Plaintiff side Appellate Forum

[swtlilsoni]

Is this a thing? I know there are lots of plaintiff/class action firms, but where do they send their appeals to? Do they handle them themselves?

I love the idea of P-side and I also love appellate law, so the combination of the two would be a dream. Where should I look into applying?

[anon168]

Is this a thing? I know there are lots of plaintiff/class action firms, but where do they send their appeals to? Do they handle them themselves?

I love the idea of P-side and I also love appellate law, so the combination of the two would be a dream. Where should I look into applying?

Most outsource it.

In fact, that's true for most firms (ex Biglaw).

There are a few plaintiffs-side class action firms that have in-house appellate lawyers (or depts) -- Robbins Geller, Hagens Berman and Lieff Crabraser come immediately to mind.

[Rlabo]

From my understanding (dealing mainly in securities/consumer class actions) it depends highly on the case and the firm, but the major class action firms have and will definitely handle appellate matters (Lieff and Labaton have both argued before SCOTUS in recent history). That being said, they don't exclusively handle appellate cases as they usually are the originators of the cases. They may also make use of other firms such as Kellogg Huber, MoloLamken etc.

[lavarman84]

Yes. This is a thing. Most smaller plaintiff firms will refer out the cases for the appeals process. There's a lot of specialization. You'll have the bigger plaintiff firms that advertise a lot and bring in a ton of cases who will refer those cases out to the trial lawyers if they can't settle them quickly and those trial lawyers will usually refer the cases out to appellate lawyers after the verdict unless they decide to settle the case rather than have it go through the appeals process.

[swtlilsoni]

So for the firms that outsource it, who do they outsource it to?

[thrib]

There are two national firms that stand out for being focused on handling major plaintiff-side appeals and constitutional issues. Both are based in DC but handle cases all over the country--in the U.S. Supreme Court and the lower courts:

1.) Gupta Wessler PLLC, Washington, DC - (http://www.guptawessler.com). "Gupta Wessler PLLC aims to be the nation’s premier private appellate boutique for plaintiffs and public-interest clients. We handle high-stakes cases in the U.S. Supreme Court and courts across the country, approaching each matter with a fresh perspective, a bird’s-eye view of the law, and a creative and strategic sense of how to frame the issues for success."

2.) Center for Constitutional Litigation, Washington, DC - (http://www.cclfirm.com) "An appellate firm for the plaintiffs’ bar since 2001, the Center for Constitutional Litigation, P.C. has represented parties in numerous high-profile cases in the Supreme Court of the United States and federal and state appellate courts. Trial lawyers from across the country turn to CCL to represent their clients in civil appeals involving complex legal issues, and also to assist at the trial level."

Gupta Wessler is the younger, more dynamic firm, and is doing work on an incredibly wide range of issues (class actions, arbitration, and consumer law to environmental justice, civil rights, and gun control) for both big and small plaintiffs' firms and non-profits. The lawyers have blend of top appellate and public interest credentials.

Center for Constitutional Litigation is older and smaller (just four lawyers) and is more focused on issues like constitutional challenges to damages caps. They seem to have an affiliation with the American Association for Justice, which is the national trial lawyers' organization.

Gupta Wessler has a summer associate program and a post-grad fellowship program: http://guptawessler.com/recruiting/

CCL's website doesn't say if they take summers or what their hiring policies are.

[Anonymous User]

From my understanding (dealing mainly in securities/consumer class actions) it depends highly on the case and the firm, but the major class action firms have and will definitely handle appellate matters (Lieff and Labaton have both argued before SCOTUS in recent history). That being said, they don't exclusively handle appellate cases as they usually are the originators of the cases. They may also make use of other firms such as Kellogg Huber, MoloLamken etc.

Both those firms also do plaintiffs' work, and a significant amount of plaintiffs' appellate work. Also note that most boutiques will not pigeon-hole you into a single practice area. So you can do appellate work and also plaintiffs' trial work.

[Rlabo]

From my understanding (dealing mainly in securities/consumer class actions) it depends highly on the case and the firm, but the major class action firms have and will definitely handle appellate matters (Lieff and Labaton have both argued before SCOTUS in recent history). That being said, they don't exclusively handle appellate cases as they usually are the originators of the cases. They may also make use of other firms such as Kellogg Huber, MoloLamken etc.

Both those firms also do plaintiffs' work, and a significant amount of plaintiffs' appellate work. Also note that most boutiques will not pigeon-hole you into a single practice area. So you can do appellate work and also plaintiffs' trial work.

Not sure which two you're referring to (Lieff/Labaton or Kellogg/Molo) but it's likely true for either grouping. I think my point was to say, in plaintiff's practice (well, at least the practice areas that I have been exposed to), it is likely a mistake to bifurcate trial and appellate work -- many firms do handle their own appeals, however, not exclusively, and if you're working on a trial, there's a decent chance that you will work on an appeal, if there is one. I do think that your characterization regarding pigeon-holing is not necessarily accurate, as while I know there are some firms that will let you work in all of their practice areas simultaneously, there are definitely firms with more siloed, distinct practices, and the associates/partners in those firms only practice in those areas (e.g. antitrust associates only handle antitrust, no securities or consumer cases). In re to working across multiple practice areas, it is definitely a firm-by-firm question.