Appellate Advocacy
Appellate advocacy refers to the legal representation by our attorneys before any state or federal court of intermediate or final appeal.
AREAS OF SERVICE
- Defending and prosecuting appeals and related writs:
- Appellate courts of Maryland, the District of Columbia, Virginia, Delaware, and West Virginia
- Handling appeals and related writs:
- Fourth and the D.C. Circuit Courts of Appeal
- Supreme Court of the United States
Due to the firm’s extensive experience and expertise litigating at the appellate level, the firm reports the following appellate successes:
- Court of Special Appeals of Maryland (Stephanie Gonzalez-Perdomo v. Six Flags America, L.P.) Additional details – https://www.fandpnet.com/fp-obtains-favorable-appellate-opinion-regarding-open-and-obvious-jury-instruction/. Opinion – https://www.fandpnet.com/wp-content/uploads/2020/12/Opinion-of-Judge-Berger-including-Negligence-information1237ALZ.pdf Oral argument – https://www.courts.state.md.us/sites/default/files/import/cosappeals/media/20201105_1620.mp4
- The United States Court of Appeals for the Fourth Circuit (Cowan Systems, Inc. v. Harleysville Ins. Co.).
- Maryland Appellate Courts (Reger v. Washington County Bd. of Ed., Perry v. Asphalt & Concrete Services, Inc., Anderson v. General Casualty Insurance Co. f/k/a Southern Guaranty Insurance Co. and Nova Research, Inc. v. Penske Truck Leasing Co., LP in the Court of Appeals of Maryland and Service Transport, Inc. v. Hurricane Express, Inc., and Sysco v. Harrell, in the Court of Special Appeals of Maryland).
- In Virginia — King v. Atrium and Lahmers v. Koons.
- Argument before Maryland’s intermediate appellate court, the Court of Special Appeals: https://www.courts.state.md.us/sites/default/files/import/cosappeals/media/20210208_0111.mp4 (if you experience difficulty viewing this video, right click and “save as” to download the file to your computer). Franklin & Prokopik principal David A. Skomba argues for the Board of Education in a workers’ compensation action.
- Argument before Maryland’s intermediate appellate court, the Court of Special Appeals: https://www.courts.state.md.us/sites/default/files/import/cosappeals/media/20201105_1620.mp4 if you experience difficulty viewing this video, right click and “save as” to download the file to your computer). Franklin & Prokopik principal David A. Skomba argues for a theme park in a premises liability action. (Reported opinion reversing the trial court and remanding for a new trial with jury instructions on “open and obvious” defense approved; https://www.courts.state.md.us/data/opinions/cosa/2020/1620s19.pdf)
- Maryland Court of Appeals: https://www.fandpnet.com/marylands-court-of-appeals-upholds-complete-reversal-of-400000-jury-verdict-in-premises-liability-case-involving-claims-of-vicarious-liability-and-spoliation/
- Maryland’s Court of Special Appeals: https://www.fandpnet.com/fp-obtains-dismissal-of-workers-compensation-claimants-action-for-judicial-review-in-reported-decision-from-md-court-of-special-appeals/
Firm Qualifications
The attorneys in Franklin & Prokopik’s Appellate Advocacy practice are all experienced trial counsel and often asked to assist trial counsel in review of appellate issues before, during and after the trial. They are often able to make the record “speak” to the issues and concerns of the particular appellate tribunal, which are frequently based on matters of public policy and are often quite distinct and different from those important to a trial judge and jury.