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. In just four years on the bench, two of Judge Kethledge’s former clerks already have been selected to clerk for Supreme Court Chief Justice Roberts and Justice Scalia. 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.
Appellate, Class Action, and Complex Briefing Experience
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.
- Arizona Court of Appeals – Obtained Order affirming defense jury verdict and upholding spoliation sanctions.
- Michigan Court of Appeals – Obtained affirmance of summary judgment in favor of insurer on accidental-death insurance claim.
- Michigan (Complex Appeals Panel) – Obtained affirmance of defense jury verdict in wrongful death case.
- Michigan (E.D. Mich.) / Sixth Circuit – Defeated proposed national class certification involving over 1 million putative plaintiffs. Affirmed on appeal.
- Federal Circuit – Appeal Pending – Drafted appellate brief seeking to overturn judgment in favor of the government in a complex NAFTA tax issue.
- Arizona (D. Az.) – Motion Pending – Drafted opposition to motion for certification of putative class of Arizona homeowners in products liability case.