01.
Appeals
Henderson Parks has experienced appellate advocates familiar with the unique procedures and processes in the appellate courts. Our lawyers are often separately engaged as appellate counsel to bring a fresh perspective to appeals and craft arguments that will resonate with appellate courts.
Appellate courts operate differently from trial courts and a case on appeal can be markedly different than the case before the trial court. Appellate courts usually try to harmonize individual cases within the greater context of the existing law. Appellate courts generally need to be convinced that ruling in favor of one particular side on an issue will be consistent with existing doctrines or public policy.
Experience. The lawyers at Henderson Parks have briefed and argued over 75 appeals in appellate courts across the country, including filing as amicus curiae before the United States Supreme Court. Precedent setting cases include:
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Sullivan v. Flora, Inc., 936 F.3d 562 (7th Cir. 2019) (defining the scope of Copyright damages)
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Hernandez v. Bridgestone Americas Tire Operations, LLC, 831 F.3d 940 (8th Cir. 2016); (determining whether mandatory overtime should be included in FMLA leave allotment calculation);
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Northwestern Memorial Hospital v. Sharif, 2014 IL App (1st) 133008 (setting the standards for proving fraudulent transfer);
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Monica Gonzalez-Servin, et al v. Ford Motor Company, et al., 662 F.3d 931 (7th Cir. 2011) (applying forum non conveniens principles to multidistrict litigation involving foreign incidents); and
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Burnett v. Stroger, 905 N.E.2d 939 (Ill. 1st Dist. 2009) (defining the authority of the Cook County Board over the Public Defender)
Our lawyers created a guide of what to expect in federal appellate arguments that can be viewed here: Oral Arguments
