Appellate Litigation

Kaplan Hecker & Fink lawyers have litigated cases in numerous state and federal appellate courts, including the U.S. Supreme Court, the federal Courts of Appeals and state courts of appeals. Kaplan Hecker lawyers also have clerked on multiple appellate courts, including the U.S. Supreme Court, the Second Circuit, the New York Court of Appeals, and the Australian and Israeli Supreme Courts. Our appellate practice spans all areas of our commercial litigation practice.

Representative appellate litigation matters include:

  • Represented the City of Philadelphia at the U.S. Supreme Court in opposing review of a First Amendment challenge to the City’s non-discrimination requirements for foster care providers.
  • Represented Ambac Assurance Corporation at the U.S. Supreme Court in seeking certiorari to address in rem jurisdiction over corporate trusts.
  • Submitted an amicus brief to the U.S. Supreme Court on behalf of NACDL supporting certiorari to review due process limits on in-court eyewitness identifications of doubtful reliability.
  • Submitted an amicus brief to the U.S. Supreme Court on behalf of legal scholars opposing the addition of a citizenship question to the 2020 census.
  • Submitted an amicus brief to the U.S. Supreme Court on behalf of former Solicitors General demonstrating that Title VII's plain text prohibits discrimination based on LGBT status.
  • Submitted an amicus brief to the U.S. Supreme Court on behalf of legal scholars arguing in favor of a damages remedy for unconstitutional conduct in cross-border shooting case.
  • Submitted amicus briefs to the Washington Supreme Court and U.S. Supreme Court on behalf of church-state scholars explaining why religious objections could not defeat anti-discrimination laws protecting LGBT people.
  • Submitted amicus briefs to the Fourth Circuit, Ninth Circuit, and U.S. Supreme Court on behalf of constitutional law scholars explaining why President Trump's "travel ban" violated the Establishment Clause.
  • Represented Maryland and the District of Columbia in the Fourth Circuit in an Emoluments Clause lawsuit against President Trump.
  • Represented private plaintiffs in the Second Circuit in an Emoluments Clause lawsuit against President Trump.
  • Represented T-Mobile in federal appellate proceedings concerning various tort and contract claims.
  • Represented the Federal Defenders of New York in a Second Circuit appeal challenging arbitrary restrictions on attorney access at the Metropolitan Detention Center in Brooklyn, NY.
  • Represented a non-profit healthcare provider in a Second Circuit appeal of a post-trial damages ruling.
  • Submitted amicus briefs to the Third and Ninth Circuits on behalf of church-state scholars challenging the imposition of broad religious exemptions from the Affordable Care Act's contraceptive coverage requirement.
  • Submitted an amicus briefs to the Iowa Supreme Court and Ninth Circuit arguing for strict scrutiny of classifications based on transgender status.
  • Represented an individual in an appeal of an adverse standing ruling in a high-profile custody case.

Prior to joining Kaplan Hecker, some of our lawyers’ representative appellate litigation matters included:

  • Represented Edith Windsor in her challenge to the Defense of Marriage Act before the Second Circuit and the U.S. Supreme Court, which struck down the key provision of the Defense of Marriage Act as unconstitutional.
  • Defended a post-trial judgment in favor of a Fortune 500 company in an appeal to a federal appellate court and against a petition for a writ of certiorari to the U.S. Supreme Court.
  • Submitted amicus briefs to the U.S. Supreme Court in criminal justice matters.
  • Represented parties at the U.S. Supreme Court in certiorari-stage proceedings addressing copyright law, the Second Amendment, federal preemption, consumer protection, and limitations periods.
  • Served as co-counsel to a U.S. Supreme Court-appointed amicus in merits-stage proceedings.
  • Represented T-Mobile in Second Circuit appeal of district court decision dismissing the case against the company as a sanction for fraudulent conduct by the plaintiff and his counsel.
  • Represented a government official in the DC Circuit challenging the designation of an acting agency head.
  • Represented an inmate in the Ninth Circuit challenging a three-strikes designation under the PLRA.
  • Represented a private hospital in the Sixth Circuit on appeal of an adverse False Claims Act determination.
  • Submitted amicus briefs in the Fourth and Seventh Circuits regarding Second Amendment issues.
  • Submitted amicus briefs in the Fourth and Seventh Circuits regarding Second Amendment issues.