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APPELLATE
ADVOCACY
Representation of appellants and appellees in state and
federal
appellate courts.
The following are examples of our
representation in this practice area:
In a nationally recognized case,
Sprague & Sprague was successful in obtaining a ruling from the
Supreme Court of Pennsylvania rejecting the adoption of a First
Amendment-based neutral reportage privilege, and in convincing the Supreme
Court of the United States to deny certiorari despite opposing amicus
curiae filings by seventeen of the nation’s most prominent media
organizations.
An association of county
government officials came to the Firm for representation after a
Pennsylvania county lost a case which resulted in a major source of its
tax revenue being declared unconstitutional. We assumed representation of
the county on the appeal, in which the Supreme Court of Pennsylvania
reversed the lower court and declared the tax at issue to be
constitutional. We represented the county in successfully resisting a
Petition for Certiorari to the Supreme Court of the United States. On
remand to the trial court, we represented the county in developing and
implementing a program which resulted in the county, and other counties,
being able to substantially preserve the benefits of the tax for the years
at issue.
We represented on appeal a large
multinational manufacturer against whom a judgment had been entered in a
class action with over $50 million at stake. We succeeded on appeal in
persuading the appellate court to not only reverse the judgment, but to
order the trial court to decertify the class.
In another nationally recognized
case, Sprague & Sprague successfully represented one of Pennsylvania’s
counties and obtained a ruling from a federal appeals court overturning a
district court ruling on a habeas corpus petition that the petitioner, a
convicted murderer, was "actually innocent" which set her free.
As a result of the Firm’s efforts, the murderer was returned to prison
where she remains today.
An intermediate appellate court
voided a special purpose tax intended to fund a major public facility in
the largest city in a Pennsylvania county. The city, the county and the
authority charged with building the facility engaged Sprague & Sprague
to appeal to the Supreme Court of Pennsylvania where we successfully
achieved a reversal of the intermediate appellate court and, upon remand
to the trial court, a complete victory for our clients.
The Firm successfully represented
before a federal court of appeals a male victim of sex discrimination by
an Ivy League university in its hiring for an NCAA Division I head coach
position.
Acting pro bono, the Firm
obtained a ruling from the Supreme Court of Pennsylvania canceling
elections for the offices of Justice of the Supreme Court of Pennsylvania
and Judge of the Superior Court of Pennsylvania on the basis that the
elections had been illegally scheduled in violation of the Pennsylvania
Constitution.
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