Civil Appeals Attorneys Near Me
An appeal is a legal proceeding in which the actions taken by the trial court are reviewed by a higher court. Appeals generally involve only a review of the case record – or what was introduced at the original trial – new evidence can’t make its way in. An issue that wasn’t raised at trial can’t be raised on appeal. Instead, the appeals court is charged with reviewing the trial court’s application of the law in relation to the facts of the case as they were presented.
If you have questions or concerns related to a civil appeal, don’t wait to consult with an experienced civil appeals attorney near you.
Common Appeals Cases
Many rulings made in trial courts are reviewed on appeal in appeals courts. Some of the most common cases that make their way to appeal include:
- Breach of contract cases that relate to one party to a contract failing to perform in accordance with the contract terms
- Consumer protection cases, which are based on the breach of laws that help strengthen equitability between consumers and sellers
- Disability discrimination cases that are based on employers discriminating against employees based on physical or mental disabilities
- Sex and gender discrimination cases that are based on discrimination against or harassment of employees regarding their sexual orientation, gender expression, or gender identity
- Equal pay cases that address employees – often women – who don’t receive equal pay for substantially equal work
- Whistleblower and retaliation cases that are based on employees who call out employers for unlawful practices and are retaliated against as a result
- Pregnancy discrimination cases in which pregnant employees are denied employment privileges, terms, or conditions in response to their pregnancy or a related condition
- Cases involving other forms of discrimination, including age and race
- ERISA and retirement benefits cases, which address the unlawful denial of benefits
- Cases involving meal and rest break violations, which address employers who fail to provide employees with legally mandated breaks
- Wrongful termination cases in which employers go outside the parameters of firing at will and fire employees for reasons that are deemed illegal
This list could go on.
The Appeal Court’s Role
The appeal court’s role is to review the lower court’s application of law to the evidence presented at trial. Appellate courts do not have the power to reverse the factual findings of the judge or jury at trial. Instead, the appeal court’s job is to determine whether the following apply:
- The lower court made errors of law that were serious enough to prevent the party who is appealing from having a fair trial.
- The lower court had insufficient evidence to support the decision it made.
When the trial court is determined to have applied the law appropriately, and their decision is determined to have been supported by adequate evidence, the lower court’s opinion will not be overturned.
An Experienced Civil Appeals Attorney Near You Can Help
The distinguished California civil appeals attorneys at Olivier & Schreiber LLP have decades of combined experience successfully protecting the rights of clients like you throughout complex civil appeals cases. Learn more by contacting us today.