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Appellate Practice

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The very best appellate practitioners are skilled brief writers and effective oral advocates. They bring value both as seasoned appellate attorneys and as strategic partners before and during trial.

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Dowdy vs. BNSF Railway Company June 28, 2023
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Why Baker Donelson?


65+ litigators served as federal and state appellate clerks and state supreme court clerks
Handled 60+ cases with review granted or sought by the U.S. Supreme Court

Featured Experience


Defended large municipality against water rights suits seeking to cut off access to its underground aquifer.  The U.S. District Court, Court of Appeals and the Supreme Court of the United States preserved the municipality's access to the aquifer.

Obtained a decision in the Supreme Court of Tennessee, reversing the trial court, that class actions are not allowed under the Tennessee Consumer Protection Act.

Represented one of the largest tank barge operators in the United States in a collective action filed pursuant to the Fair Labor Standards Act. The Fifth Circuit reversed the district court's ruling and rendered judgment in favor of our client.

Practice Overview


Baker Donelson's Appellate Group members are experienced litigators and understand firsthand the types of concise, strategic arguments expected by appellate courts. We regularly partner with trial counsel in anticipation of an appeal to produce results in line with the client's desired business outcome. We also come into cases to handle post-trial motions and appeals when other lawyers have achieved a result that was not what the client wanted.

Nationally and regionally-recognized litigators, our attorneys' experience with appellate courts and issues is vast, and we leverage that on behalf of our clients when brought on to the case. We work closely with trial counsel to give our clients the benefit of both the trial attorneys' knowledge and the appellate attorneys' unique skills and experience. Our attorneys are often retained to handle pre- and post-judgment proceedings and appeals at the request of the client, trial counsel or the client's insurance carrier. If retained before trial, we also are able to assist trial counsel in preserving issues when an appeal is anticipated.

Where We Practice

We are regularly involved in scores of appeals touching upon all areas of the Firm's broad litigation practice. Our attorneys have been involved in more than 60 cases in which review was granted by or sought before the U.S. Supreme Court. The Group has handled cases in the appellate courts across and beyond Baker Donelson's footprint in Alabama, Arkansas, Florida, Georgia, Louisiana, Maryland Mississippi, South Carolina, Tennessee, Texas, Virginia and the District of Columbia, including the:

  • U.S. Supreme Court;
  • U.S. Court of Appeals for the Federal Circuit;
  • U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits;
  • U.S. Court of Appeals for the District of Columbia Circuit;
  • U.S. Court of Federal Claims;
  • U.S. Tax Court;
  • U.S. Court of Appeals for Veterans Claims;
  • U.S. District Courts;
  • Bankruptcy Courts;
  • State Supreme Courts; and
  • State intermediate Courts of Appeal.

Who We Are

Nationally and regionally-recognized litigators, our attorneys include a former U.S. District Court Judge, retired Circuit Court Judge and a Georgetown University faculty member who teaches constitutional law. Our team also includes founding members of the Appellate Practice Sections of the Alabama, Mississippi and Tennessee State Bar Associations; members of the former Tennessee Appellate Court Nominating Commission; and former chair of the Tennessee Judicial Selection Commission. Several individuals in our group are active members of "by invitation only" organizations of trial lawyers such as the American College of Trial Lawyers, American Board of Trial Advocates and Litigation Counsel of America.

We offer strategic guidance informed by service as law clerks or staff attorneys on federal and state courts, including the:

  • U.S. Courts of Appeals for the First, Fourth, Fifth, Sixth, Ninth and Eleventh Circuits;
  • U.S. Court of Appeals for the Federal Circuit;
  • U.S. Court of Federal Claims;
  • U.S. Tax Court;
  • U.S. District Courts in Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, New York, North Carolina, Tennessee, Texas and Virginia, including Bankruptcy Courts;
  • State Supreme Courts in Alabama, Arkansas, Louisiana, Mississippi, Tennessee and Texas; and
  • State courts of appeal and trial courts.

Baker Donelson's appellate attorneys are involved in many professional organizations and committees dedicated to improving the appellate practice and process, including the American Academy of Appellate Lawyers, American Bar Association Appellate Practice Committees, DRI Appellate Practice Committee, International Association of Defense Counsel Appellate Practice Committee and state bar association sections and committees.

The issues we have handled on appeal and at the trial level are as diverse as the Firm's litigation practice. We have also prepared amicus briefs for trade associations or other parties interested in an appeal.

  • Defended large municipality against water rights suits seeking to cut off access to its underground aquifer.  The U.S. District Court, Court of Appeals and the Supreme Court of the United States preserved the municipality's access to the aquifer.

  • Received per curiam ruling in the Eleventh Circuit affirming trial court's grant of summary judgment in a pharmaceutical case. Brought as a false advertising claim under the Lanham Act, the plaintiffs claimed our client's product was being marketed, without adequate testing, as substitute for theirs and was therefore bioequivalent to theirs. The trial court stated the burden of proof remained with the plaintiff, and the Eleventh circuit agreed.

  • Persuaded Maryland's highest court to overturn ruling that would have allowed borrowers to rescind mortgages long after the Truth In Lending Act's three-day limit.

  • Successfully obtained reversal of Eleventh Circuit decision for CSX Corporation before the U.S. Supreme Court, on issue of whether the state of Georgia had over-valued CSX's property in Georgia for property tax purposes. Saved the client several million dollars for the tax year at issue and subsequent tax years.

  • Obtained a decision in the Supreme Court of Tennessee, reversing the trial court, that class actions are not allowed under the Tennessee Consumer Protection Act.

  • Successfully defended trial court's dismissal of lawsuit by Catholic visionary seeking personal control over assets of nonprofit organization that had declined to follow visionary's instructions. Issues included First Amendment, civil Racketeer Influenced and Corrupt Organizations Act (RICO), fraud, implied trust, Georgia Charitable Solicitations Act and breach of fiduciary duty.

  • On issue of first impression in the United States Court of Appeals for the Eleventh Circuit, overturned the trial court's order permitting employees discharged for refusing to sign an arbitration agreement to sue for wrongful retaliation under Title VII, ADEA and ADA.

  • On an issue of first impression, obtained decision dismissing claims by doctor concerning statements made to peer review committee. Case was resolved under the Tennessee Peer Review Law and the Health Care Quality Improvement Act.

  • Overturned a federal district court's $500,000 judgment against a hospital client based on changes in medical care benefits for retirees. The issues included preemption, vesting of benefits, estoppel, fiduciary duty and compensatory damages under ERISA.

  • Successfully defended a jury's findings of trade dress infringement and design patent infringement concerning women's apparel and accessories in the United States Court of Appeals for the Federal Circuit.

  • Successfully defended an appeal to the Sixth Circuit Court of Appeals by an employee seeking to avoid the forum selection clause contained in an employment contract. The Court affirmed the propriety of the removal of the case to federal court and found the forum selection clause designating Brazil as the appropriate forum wholly enforceable.

  • Successfully represented Medicaid-managed care organizations and state trade association in United States Court of Appeals for the Sixth Circuit in action seeking fairness hearing on Medicaid class action settlement imposing significant new burdens on MCOs.

  • Represented managed care company in enforcement of arbitration clause in network physician agreement. Trial court held clause unenforceable; Tennessee Court of Appeals reversed.

  • Successfully defended property insurance policy provisions under Mississippi law related to wind, water and anti-concurrent causation in the U.S. Court of Appeals for the Fifth Circuit following Hurricane Katrina.

  • Represented one of the largest tank barge operators in the United States in a collective action filed pursuant to the Fair Labor Standards Act. The Fifth Circuit reversed the district court's ruling and rendered judgment in favor of our client.

  • Argued one of the first Medicare exclusion cases to be appealed to federal court: Anesthesiologists Affiliated v. Sullivan, 941 F.2d 678 (8th Cir. 1991).

  • Obtained the dismissal of multiple health care liability lawsuits based on the plaintiff's failure to comply with the requirements of the Tennessee Healthcare Liability Act, including successfully defending a dismissal on appeal.

  • Successfully represented a large Ohio health insurer accused of orchestrating a boycott of an insurance agent; all claims were dismissed pretrial and affirmed on appeal by the Sixth Circuit.

  • Obtained a favorable ruling in the United States Court of Appeals for the Sixth Circuit on behalf of the client in a dispute over an early termination provision in a commercial lease after previously obtaining a summary judgment in the client's favor at the district level. The ruling saved the client more than $2.5 million.

Federal Court Clerkships

United States Court of Appeals

United States Court of Federal Claims

United States District Courts

Alabama

  • Kevin R. Garrison, U.S. District Court for the Middle District of Alabama, Chief Judge W. Keith Watkins
  • William G. Somerville, U.S. District Court for the Northern District of Alabama, Judge Seybourn H. Lynn
  • Boston Topping, CIPP/US, U.S. District Court for the Northern District of Alabama, Chief Judge L. Scott Coogler

Arkansas

  • Pete A. Brunson, U.S. District Court for the Western District of Arkansas, Judge Timothy L. Brooks
  • Ryan P. Loofbourrow, U.S. District Court for the Eastern District of Arkansas, Judge Jerome T. Kearney
  • M. Kim Vance, U.S. District Court for the Western District of Arkansas, Chief Judge Franklin Waters

California

  • Jamie L. Kastler, U.S. District Court for the Eastern District of California, Judge Sheila K. Oberto

Delaware

  • Destiney Parker-Thompson, U.S. Bankruptcy Court, U.S. District Court for the District of Delaware, Judge Craig T. Goldblatt

Georgia

  • Kathleen G. Furr, U.S. Bankruptcy Court, U.S. District Court for the Northern District of Georgia, Judge Wendy L. Hagenau

Indiana

  • Lindsay E. Ray, U.S. District Court for the Southern District of Indiana in Indianapolis, Judge Mark J. Dinsmore

Kentucky

  • Whitney M. Dowdy, U.S. District Court for the Eastern District of Kentucky, Judge Karl S. Forester

Louisiana

  • Brian M. Ballay, U.S. District Court for the Eastern District of Louisiana, Judge Carl J. Barbier
  • Derbigny Daroca, U.S. District Court for the Eastern District of Louisiana, Judge Wendy B. Vitter
  • Stefanie J. Doyle, U.S. District Court for the Middle District of Louisiana, Judge Brian A. Jackson
  • Christopher M. Hannan, U.S. District Court for the Eastern District of Louisiana, Judge Carl J. Barbier
  • Aubrey "Copper" Hirsch, U.S. District Court for the Eastern District of Louisiana, Chief Judge Frederick Heebe
  • Kenneth M. Klemm, U.S. District Court for the Eastern District of Louisiana, Judge George Arceneaux Jr.

Maryland

  • Dan Carrigan, U.S. Bankruptcy Court, U.S. District Court for the Eastern District of Maryland, Judge Glenn Goldburn
  • Annie McGuire Kenville, U.S. District Court for the District of Maryland, Judge Richard D. Bennett

Mississippi

  • Drew C. Bigelow, U.S. Bankruptcy Court, U.S. District Court for the Southern District of Mississippi, Judge Neil P. Olack
  • Derbigny Daroca, U.S. District Court for the Southern District of Mississippi, Judge David C. Bramlette III
  • Fredrick N. Salvo, III, U.S. District Court for the Southern District of Mississippi, Chief U.S. Magistrate John M. Roper

Missouri

  • Caldwell G. Collins, U.S. District Court for the Eastern District of Missouri, Judge Audrey G. Fleissig

New York

  • Matthew S. Mulqueen, U.S. District Court for the Southern District of New York, Chief Judge Loretta A. Preska

North Carolina

  • John David Folds, U.S. Bankruptcy Court, U.S. District Court for the Middle District of North Carolina, Chief Judge William L. Stocks
  • Kathleen G. Furr, U.S. Bankruptcy Court, U.S. District Court for the Western District of North Carolina, J. Craig Whitley
  • Alex S. Lewis, U.S. Bankruptcy Court, U.S. District Court for the Middle District of North Carolina, Judge Catharine R. Aron
  • Robert Meyer, U.S. District Court for the Western District of North Carolina, Chief Judge Martin Reidinger
  • Matthew W. Wolfe, U.S. District Court for the Eastern District of North Carolina, Judge James C. Dever III

Pennsylvania

  • John S. Ghose, U.S. District Court for the Eastern District of Pennsylvania, Judge Norma L. Shapiro

Tennessee

  • Adam S. Baldridge, U.S. District Court for the Western District of Tennessee, Judge J. Daniel Breen
  • Pete A. Brunson, U.S. District Court for the Western District of Tennessee, Judge Thomas L. Parker
  • Spencer Clift, U.S. Bankruptcy Court, U.S. District Court for the Western District of Tennessee, Judge David S. Kennedy
  • Russell W. Gray, U.S. District Court for the Eastern District of Tennessee, Judge R. Allan Edgar
  • Cameron S. Hill Sr., U.S. District Court for the Eastern District of Tennessee, Judge Curtis L. Collier
  • Meagan O. Jones, U.S. Bankruptcy Court, U.S. District Court for the Western District of Tennessee, Chief Justice David S. Kennedy
  • Nora A. Koffman, U.S. District Court for the Eastern District of Tennessee, Judge Clifton L. Corker
  • Erno D. Lindner, U.S. Bankruptcy Court, U.S. District Court for the Western District of Tennessee, Judge David S. Kennedy
  • Ryan P. Loofbourrow, U.S. District Court for the Western District of Tennessee, Judge Waverly D. Crenshaw Jr.
  • Jerrick D. Murrell, U.S. District Court for the Western District of Tennessee, Judge John T. Fowlkes Jr.
  • Adam Sanders, U.S. District Court for the Eastern District of Tennessee, Chief Judge Curtis L. Collier
  • Melanie C. Walker, U.S. District Court for the Eastern District of Tennessee, Judge Curtis L. Collier

Texas

  • Emma L. Short, U.S. District Court for the Eastern District of Texas, Judge Zachary J. Hawthorn

Virginia

  • John E. Branch III, U.S. District Court for the Western District of Virginia, Judge Glen M. Williams
  • Dan Carrigan, U.S. Bankruptcy Court, U.S. District Court for the Eastern District of Virginia, Judge Henry D. Evans
  • Spencer Leach, U.S. District Court for the Western District of Virginia, Magistrate Judge B. Waugh Crigler

West Virginia

  • Jamie L. Kastler, U.S. District Court for the Southern District of West Virginia, Judge Thomas E. Johnston

State Court Clerkships

Supreme Courts

Courts of Appeal

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