Critical Motions / Appeals
The firm enjoyed tremendous success in these areas under the lead of our former Partner, Raymond Kethledge, who was honored with an appointment to the United States Court of Appeals for the Sixth Circuit in 2008 and now goes by “The Honorable” Raymond M. Kethledge. Judge Kethledge is not only an exceptional legal mind; he is also a strong judge of talent. Since he took the bench, several of Judge Kethledge’s clerks have been selected to clerk for the United States Supreme Court or for prestigious Bristow fellowships with the Office of the Solicitor General. To BSP’s benefit, another of those clerks, Stephanie Douglas, declined the suggestion that she too pursue a Supreme Court clerkship. Based on Judge Kethledge’s recommendation, we brought Stephanie on board to lead our critical motions and appeals group.
Our complex briefing team, led by BSP Partner Stephanie Douglas, includes attorneys who have clerked for the U.S. Courts of Appeals for the Fourth and Sixth Circuits, the U.S. District Courts for the Eastern District of Michigan, District of Maryland, and District of New Jersey, the Michigan Supreme Court, and the Michigan Court of Appeals.
Stephanie and her team pride themselves in quickly digesting complex technical matters and mastering novel legal issues – even on unfamiliar subject matters. The team has enjoyed success delivering understandable and persuasive arguments involving a variety of topics to trial and appellate courts. Particularly when the stakes and challenges are high, corporations trust BSP to pave the way toward success.
During the pre-trial and trial phases of any litigation, BSP maximizes our clients’ prospects on appeal, including through Daubert challenges, motions in limine, and dispositive and post-verdict motions. BSP assists clients with appellate matters in state and federal courts across the country. Even where BSP is not involved in the trial phase of a case, our team can comb the record to craft the strongest arguments for a successful appeal.
- In the Federal Circuit, BSP authored briefs and argued a complex NAFTA tax appeal, resulting in a published opinion overturning the judgment in favor of the government.
- In the Eastern District of Kentucky, our team offered advanced motions and trial support that resulted in favorable pre-trial and trial rulings in a product liability matter, leading the plaintiff to abandon millions of dollars in claimed damages and helping the trial team obtain a complete defense verdict.
- In the Sixth Circuit, BSP provided strategy and revamped a brief in an insurance dispute that led the appellate court to uphold the client’s multi-million dollar summary judgment.
- In the Eastern District of Michigan, BSP successfully moved to dismiss a high-exposure product liability lawsuit on choice-of-law and statute-of-repose grounds and obtained affirmance on appeal.
- In the Michigan Supreme Court, BSP authored an amicus brief regarding the proper interpretation and constitutionality of a taxing statute; the high court issued a ruling consistent with our analysis.
- In Michigan state court, our team obtained summary dismissal of a multi-million dollar employment lawsuit and was awarded $300,000 in prevailing-party costs; both rulings were affirmed on appeal.
- In the Michigan Court of Appeals, BSP obtained a published decision affirming a multi-million dollar award of interest and sanctions and later defeated the State’s application for leave to appeal to the Michigan Supreme Court in a complex state tax appeal.
- In Pennsylvania state court, BSP successfully defended summary judgment in a wrongful-death product liability appeal.
- In Michigan state court, our team architected claims, defeated a dispositive motion, and obtained an 8-figure settlement for our client before discovery in a multi-state insurance action.
- In Missouri state court, BSP obtained and preserved on appeal a dismissal for lack of personal jurisdiction.