Successfully challenging or defending a trial court’s decision on appeal requires an attorney with appellate experience, and Parsons Behle & Latimer’s Appellate practice team offers that experience. We have brought and defended appeals across the country, including appeals involving intellectual property in front of the Federal Circuit; appeals involving administrative law in front of the D.C. Circuit; and appeals involving a variety of areas in the Fifth, Sixth, Ninth and Tenth Circuits as well as the Utah Court of Appeals and the Utah Supreme Court.
With this extensive experience, we have come to recognize that appellate courts play by different rules, have different expectations and constitute an entirely different audience than their trial court counterparts. When we become your appellate team, you can be confident that we know those rules, we exceed those expectations and we understand how to please that audience. In addition to providing top-notch assistance on appeal, we can play a valuable role during trial, helping trial counsel preserve critical arguments and establish an appeal-friendly record.
As an example of our experience, one of our appellate group practice members convinced the Utah Supreme Court to side with her client on a difficult issue involving real property, while two other members persuaded the Tenth Circuit to affirm the district court’s dismissal of a case as a discovery sanction. See Lee v. Max, Int’l v. LLC, 638 F.3d 1318 (10th Cir. 2011). We have achieved similar success in almost every appellate court in the nation.
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Obtained Election Law Injunction
During the pandemic, secured an injunction in an election law matter that extended the time to request an absentee ballot for a primary election. At this time, the only way to request a ballot was online, and the website on which the request had to be made was inoperable days before the request deadline.
Idaho Supreme Court – Successful Defense of Lender Liability Claims
Represented JP Morgan Chase Bank, N.A. and successfully obtained summary judgment against borrowers who raised multiple counterclaims including bad faith and predatory lending practices. Chase obtained, and the Supreme Court held, that the district court did not err when it granted lender’s motion for summary judgment and denied the borrowers’ motion to amend the counterclaims to add a fraud claim. The Supreme Court concluded that the borrowers’ appeal was frivolous under Idaho Code Section 12-121 and awarded Chase attorney fees on appeal.
United States v. Scott, 747 Fed. Appx. 728 (10th Cir. 2018)
On direct appeal from criminal conviction, convinced Tenth Circuit in United States v. Scott, 747 Fed. Appx. 728 (10th Cir. 2018), to reverse defendant’s conviction on the ground that his substantial rights were violated because the jury instruction on constructive possession did not identify intent as an element.