APPELLATE PRACTICE

We’ve built our appellate practice on creativity and the ability to view a case with fresh eyes while drawing on insights from our vast experience. Our team is effective in the appellate courts because we quickly grasp the essential facts, cut through complex issues, and get right to the point. Our briefs are persuasive, succinct, and incisive.

We handle civil appeals for our clients, defending our victories or challenging adverse rulings. Our team has also handled appeals for clients who have received an unfavorable result in trial courts and are seeking new advice and counsel.

Our seasoned team of appellate lawyers have appeared in federal and state courts throughout the country.

Decisions of note:

  • In a hotly contested dispute between former business partners over deferred payments due to our client, Storch Amini prevailed on all three appeals to the Appellate Division, First Department affirming judgments entered in our client’s favor totaling over $30 million.
  • Storch Amini represented the plaintiff in an interpleader action to determine who was entitled to receive monies that Sony Pictures Entertainment, Inc. held, and would receive in the future, representing film distribution revenues from the motion picture Force 10 from Navarone. After a bench trial, the court found that our client was entitled to the proceeds. The Appellate Division, First Department unanimously affirmed the lower court’s decision in favor of our client.
  • In an action alleging, among other things, that our client fraudulently induced a buyer to purchase asset management firms that she owned, Storch Amini appealed from the lower court’s denial of summary judgment. On appeal to the Appellate Division, First Department, the appellate court unanimously reversed the lower court’s denial of summary judgment, finding no justifiable reliance on the alleged misrepresentations as a matter of law, and dismissed the action in its entirety.
  • In a longstanding dispute between two former business partners in a women’s intimate apparel business, our client moved to vacate an arbitration award on the grounds that the arbitration panel had exceeded its authority as defined by the parties’ arbitration agreement. The district court ruled in our client’s favor and vacated the panel’s valuation decision. On appeal to the U.S. Court of Appeals for the Second Circuit, the court affirmed the district court’s determinations that neither the arbitrability of the valuation provision of the parties’ agreement nor the valuation provision itself was subject to arbitration and vacatur of the arbitration panel’s valuation decision.
  • Storch Amini represented a man suffering from metastatic breast cancer and was denied high dose chemotherapy treatment by his insurance company. After a bench trial, the district court found the insurer had acted arbitrarily and capriciously in the appeals process, but denied our client an injunction directing the insurer to pay for the treatment. Instead, the district court remanded our client’s request for coverage to a health benefits plan administrator for another determination in keeping with the court’s decision. With the window for our client’s candidacy for the treatment rapidly closing, Storch Amini took an emergency appeal from the district court’s decision to the U.S. Court of Appeals for the Second Circuit and prevailed on appeal. The Second Circuit reversed the district court’s decision, and granted plaintiff his injunction directing the insurer to pay for the treatment.
  • Storch Amini represented a shareholder of a company with salvor-in-possession rights to the Titanic in asserting, among other things, derivative claims against the company’s directors and officers for breaches of fiduciary duty. The district court denied our client access to documents and materials involuntarily provided by the company to the Securities and Exchange Commission (“SEC”) in response to an investigative subpoena because of an “SEC privilege,” and granted summary judgment dismissing all claims. On appeal to the U.S. Court of Appeals for the Fourth Circuit, the court reversed, in part, reinstating our client’s breach of fiduciary duty claims against the directors and granting our client access to documents and materials submitted to the SEC because “there is no such thing as an SEC privilege.”
  • A unanimous three-judge panel of the U.S. Court of Appeals of the Second Circuit vacated a lower court decision denying Storch Amini’s pro bono client’s motion for a reduction of his sentence. The Fair Sentencing Act, passed in 2010 by an overwhelming majority in both houses of Congress, changed the sentencing rules applicable to crack cocaine offenses after recognizing that the prior rules had systematically led to excessive and unjust sentences. Inmates serving sentences imposed under the old rules which Congress had determined were inappropriate and unfair were subsequently permitted to request reduced sentences consistent with those provided for in the new rules.

    The district court denied our client’s request for a sentence reduction without explanation. Despite vigorous arguments from the U.S. Attorney’s Office that a plausible rationale for the district court’s denial could be inferred from the record, the Second Circuit concluded the district court’s failure to explain its rationale for denying our client the relief sought required that the decision be vacated, and urged the district court on remand to consider our client’s application “as expeditiously as possible.”