Appellate

A key component of Chadbourne's reputation for excellence in both its commercial litigation practice and its products liability practice is its significant experience in representing clients in state and federal appellate courts throughout the United States. Our attorneys have extensive experience in federal appeals in matters ranging from consumer fraud class actions to RICO. In addition, we have particular capabilities in New York State appellate practice within both the Appellate Divisions of the New York State Supreme Court and the Court of Appeals.

At the forefront of Chadbourne's unique New York appellate practice is our partner, Judge George Bundy Smith, who served as an Associate Judge of the New York Court of Appeals, the state’s highest court, for 14 years, from 1992 until his retirement in 2006. Before serving on the Court of Appeals, Judge Smith was an Associate Justice of the Supreme Court, Appellate Division, First Department, from 1987 until 1992. During his tenure as a judge of the Court of Appeals and of the Appellate Division, Judge Smith authored opinions in dozens of decisions involving legal issues ranging from insurance to class actions to products liability to zoning disputes. Judge Smith's distinctive and vast experience in New York appellate matters serves as a solid core to Chadbourne's robust appellate practice.

• Representation of Glickenhaus Brewster Development in obtaining reversal by the New York Court of Appeals of an Appellate Division ruling that Glickenhaus was required to prepare a Supplemental Environmental Impact Statement in connection with a project that it was developing in Putnam County, New York.
• Representation of British American Tobacco (Investments) Limited and B.A.T Industries p.l.c. in successful interlocutory appeals to the District of Columbia Circuit of evidentiary rulings in the United States v. Philip Morris et, al. case pending in the D.C. District Court;
• Representation of Brown and Williamson Tobacco Corp. in a successful interlocutory appeal to the Appellate Division, Second Department, resulting in the dismissal of Plaintiff's fraud and conspiracy claims;
• Representation of Rockwell International Corporation in connection with a Federal Circuit appeal from the Department of Energy Board of Contract Appeals Decision, which resulted in an affirmance, allowing Rockwell several million dollars of costs under Rockwell's Rocky Flats contract.

In addition to the unique perspective of Judge Smith, Chadbourne's litigation ranks are filled with other seasoned attorneys whose appellate experiences and knowledge contribute greatly to Chadbourne's overall appellate talents, including several attorneys who served as clerks in various state and federal courts. Indeed, development of appellate expertise begins early at Chadbourne. Through its partnership with local pro bono service providers, virtually all Chadbourne associates brief and argue a criminal appeal within their first two years of practice.