Foulston Siefkin's appellate practice has two goals: winning on appeal and establishing sound precedent for the benefit of our clients. Our appellate lawyers bring to their cases thorough knowledge of appellate procedure and key areas of substantive law, including business torts, contracts, securities, antitrust, commercial code, labor and employment, medical malpractice, products liability and insurance law. Several of our lawyers have served as law clerks for federal and state judges, and two former partners currently serve on the Kansas Court of Appeals. Foulston Siefkin lawyers have established a reputation for incisive legal writing and determined advocacy, having been counsel of record in far more reported federal and state cases in Kansas than any other firm.
Our appellate lawyers become involved in cases at various stages of the litigation. We may be asked to consult with other law firms and their clients and provide second opinions as to whether to appeal and what issues and strategies to pursue or how to uphold a favorable decision. We also may handle the entire appeal after another firm has tried the case, and we have been successful in reversing adverse judgments when entering the case for the first time on appeal. In other cases, industry groups, trade associations or other interested parties have retained us to present their viewpoint in an amicus curiae brief on an important point of legal precedent.
In cases we litigate in the trial court, appellate lawyers work closely with the trial team to prepare for and handle appeals efficiently and effectively. In complex cases, appellate lawyers typically will be involved in jury instructions and objections and in briefing pretrial and post-trial motions. When an appeal is taken, appellate team lawyers assume the primary responsibility for preparation of the record on appeal and the appellate briefs, as well as the oral argument.
Our appellate lawyers are experienced in multi-party and multi-counsel cases and know how to work with teams of corporate counsel and co-counsel to coordinate strategy, work allocation, and quality control.
We are proud of the service done for our clients in previous cases and are prepared for the difficult challenge of establishing important precedent for clients in future cases.
Areas of Representation
We handle appeals involving many types of business and commercial litigation, including:
• Securities transactions
• Securities Broker-Dealers and Investment Advisors liability
• Directors and Officers liability
• Antitrust liability
• Liability of Banks and Financial Institutions
• Real Estate matters
• Intellectual Property matters (patent, copyright, trademark)
• Uniform Commercial Code cases
• Bankruptcy matters
• Construction cases
• Franchise cases
• Contract cases
• Environmental cases
• Tax cases
We handle appeals, involving:
• Title VII of the Civil Rights Act of 1964
• Employee Benefit Plans
• Equal Pay Act
• Americans with Disabilities Act
• Age Discrimination in Employment Act
• State Civil Rights Acts
• Workers' Compensation retaliation
We represent clients in appeals involving many insurance and personal injury disputes, including:
• Medical malpractice cases
• Liability of attorneys, accountants and engineers
• Insurance coverage matters
• Products liability cases
• Tortuous interference cases
• Workers' compensation cases
• Premises liability cases
• Motor vehicle cases
Other examples of matters handled on appeal include:
• Constitutional cases, involving the United States Constitution and State Constitutions
• Statutory Construction
• Educational Institution liability
• Tort claims involving fraud, misrepresentation, invasion of privacy and defamation
Koch Industries, Inc.
-The Kansas Prosecutor