Appellate

The appellate attorneys with Jennings Haug Cunningham represent a wide variety of business and individual clients before state and federal appellate courts. Our firm is named in more than 300 published decisions and has been instrumental in the development of Arizona appellate law.

Services Provided by our Appellate Practice:

  • Post-trial motion work to ensure relevant issues and documents are included in the official record of the trial court, including motions for new trial and motion for judgment notwithstanding the verdict
  • Appeals evaluation, providing an assessment of the case and a recommendation on whether or not to appeal a particular issue or issues
  • Full-service appellate work, handling the entire appellate case or serving as co-counsel with the attorney who appeared before the trial court
  • Special actions, involving a request for appellate relief prior to the conclusion of the trial court proceedings

Our appellate attorneys represent appellants and appellees in civil appeals, whether or not we served as counsel in the underlying case or not. We will handle litigation from inception through final appeal. We also are retained by trial counsel to assist their clients and will accept cases directly from clients seeking to appeal a lower court ruling.

We handle a wide range of appellate matters, including:

  • Business bankruptcy, including seeking an interpretation of the Internal Revenue Code and IRS regulations from the U.S. District Court for the District of Arizona or the Bankruptcy Appellate Panel
  • Business law appeals of contractual matters in dispute
  • Construction law appeals, including payment on contracts, contractual interpretation, indemnification and hold harmless clauses
  • Employment law appeals, including the terms of employment contracts, discrimination and wrongful termination cases, defamation and libel cases
  • Personal injury and wrongful death appeals involving the elements of a claim, burden of proof, whether there is a duty owed, and whether punitive damages are appropriate
  • Professional malpractice, including medical malpractice, legal malpractice, insurance agent malpractice and accounting malpractice
  • Surety & Fidelity cases on behalf of bonding companies
  • Liability and insurance defense appeals, which includes policy interpretation and coverage issues, duty to defend, and duty to indemnify

Experience in Court / Expertise in the Classroom

Our experienced appellate attorneys have represented clients in appeals filed in the Arizona Court of Appeals, the Arizona Supreme Court, the 9th Circuit Court of Appeals, the U.S. District Court for the District of Arizona (for bankruptcy appeals), various state Courts of Appeals, including Georgia, Maryland, and Illinois; the Bankruptcy Appellate Panel, United States Court of Federal Claims and the U.S. Supreme Court.

Several of our attorneys are called upon to lecture on appellate advocacy and some have also taught at local law schools on appellate related topics.

Representative Appellate Published Opinions

  • Butch Randolph & Associates, Inc. v. International Fidelity Ins. Co., 212 Ariz. 550, 136 P.3d 232, (App. 2006) (Unlicensed subcontractor who provides materials and hires licensed contractor to perform installation work falls under material supplier exception to license laws.)
  • L. Harvey Concrete, Inc. v. Agro Const. & Supply Co., 189 Ariz. 178, 939 P.2d 811 (App. 1997) (Court affirms "pay-if-paid" provision, and determines that an owner's "gross mistake of fact" may require payment notwithstanding owner's lack of payment)
  • Big D Const. Corp. v. Court of Appeals, 163 Ariz. 560, 789 P.2d 1061, 89 A.L.R.4th 567 (1990) (Court declares Arizona's bid preference statute unconstitutional)
  • Brown Wholesale Elec. Co. v. Beztak of Scottsdale, Inc., 163 Ariz. 340, 788 P.2d 73 (1990)(Court adopts "joint check rule")
  • U.S. Fidelity & Guar. Corp. v. Advance Roofing & Supply Co., Inc., 163 Ariz. 476, 788 P.2d 1227 (App. 1989) (Court considers coverage under contractor's general liability policy for defects in workmanship)
  • Dodge v. Fidelity and Deposit Co. of Maryland, 161 Ariz. 344, 778 P.2d 1240, 58 USLW 2018 (1989) (Court determines that performance bond surety on owner-occupied residential construction may be liable in tort for breach of duty of good faith and fair dealing)
  • Pioneer Roofing Co. v. Mardian Const. Co., 152 Ariz. 455, 733 P.2d 652, 38 Ed. Law Rep. 331 (App. 1986) (Court allows subcontractor's recovery from prime contractor to be passed through to the owner and the owner's representatives)
  • Murdock-Bryant Const., Inc. v. Pearson, 146 Ariz. 48, 703 P.2d 1197 (1985) (Court affirms recovery under theory of unjust enrichment)
  • Associated Indem. Corp. v. Warner, 143 Ariz. 567, 694 P.2d 1181 (1985) (Court held that (1) statute governing discretionary award of attorneys' fees to successful litigants in contract actions does not establish presumption that attorney's fees be awarded in such actions.)
  • U.S. Fidelity and Guar. Co. v. Powercraft Homes, Inc., 141 Ariz. 71, 685 P.2d 136 (App. 1984) (Court discusses notice requirements under an insurance policy.)

Attorneys

The Arizona appellate attorneys at Jennings Haug Cunningham are: James L. Csontos, Jack R. Cunningham, Jorge Franco Jr, Brian D. Myers, Edward Rubacha, Chad L. Schexnayder, Mark E. Barker, Matthew H. Sloan, Blake E. Whiteman, William F. Haug and Robert J. Lamb.

Contact Us When Experience Matters

Contact an appeals lawyer at Jennings Haug Cunningham. We serve businesses throughout the state of Arizona, including greater metropolitan Phoenix, Tucson, Flagstaff, Yuma and Prescott; and accept select cases elsewhere in the southwest United States, including California and Colorado.