Appellate | McGlinchey Stafford PLLC

It is not only McGlinchey’s existing clients who depend on the firm’s Appellate Team to handle appeals.

General counsel and litigation counsel in national companies, along with lawyers in other firms, retain our appellate attorneys after they have had other trial lawyers on a case. Among the many successes of the McGlinchey Appellate team are cases involving:

Commercial transactions
Constitutional law
Education litigation
Labor law
Legal ethics
Lending law
Local governmental zoning
Property and contractual conflicts
Real estate and finance
Taxation

The McGlinchey Appellate Team includes lawyers who have served on state and federal rules committees. Moreover, our lawyers have been recognized by their peers for their appellate skills by being selected as members of appellate organizations including the American Academy of Appellate Lawyers, and by serving as officers of appellate bars, including as President of the Bar Association of the Fifth Federal Circuit. In addition, a number of our appellate attorneys are former state and federal judicial law clerks, including those who have clerked in state supreme courts and in the U.S. Fifth Circuit Court of Appeals.

Contact your McGlinchey Appellate team for our latest insights about the following:

The climate for appeal proceedings. With oral argument diminishing in appellate cases, it is important for clients who are appellants to persuade the appellate court to grant oral argument. While oral argument may not always change the judges’ minds, the back-and-forth colloquy often can reframe the case and how the ultimate opinion approaches the issues.

Appellate judges receive thousands of pages of briefs a month. We know that judges are inundated with paper, and we pride ourselves on making every court document – writs, briefs, motions – not only accurate but also eminently readable and persuasive. We follow closely all of the courts in which we bring appeals, and we work to phrase the issues in a manner that both captures the court’s attention and demonstrates the merits of our client’s position.

Jay O’Brien

jobrien@mcglinchey.com

T. Dylan Reeves

dreeves@mcglinchey.com

Michael H. Rubin

mrubin@mcglinchey.com

Successful Representation of Client in Appellate Matter Involving Exception of Prescription
On behalf of our client, McGlinchey attorneys convinced the Louisiana First Circuit Court of Appeal to affirm dismissal of a case filed by the plaintiff on an exception of prescription. The case, dealing with the type of evidence a creditor must submit in order to interrupt prescription on a demand promissory note under La R.S.More
Construction Matter Before the Louisiana Supreme Court
Successfully represented a client before the Louisiana Supreme Court, the Louisiana First Circuit Court of Appeal, and the trial court on the issue of whether a contractor breached the contract with the client and whether the contractor was statutorily immune for its breach because the contractor alleged it had built the project in accordance withMore
Representation of National Bank in Mortgage Foreclosure Dispute in Louisiana Fifth Circuit Court of Appeal
Successfully represented a national bank on an issue of first impression before the Louisiana Fifth Circuit Court of Appeal. The bank foreclosed on a mortgage through executory process. The property owner was served with the notice of seizure and sale. Several days before the scheduled sale, the property owner filed for bankruptcy protection. However, afterMore
Firm Earns Appellate Victory for Airline Client in Personal Injury Case
Obtained a favorable decision by the Fifth Circuit Court of Appeal granting firm airline client’s motion to dismiss a plaintiff’s claim of defective seating configuration within an aircraft, which he claimed caused him deep vein thrombosis (DVT). Previously, the 24th Judicial District Court in Jefferson Parish, Louisiana had granted the exception of no cause ofMore
Firm scores large victory for a worldwide energy provider client in Arceneaux v. Syngenta et. al.
A wrongful death suit involved negligence and intentional tort claims brought by the client’s former employee who sustained a single workplace accident against multiple defendants, which allegedly caused the plaintiff to contract terminal lung cancer. The matter was actually referred and transferred by the client to McGlinchey from another firm after the Court originally denied our client’s summary judgment.More
Successfully overturned judgment on appeal finding that client’s claim was time-barred.
Representing a national mortgage servicing company, was successful in getting a judgment finding that the client’s foreclosure claim was time-barred reversed on appeal.
Persistence and a Lean, Long-Term Strategy Made the Difference in Opening the Way for Charter Schools in New Orleans
Where we started: When Hurricane Katrina devastated the City of New Orleans, it destroyed most of the city’s public-school buildings. The planned rebuilding of the city’s education system included a prominent role for charter schools – a watershed moment for primary and secondary education in Louisiana. Teachers’ unions opposed the plan because charter schools replacedMore
Getting Royalty Interests Right: Appeal Preserves Longstanding Industry Interpretations of Mineral Interests
Where we started: Our client, a global petrochemical company, was the holder of an overriding royalty interest (ORRI) valued at hundreds of millions of dollars on an oil field on the outer continental shelf adjacent to Louisiana. After years of litigation, a federal district court held that the mineral instruments creating the ORRI did notMore
Recoverability of Attorney’s Fees
Mutual Concepts, Inc. v. First Nat. Bank of Omaha (495 Fed.Appx. 514) Court of appeals reversed district court judgment awarding attorney’s fees against bank client because attorney’s fees were not recoverable under Nebraska law.
Santander Consumer USA, Inc. v. Palisades Collection, LLC (447 S.W.3d 902)
Court of Appeals reversed in part and rendered in part a summary judgment against the client financial services company for breach of contract based on the application of the statute of limitations.
Complete reversal of erroneous unclean hands determination and reduced loan amount in favor of lender
btained a reversal of final judgment of foreclosure, remanded to the trial court with instructions to enter a final judgment in the full amount sought by plaintiff at the non-jury trial. The appellate court agreed that the trial court erred by finding that the plaintiff acted with unclean hands and compounded the error by entering a final judgment for a reduced amount.

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News Release / August 15, 2024

74 McGlinchey Attorneys Recognized in 2025 Best Lawyers, Ones to Watch

McGlinchey Stafford is proud to announce that 74 of its attorneys have been recognized in the 2025 edition of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America.

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McGlinchey Attorneys Update Florida Bar Association’s Business Litigation in Florida (Twelfth Edition)

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Getting the Band Back Together: Nashville Litigator Dylan Reeves Rejoins McGlinchey

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