we work directly with trial lawyers and in-house counsel before, during and after trial to preserve issues, shape motions and anticipate procedural requirements, including post-trial motions that may affect appellate rights. This early involvement is especially valuable in cases with significant exposure or a strong chance of appeal.

Oklahoma’s appellate courts require dedicated, local counsel

Oklahoma appeals and original actions can involve procedural complexities, court customs and expectations that are not always apparent from the written rules. Our team is focused on pursuing appeals and seeking writs and other emergency relief in the Oklahoma Supreme Court, and in select cases, working closely with national firms on matters that extend beyond the state.

This strong foundation includes the work of Harvey D. Ellis Jr. and the late Clyde A. Muchmore, who authored the comprehensive two-volume Oklahoma Appellate Practice treatise regarding all aspects of appellate procedure in Oklahoma state and federal courts, as well as the two-volume Oklahoma Civil Procedure Forms and Practice treatise focused on civil litigation practice before Oklahoma state and federal courts.

More Relevant Experience

  • Represented an insurance company in appeal of a $15 million default judgment issued against the company. The Oklahoma Court of Civil Appeals agreed with the firm’s assertion that the sanction had been issued without sufficient due process protections, and that a $15 million default judgment in the circumstances was an unduly severe sanction that constituted an abuse of discretion. The court vacated the judgments against the company and remanded for further proceedings.
  • Werner Enterprises, Inc. v. Kirkland, Sup. Ct. No. 122,385 (Okla., Jul. 26, 2024) – Successfully obtained writ of mandamus from Oklahoma Supreme Court, barring enforcement of district court order compelling production of inordinate volume of documents and directing trial court to consider proportionality as required by Discovery Code.
  • Oklahoma Council of Public Affairs v. Smalley, 2019 OK 48, 456 P.3d 609 (OKLAHOMA COUNCIL OF PUBLIC AFFAIRS v. SMALLEY): Successfully defended the constitutionality of Medicaid Expansion ballot measure from constitutional challenge in the Oklahoma Supreme Court, including in rare en banc oral argument.
  • Turbo Nitro Inc. v. Burlington Insurance Company, Sup. Ct. No. 117,082 (Okla., Oct. 6, 2020) – Successfully obtained reversal of multi-million-dollar fraud verdict in case involving insured’s allegation that insurer misrepresented the terms of the insurance policy and/or its intention to comply with the terms of that policy.