Appellate Law

Contrary to the commonly held view that any litigator can handle an appeal, appellate practice requires detailed knowledge of the special procedural rules applicable on appeal as well as an ability to recognize and present the critical issues to an appellate court in a succinct, eloquent, and persuasive manner. Not all trial lawyers are experienced in appellate matters and, therefore, often fall prey to procedural pitfalls, or stress arguments that, although important at trial, may not bear upon the appeal. In short, effective trial advocacy skills do not necessarily translate into effective appellate advocacy skills.

The Litigation Group at Keating Muething & Klekamp PLL includes experienced lawyers whose practices focus on appellate matters pending in courts throughout the country. Our appellate attorneys, who have particular strengths in legal analysis, brief writing, and oral argument, bring a fresh perspective to each case. In addition to handling appeals, our lawyers also handle petitions for interlocutory writs and review cases while they are at the trial-court level to evaluate the prospects of successfully prosecuting or defending an appeal, and to help preserve points for appellate review.

Experience

• Nat'l Union Fire Ins. v. Wuerth, 122 Ohio St.3d 594 (2009)
  

  Argued that a legal malpractice action can be maintained against a law firm without naming individual attorneys.

• Roe v. Planned Parenthood, 122 Ohio St.3d 300 (2009)
  

  Landmark case governing the discovery of third party medical records.

• Rumpke Sanitary Landfill, Inc. v. State, (2009) Ohio 4888
  

  Striking land use regulatory legislation as unconstitutional. Currently pending in Ohio Supreme Court.

• State ex rel Myles v. Brunner, Sec. of State, 120 Ohio St.3d 328 (2008)
  

  Preserving the rights of tens of thousands of voters to vote by absentee ballot.

News

• Ohio First District Court of Appeals Affirmed 2009 Judgment of $1.3 Million in Favor of Keating Muething & Klekamp's Client Covenant Dove
• Keating Muething & Klekamp Attorneys Win Supreme Court of Ohio's Affirmation that Colerain Township Is Not Proper Party in Case Involving Rumpke Sanitary Landfill, Inc. v State
• Supreme Court of Ohio Agrees to Hear Case Questioning Whether Ohio Township Has Right to Impose Impact Fee on New Developments
• Keating Muething & Klekamp PLL Announced that Litigation Partner Rachael A. Rowe to Have Dual Role as She Joins Its Labor & Employment Group

Publications

• Township Builder Fee Challenged Once More, The Enquirer, June 9, 2011
• Ruling Clears Way for Rumpke Expansion, Cincinnati Enquirer at cincinnati.com, December 17, 2010
• The Ohio Supreme Court to Hear Impact Fee Case, Cincinnati Enquirer at cincinnati.com, December 16, 2010