Supreme Court and Appellate Litigation

Kramer Levin Supreme Court and Appellate Litigation lawyers have won numerous multibillion-dollar victories for clients in game-changing appellate court cases. For example, our lawyers have won defense victories in two major Supreme Court cases arising under the Americans with Disabilities Act (Barnes v. Gorman and Sutton v. United Air Lines) and have won numerous bankruptcy and distressed-debt appeals in the Second, Third, Fifth, Sixth and Eleventh Circuits, as well as the landmark Stern v. Marshall and Bank of America v. 203 North LaSalle in the Supreme Court.

Our Supreme Court and Appellate Litigation practice traces its roots to Marvin E. Frankel, the celebrated legal scholar, Southern District of New York judge, and Kramer Levin partner from 1983 to 2002, who regularly argued in appellate courts, including the Second Circuit and the Supreme Court. Today, our team includes many lawyers who have served in the U.S. Department of Justice, including the Office of the Solicitor General and U.S. attorneys’ offices. Our lawyers are ranked in Chambers USA (including band 1 nationwide) and hold memberships in such appellate-focused organizations as the American Academy of Appellate Lawyers and the Edward Coke Appellate Inn of Court.

Our appellate litigators engage in trial work, which ensures our ability to identify lower-court errors and preserve key issues for appeal. By often being involved from the start of a case, we know every detail, fully grasp the subtleties of each case and can present the most compelling arguments on appeal. As a result, our Supreme Court and Appellate Litigation team is frequently retained to continue advocating for clients we represented at trial. One of our partners, for example, was lead counsel at a trial in Bankruptcy Court resulting in a nine-figure victory for our client, on appeal to the District Court and ultimately at the Eleventh Circuit, where our client was again successful. We are also retained to handle appeals in cases litigated by other firms in the lower courts.

Our lawyers have won appeals in a wide array of novel cases and high-stakes matters for companies, municipalities, state governments, trade associations and individuals involving: 

• Antitrust
• Bankruptcy
• Civil RICO and white collar defense
• Corporate and securities matters
• Criminal law, including the death penalty
• Environmental law
• False claims
• Federal jurisdiction
• First Amendment, civil rights and other constitutional challenges
• Intellectual property issues
• Labor, employment and pensions
• Preemption
• Separation of powers
• Sovereign bond default

With insights gained and skills honed over decades litigating in federal and state appellate courts, we understand how appellate judges and opposing counsel think. As a result, we can anticipate issues, often avoid problems and readily develop strategies to resolve matters swiftly and cost-effectively.