Appeals | Fennemore Craig
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Our appellate attorneys regularly appear before the United States Courts of Appeals for the Ninth Circuit, the Tenth Circuit, the U.S. Tax Court, the Supreme Court and Court of Appeals of Arizona, the Supreme Court and Court of Appeals of Nevada, and the Supreme Court and Court of Appeals of Colorado. We also participate in appeals before the United States Supreme Court and the United States Court of Appeals for the District of Columbia Circuit, the Fourth Circuit, Fifth Circuit, Eighth Circuit, and Eleventh Circuit. The scope of our appellate practice covers civil, administrative and regulatory law, with emphasis in the following areas:

  • Constitutional and Public Law - challenges to the validity under the United States and state constitutions of statutes and ordinances, state, local and municipal regulations and other government actions.
  • Bankruptcy and Creditors' Rights - appeals to the United States District Court and the Ninth Circuit Bankruptcy Appellate Panel.
  • Eminent Domain - appeals to district and higher courts in connection with direct condemnations, inverse condemnations, regulatory takings, and claims for pre condemnation damages in the context of public projects, including pipelines, high voltage transmission lines, roads and freeways, buildings, and redevelopment projects.
  • Taxation - challenges to state and local ad valorem real property taxation, state and local sales, use and income taxation and federal income taxation.
  • Real Property - actions to enforce mortgages, deeds of trust and restrictive covenants, and suits concerning title to minerals on private and public land.
  • Natural Resources, Environmental and Water Law - challenges to the United States Environmental Protection Agency's adoption of rules and orders, and appeals from orders of the Arizona Department of Water Resources and Arizona Department of Environmental Quality.
  • Public Utility Law - appeals from orders of the public utility commissions of Arizona and Nevada setting rates for and governing provision of service by public utilities, and appeals arising from suits and administrative proceedings involving the competing rights of  corporations, governmental bodies and other entities to provide utility service.
  • Tort Law - appeals in cases involving product liability claims, medical negligence claims and business torts, such as antitrust, lender liability and insurance coverage claims.
  • Commercial Litigation - appeals arising from claims of violations of the securities laws, laws governing trade secrets and unfair competition as well as disputes arising from every aspect of corporate and business transactions.
  • Labor and Employment - appeals primarily on behalf of employers from orders of the National Labor Relations Board and in cases involving breach of contract, wrongful discharge and discrimination claims.

One of our appellate attorneys formerly served as a judge on the Arizona Court of Appeals and previously was Solicitor General, Chief Counsel of the Tax Section, and chair of the Arizona Attorney General's Open Meeting Law Enforcement Team. The chair of the practice, Tim Berg, is past president of the American Academy of Appellate Lawyers.  Our attorneys have served and currently serve on the Appellate Handbook Committee of the State Bar of Arizona and are responsible for the chapters of the handbook relating to attorneys' fees on appeal. We also serve on the Advisory Committee of Division One of the Arizona Court of Appeals.