Lawyers at the Firm know that practicing before appellate courts requires a different set of skills than trial court litigation. We have extensive experience representing companies, trade associations, and individuals in matters ranging from commercial disputes to technical federal environmental rulemakings and everything in between.
Our appellate team includes former law clerks for federal and state appellate courts, and we understand how appellate judges think. Attorneys in our appellate practice regularly practice in state appellate courts, the U.S. Circuit Courts of Appeals, and in administrative appeals in district courts.
From defending favorable trial court rulings to stepping in at the appellate level, the Firm’s appellate attorneys are well-equipped to address the unique challenges that appellate litigation poses.
Recent representative appeals successfully handled by firm attorneys:
- U.S. Circuit Court of Appeals ruling affirming dismissal of Americans with Disabilities Act failure-to-accommodate and wrongful discharge suit. Herrick v. Vail Corp., No. 23-1370 (10th Cir. Oct. 1, 2024).
- U.S. Circuit Court of Appeals ruling affirming dismissal on res judicata and failure to exhaust administrative remedies grounds in oil and gas royalty putative class actions involving post-deduction costs on oil production. Boulter v. Noble Energy, 74 F.4th 1285 (10th Cir. 2023).
- Colorado Court of Appeals opinion rejecting all claims in action against client gas gatherer that sought over $200 million in alleged damages arising from the client’s termination of dozens of gas purchase contracts and permanent shut down and abandonment of 900+ mile gas gathering system. Renegade Oil & Gas Co., LLC v. Anadarko Petroleum Corp., No. 23 CA 0129 (Colo. App. Mar. 7, 2024).
- U.S. Circuit Court of Appeals ruling affirming dismissal of putative class action involving trespass against oil and gas mineral rights owners. Bay v. Anadarko E&P Onshore, No. 21-1361 (10th Cir. July 18, 2023).
- U.S. Circuit Court of Appeals ruling affirming dismissal with prejudice of complaint that failed to meet federal pleading requirements based on vague allegations against over 25 defendants. Bralich v. Gayner, No. 21-1416 (10th Cir. Sept. 2, 2022).
- U.S. Circuit Court of Appeals ruling in favor of employer non-profit organization affirming trial court’s finding that employer did not violate the Family and Medical Leave Act. Mares v. Colorado Coalition for Homeless, No. 21-1001 (10th Cir. Dec. 7, 2021).
- Colorado Supreme Court opinion ruling in favor of clients and agency in case of first impression concerning the Colorado Oil and Gas Conservation Commission’s authority under the Colorado Oil and Gas Conservation Act. Colorado Oil & Gas Conservation Comm’n v. Martinez, 433 P.3d 22 (Colo. 2019).
- Texas Supreme Court decision upholding dismissal on statute of limitations grounds in oil and gas trespass suit based on contamination from tank batteries. ExxonMobil Corp. v. Lazy R. Ranch, No 15-0270 (Tex. 2017).
- Texas Supreme Court decision vacating Amarillo Court of Appeals decision involving nuisance and trespass claims against oil and gas operators based on permitted air emissions. Town of Dish v. Atmos Energy Corp., 519 S.W.3d 605 (Tex. 2017).
- U.S. Circuit Court of Appeals ruling rejecting challenge to U.S. Forest Service’s Colorado Roadless Rule that would have negatively impacted 13 Colorado ski areas operating on public lands. The Ark Initiative v. Tidwell, 816 F.3d 119 (D.C. Cir. 2016).
- U.S. Circuit Court of Appeals ruling vacating U.S. Environmental Protection Agency Federal Implementation Plan for regional haze on basis that mandated controls for power plants were not cost-effective. Texas v. EPA, 829 F.3d 405 (5th Cir. 2016).
- U.S. Circuit Court of Appeals ruling overturning adverse judgment against State of Texas and intervenors in Endangered Species Act water rights case involving whooping cranes and environmental flows. Aransas Project v. Shaw, 775 F.3d 641 (5th. Cir. 2014).
- U.S. Circuit Court of Appeals ruling in favor of ski area client in appeal involving the Administrative Procedure Act, Colorado Roadless Rule, and National Environmental Policy Act. The Ark Initiative v. Tidwell, 749 F.3d 1071 (D.C. Cir. 2014).
- Colorado Supreme Court decision protecting client against intrusive discovery in complex commercial litigation involving natural gas gathering and processing. In re DCP Midstream, LP v. Anadarko Petroleum Corporation, 303 P.3d 1187 (Colo. 2013).
- U.S. Circuit Court of Appeals decision rejecting challenges to oil and gas development authorizations. San Juan Citizens Alliance v. Stiles, 654 F.3d 1038 (10th Cir. 2011).
