Burr & Forman


Burr & Forman has one of the most experienced appellate practices in the southeast region. Our attorneys are skilled in arguing the right issue, in the right way, with a deep knowledge of how appellate courts operate. Our team understands that no appeal is ever routine and there is never a time when results matter more than on final appeal. Whether as an appellant, appellee or friend of the court, a decision on appeal not only settles the case but becomes the law of the land.

Our team handles appeals at all levels of the state and federal system, involving nearly every legal subject as well as challenges to excessive damage awards.

Burr’s appellate capabilities include:

  • Appeals of class action certification rulings and related orders
  • Appellate briefs
  • Appellate mediation
  • Amicus curiae briefs
  • Emergency appeals
  • Evaluations of appeal worthiness
  • Oral argument
  • Petitions for mandamus
  • Petitions for writ of certiorari
  • Post-judgment discovery and enforcement
  • Post-judgment evidentiary hearings
  • Rehearing applications
  • Stays of judgment
  • Strategic counseling during trial
  • Supersedeas bonds

In addition, many amicus curiae organizations select Burr to file their briefs, such as the Business Council of Alabama, the Defense Research Institute (“DRI”), the American Council of Life Insurers (“ACLI”), the Product Liability Advisory Council (“PLAC”), the National Association of Mutual Insurance Companies (“NAMIC”), and the Alabama Defense Lawyers Association. Burrs appellate attorneys also hold key leadership roles such as the Alabama Supreme Courts standing committee on appellate rules.

Representative appellate cases include:

  • Stoneridge Investment Partners, v. Scientific-Atlanta, Inc., 552 U.S. 148, 128 S. Ct. 761 (2008) (defense of securities fraud litigation)
  • R. Huff Asset Management Co., v. Kohlberg, Kravis, Roberts, 566 F.3d 979 (11th Cir. 2009)(preemption of state law by SLUSA)
  • Cottrell v. NCAA, 975 So. 2d 306 (Ala. 2007), cert. denied, 128 S.Ct. 1334 (2008)(defense of NCAA in defamation claim)
  • Mack Trucks, Inc. v. Witherspoon, 867 So. 2d 307 (Ala. 2004) (defense of product manufacturer)
  • Guyoungtech USA, Inc. v. Dees, 156 So.3d 374 (Ala. June 2014) (reversal of $4 million retaliatory discharge verdict against auto parts manufacturer)
  • BB&T v. Nichols, 184 So. 3d 337 (Ala. 2015) (defense of bank in reversal of $12 million fraud claim)
  • U.S. Bank v. Shepherd, No. 1140376, 2015 (Ala. Nov. 20, 2015) (defense of blank in reversal of multi-million wrongful foreclosure)
  • Freedom from Religion Foundation, Inc. v. Orange County School Board, 30 F. Supp. 3d 1358 (M.D. Fla. 2014), affd, 610 F. Appx 844 (11th Cir. 2015)
    (defense of school board on public school free speech issue)
  • Howington v. Smurfit-Stone Container Corp., 564 F. Appx 537 (11th Cir. 2014) (defense of paper manufacturer on ERISA disability retirement claim)

A complete list of Burrs appellate cases is available upon request.

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