Appellate

 

 

 

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Martin Clearwater & Bell LLP has a team of dedicated specialists skilled in the art of appellate advocacy in state and federal courts. These skilled appeals attorneys have worked extensively in every practice area for which MCB is known. In addition, our appellate attorneys are regularly called upon to teach and advise other lawyers in this specialized practice area.

 

 

A  successful appeal  begins  at  the  trial level, where members of MCB’s Appellate Department work closely with the Firm’s trial attorneys to:

 

• Protect the record

 

• Frame key issues

 

• Assure that the most persuasive arguments are presented at each stage of the proceedings

 

• Offer objective advice and analysis throughout the post-verdict and appellate phases of the litigation.

 

 

MCB Result: Dismissed.

 

A multi-million dollar judgment in a MCB case involving the death of a new mother from breast cancer was reversed on appeal and the action dismissed, based on the plaintiff’s failure to establish proximate causation. The Appellate Division held that no rational view of the evidence could support a finding that the misreading of pathology slides by the physician resulted in a diminution of the decedent’s life expectancy. Even though the plaintiff’s experts had testifed that the misreading of the pathology slides resulted in a delay in the diagnosis of cancer, this did not establish causation since it was uncontested that the cancer had already metastasized to the decedent’s bones and liver, thereby, in the words of the Appellate Division, ‘tragically sealing her fate.’

As appellate attorneys, their zealous advocacy has helped shape the law of New York State through their  cutting-edge approach,  earning  the  respect of adversaries,  clients and  judges alike. Whether the  objective  is  to chage an  adverse  result  or uphold   a  favorable  one,  attorneys  in  the  MCB Appellate Department  know how  best to  proceed. They are attuned to their clients’ needs and stand ready to offer a fresh perspective on challenging issues.

 

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