Appellate, Class Action & Complex Briefing

The firm enjoyed tremendous success in these areas under the lead of our former Partner, Raymond Kethledge. He was so well respected, in fact, that in 2008 he was honored with an appointment to the United States Court of Appeals for the Sixth Circuit, where he 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 former 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 existing talent in the areas of complex briefing, class actions, and appeals.  Recently, another of Judge Kethledge’s former clerks, Roger Meyers, joined BSP to further strengthen our appellate team and to take a leading role in our business and commercial litigation practice.

During the pre-trial and trial phases of any litigation, BSP’s Class Action and Complex Briefing team maximizes our clients’ prospects on appeal, including through Daubert challenges, motions in limine, and dispositive and post-verdict motions. For class-action defense, we also have experience with multi-district litigation and opposition to class certification.

The BSP Appellate team assists clients with appellate matters in state and federal courts. Even where BSP was not involved in the trial phase of a case, our team can comb the record to craft the strongest arguments for a successful appeal.

  • Federal Circuit – Authored briefs and argued complex NAFTA tax appeal.  Published opinion overturned judgment in favor of the government, and remanded; dissenting judge would have entered judgment in favor of our client.
  • Kentucky (E.D. Ky.) / Sixth Circuit – Provided advanced motion and trial support in product liability matter.  Obtained favorable pre-trial and trial rulings, leading the plaintiff to abandon millions of dollars in claimed damages during the trial, and helping the trial team to obtain complete defense verdict.  Facing herculean obstacles, the plaintiffs abandoned their claim of appeal before briefing began.
  • Michigan (E.D. Mich.) / Sixth Circuit – Defeated proposed national class certification involving over 1 million putative plaintiffs.  Affirmed on appeal.
  • Arizona (D. Az.) – Defeated class certification in putative class of Arizona homeowners in products liability case, and obtained with-prejudice dismissal of named plaintiffs’ claims.
  • Sixth Circuit – (appeal pending) – Authored appellate brief to defend multi-million dollar summary judgment ruling in insurance coverage matter.
  • Arizona Court of Appeals – Obtained order affirming defense jury verdict and upholding spoliation sanctions.
  • Michigan (Complex Appeals Panel) – Obtained affirmance of defense jury verdict in wrongful death case.
  • Michigan Court of Appeals Obtained affirmance of summary judgment in favor of insurer on accidental-death insurance claim.