Appellate

High-Stakes Appeals.
Seasoned Specialists.

FMJ attorneys have years of experience in assessing, briefing and arguing appeals at all levels of courts throughout the United States.

Appellate

Most disputes can be resolved through negotiation or trial. Sometimes the dispute is unresolved despite a trial, and legal errors can occur. When the outcome justifies the expense, an appeal to a higher court can be the only practical solution.

Success on appeal requires a fundamental shift in strategy and emphasis. On appeal, the focus shifts away from developing evidence and proving facts, and moves to legal precedent. Effective appellate advocacy demands a formulation of the issues focused on what is important to the panel of judges assigned to decide the case. Our appellate attorneys bring years of in-depth experience and skill to the complexities of appellate practice. They add breadth and depth to existing litigation support for firm clients in the early stages of litigation.

FMJ appellate attorneys provide both a legal and a practical assessment of cases in which an appeal is under consideration, either because it is needed to remedy a wrong trial result, or because the opposing party initiates an appeal. We serve both existing clients and clients represented at trial by other counsel, working closely with trial counsel to successfully meet the new challenges posed by the appellate process with maximum efficiency. Whether our client is seeking the appeal or is responding to an appeal brought by an adversary, we have the ability to synthesize and analyze the record and the law, as well as narrow the case focus to those issues most likely to bring client benefit and appellate success.

Our appellate attorneys optimize client results, bringing years of experience to every case, not only in state and federal courts, but also in federal appellate courts around the country, including the United States Supreme Court. Those appeals address issues across a wide range of subjects, including:

  • Aviation
  • Railroad
  • Business litigation
  • Contracts
  • Bankruptcy
  • Insurance coverage litigation
  • Real estate
  • Employment law
  • Title IX
  • Federal preemption
  • Products liability
  • Serious personal injury
  • Wrongful death

FMJ attorneys have years of experience in assessing, briefing and arguing appeals at all levels of courts throughout the United States. Whether it is advising our existing clients or partnering with outside counsel, we are prepared to develop and execute a winning appeal strategy.

Appellate Team

Appellate Resources

March 2024

In Re Bremer: What Really Constitutes a “Serious Breach of Trust?”

Patrick Rooney and David Ness analyze In Re Bremer and its impact on the legal standard in trust disputes/litigation. Read more

January 2024

Bradley Hutter Elected as Shareholder

Congratulations, Brad! Read more

August 2023

14 FMJ Attorneys Named to the 2024 Best Lawyers and Ones to Watch Lists!

We are proud to announce that 14 of our attorneys have been recognized in the 2024 editions of Best Lawyers in America® and Best... Read more

August 2023

Litigation and HR & Employment Attorney V. John Ella Joins FMJ!

We are excited to welcome John Ella to FMJ! Read more

August 2023

Litigation Attorney Anna Swiecichowski Joins FMJ!

We are pleased to welcome Anna Swiecichowski to FMJ! Read more

July 2023

16 FMJ Attorneys Named to the 2023 Super Lawyers and Rising Stars Lists!

We are proud to announce that 16 of our attorneys have been named to the 2023 Minnesota Super Lawyers and Rising Stars lists! Congratulations... Read more

October 2022

The Minnesota Supreme Court Formally Adopts the Common-Interest Doctrine, Which Protects Against Waiver of the Attorney-Client Privilege and Work Product Protection

The “common-interest” doctrine is an important legal principle that enables parties with common legal interests to share information without waiving the attorney-client privilege or... Read more

July 2022

Sixteen FMJ Attorneys Named to 2022 Super Lawyers and Rising Stars List

We are proud to announce that sixteen of our attorneys have been named 2022 Minnesota ‘Super Lawyers’ and ‘Rising Stars.’ Congratulations to our current... Read more

July 2022

CEO Corner | First 100 Days

The first 100 days of a presidential term tend to carry with it a lot of significance. It can give an indication of the... Read more

June 2022

Question and Answer: Bob Fafinski Discusses New Role as Chairman of the Board at FMJ

We announced last month that Heidi Carpenter will take hold of the reins as CEO on July 1, 2022, and that Bob Fafinski will... Read more

January 2021

FMJ’s New Office Space Featured in Minneapolis St. Paul Business Journal’s Cool Offices

Our newly renovated office space was featured in Minneapolis St. Paul Business Journal’s Cool Offices weekly feature. Our renovation was completed in May 2020... Read more

July 2020

Eleven FMJ Attorneys Named to 2020 Super Lawyers and Rising Stars Lists

We are proud to announce that eleven of our attorneys have been named 2020 Minnesota ‘Super Lawyers’ and ‘Rising Stars.’ Congratulations to our ranked... Read more

July 2019

FMJ Minnesota Super Lawyers 2019

We are proud to announce that 40% of our attorneys have been named 2019 Minnesota ‘Super Lawyers’ and ‘Rising Stars.’ Congratulations to our “Super... Read more

November 2018

FMJ Named Best of The Best by Southwest News Media

FMJ was chosen as the “Best Legal Firm” in Southwest News Media‘s Best of the Best Contest. This was the second year for Southwest... Read more

Other Practice Areas

Agriculture

Agriculture

Our Agriculture group has legal experience in all aspects of agribusiness, including general corporate and transactional matters, farm succession planning, and litigation. Our attorneys also represent many types of cooperatives and independent elevators, including grain, feed, chemical, and fuel.
Aviation & Transportation

Aviation & Transportation

Recognized nationally and internationally for our experience and insider knowledge of the transportation industries, our Transportation & Logistics attorneys are equipped with immense insight and a practical approach to complex logistical and legal issues.
Banking & Financial Institutions

Banking & Financial Institutions

Our Banking & Financial Institution team includes lending attorneys, bankruptcy attorneys, corporate attorneys, commercial and special asset attorneys, and attorneys with experience serving on bank loan committees, boards of directors of banks, and bank holding companies.
Bankruptcy & Insolvency

Bankruptcy & Insolvency

Our Bankruptcy & Insolvency attorneys represent creditors in all aspects of bankruptcy, reorganization, and workouts, and appear in courtrooms across the country. Our philosophy is to actively participate in every phase of the workout and reorganization process.
Competition & Trade

Competition & Trade

We work with clients daily to help them better compete in their marketplace, whether that be local, national, global, or virtual. Our goal is to understand our clients’ businesses and challenges and help them navigate the business and legal obstacles to success.
General Corporate & Business

General Corporate & Business

Our General Corporate & Business group works with organizations of all sizes, from start-ups to Fortune 500 companies, across all industries, helping them devise strategies and solve problems. Much of the work we do is contractual – structuring, negotiating, and reviewing contracts.
HR & Employment

HR & Employment

Our HR & Employment attorneys guide our clients through the complexities of employment procedures and policies, employee benefits, hiring and termination practices, and compliance with ever-changing employment laws. We combine our knowledge of the law with specifics of our clients’ businesses to produce optimal outcomes.
Insurance

Insurance

FMJ’s Insurance group represents commercial and nonprofit insurers, as well as serves as outside general counsel to fraternal insurance companies. We advise insurance companies on all aspects of corporate, nonprofit, and insurance law.
Intellectual Property

Intellectual Property

Our Intellectual Property attorneys assist with trademark and copyright registration, compliance and licensing, dispute resolution, and pre-dispute counseling. We also have the technical, business, and legal acumen necessary to provide counsel on various intellectual property matters.
Litigation

Litigation

From local courtrooms to the United States Supreme Court, our Litigation group has a proven track record of obtaining favorable outcomes for our clients in a wide variety of legal disputes. We specialize in commercial, general, employment, shareholder, insurance defense, product liability, aviation, transportation, real estate, and appellate litigation.
Manufacturing

Manufacturing

FMJ’s Manufacturing attorneys have been holistically representing manufacturers for two decades. From R&D, through supply chain, operations, distribution, and sale channels, we know your challenges. We have a history of efficiently solving our clients’ legal issues in every phase of manufacturing.
Mergers & Acquisitions

Mergers & Acquisitions

Our Mergers & Acquisitions team has handled deals collectively worth billions of dollars. With experience representing buyers, sellers and investors, we have the capacity and depth of knowledge to understand the issues that arise during the course of a transaction and offer solutions to ensure your deal moves forward and closes.
Nonprofit & Philanthropic

Nonprofit & Philanthropic

FMJ’s Nonprofit & Philanthropic group is passionate about assisting philanthropies and nonprofit organizations in carrying out their meaningful missions, paired with their extensive experience in an array of areas, makes the firm an ideal fit to help nonprofit and philanthropic organizations face the many nuances of nonprofit law.
Products Liability

Products Liability

With their expansive product knowledge and extensive experience, FMJ’s Products Liability group is able to handle cases effectively, efficiently, and with their clients' interests always at the forefront. The group has served as regional and national counsel to multi-level international Fortune 500 companies in 30 states for over 40 years.
Real Estate

Real Estate

Our Real Estate team has the experience and practical business knowledge necessary to navigate, negotiate, and manage the nuanced elements of real estate transactions, whether you are a business that has ongoing commercial purchase and sale or lease transactions, you are an experienced investor, or you are investing in real estate for the first time.
Sports & Entertainment

Sports & Entertainment

FMJ’s attorneys represent sports and entertainment entities of all sizes holistically and comprehensively. From contracts and operating agreements, through event planning, intellectual property, HR/employment, real estate, and even aviation, we know your needs and your challenges. FMJ is committed to solving each client's legal issues efficiently, so they can focus on their game, their craft, or their content.
Trusts & Estates

Trusts & Estates

Our Trusts & Estates group provides estate planning, estate administration, business and unique asset succession planning, estate controversy assistance and related services to individuals, closely-held businesses, tax-exempt organizations, and corporate fiduciaries. We are always accepting new clients and offer complimentary 30-minute initial consultations and flat-fee estate planning to fit every budget.