Appellate & Critical Motions

Critical motions are just that—critical. Whether it is a motion to dismiss, a motion to deny class certification, or a motion to exclude the plaintiffs’ causation expert, a strategic motion often represents the fastest, most cost-effective way to resolve complex litigation. Our ACM attorneys are creative in developing legal theories and skilled in executing litigation strategies that maximize the likelihood of a successful resolution, be it the dismissal of a case or a settlement on favorable terms.

Sometimes, trial is unavoidable. One of the things that sets our ACM attorneys apart is their deep integration with trial teams, both within the firm and otherwise. We are frequently retained to serve as motions counsel in large litigation, where we work cooperatively with our trial lawyers and those from other firms to form a cohesive team. During trial, our ACM attorneys—working either on-site or remotely—help lay the groundwork for future appeals, including through motions in limine, proposed jury instructions, and motions for judgment as a matter of law.

Our collaboration with lawyers from other law firms extends beyond individual cases. Clients represented by multiple firms but faced with important recurring issues have repeatedly called upon our ACM attorneys to serve as national coordinating counsel to ensure a consistent, strategic approach across their entire litigation portfolio. As coordinating counsel, our attorneys conceive legal arguments, develop litigation strategies, prepare model briefings, and serve as consultants to our clients’ other outside counsel.

Our Intellectual Property litigators have extensive experience handling appeals before the Federal Circuit. Over the past five years, our lawyers have handled more than 100 Federal Circuit appeals.

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We have a proven track record of success before the Illinois Appellate Court and the Supreme Court of Illinois. Whether it is a case we worked on in the circuit court or one we were retained to handle on appeal, our attorneys have the experience and know-how to win in the state’s appellate courts.

Over the past 10 years, our attorneys have litigated more than 150 appeals in Illinois—including approximately 40 cases before the Supreme Court of Illinois—in both civil and criminal cases. The civil matters have ranged from complex commercial litigation and insurance-coverage disputes to product liability, employment litigation, and motions for consolidation in multi-district litigation.

In federal matters, our ACM attorneys have appeared before the U.S. Court of Appeals for the Seventh Circuit nearly 200 times over the past decade. Contributing to this success is our lawyers’ experience as clerks on both the Supreme Court of Illinois and the Seventh Circuit.

We have been a formidable appellate force in Texas for more than a decade. Since 2011, our lawyers have litigated more than 100 appeals in the Texas Court of Appeals and the Fifth Circuit. Our team handles some of the region’s most high-profile and complex matters, including banking and finance, white-collar, intellectual property, employment, and environmental litigation, as well as civil-rights matters and pivotal pro bono cases.

Our attorneys have clerked for justices of the Supreme Court of Texas and judges on the Fifth Circuit. This firsthand experience with the courts informs our approach to arguing appeals before them.

Our ACM Practice is led by Supreme Court practitioner and former Supreme Court law clerk Linda Coberly. We regularly brief and argue cases on the merits in the Supreme Court, seek and oppose certiorari, and prepare amicus briefs. Among our recent wins, we secured a unanimous Supreme Court victory for classes of college athletes in their antitrust challenge to the NCAA’s no-compensation policy. In addition to our client and pro bono representations, Winston attorneys closely follow and provide critical analysis on key Supreme Court decisions that impact the business community.