Appeals

Our attorneys have handled appeals at every level; from the United States Supreme Court to the Federal Circuit Courts, the State Courts of Appeals and administrative appeals before the Courts of Common Pleas.

The appellate process involves extensive review of all relevant documents and transcripts, research regarding the legal issues involved, preparation of appellate briefs and oral argument before a panel of judges.

The lawyers of Schwartz Downey & Co., L.P.A. have represented clients on appeal in both civil and criminal matters among which were the following representative cases:

United States Supreme Court

Palmer v. City of Euclid, 402 U.S. 544 (1971)
(Reversing defendant’s conviction on ground of unconstitutionality of the City of Euclid’s Suspicious Persons Ordinance)

Hines v. Anchor Motor Freight, Inc., 424 U.S. 554 (1976)
(Reversing summary judgment granted to employer in wrongful discharge/breach of the duty of fair representation action)

Ohio Supreme Court

State ex rel. Jones v. Suster, 84 Ohio St. 3d 70 (1998)
(Denying writ of prohibition sought by prosecutor to prevent trial court from trying claim for wrongful imprisonment brought by estate of Dr. Sam Sheppard)

Oker v. Ameritch Corp., 2000-Ohio-139 (Ohio 2000)
(Reversing summary judgment in age discrimination case on ground statute doesn’t start to run until date of termination)

Roman v. Estate of Gobbo, 2003-Ohio-3655 (Ohio 2003)
(Challenging validity of sudden medical emergency defense in motor vehicle negligence cases)

United States Court of Appeals for the Sixth Circuit

United States v. Jones, 641 F.3d 706 (6th Cir. 2011)
(Vacating sentence based on procedural unreasonableness due to flawed statistical analysis)

Routman v. Automatic Data Processing, Inc., 873 F.2d 970 (6th Cir. 1989)
(Reversing summary judgment entered against developer of software system in action against data processing company for misappropriation of trade secrets)

Woodards v. Cardwell, 430 F.2d 978 (6th Cir. 1970)
(Affirming grant of habeas corpus relief to defendant convicted of rape-murder and sentenced to death)

Ohio Court of Appeals

Jackson v. Kroeger, Eighth District Court of Appeals, Case No. 49989, unreported (Feb. 16, 1986)
(Reversing $1,035,000.00 verdict against Regional Transit Authority in malicious prosecution action brought by former employee)

Shelton v. Greater Cleveland Regional Transit Authority, Eighth District Court of Appeals, Case No. 56287, unreported (Dec. 7, 1989)
(Reversing $750.000.00 jury verdict for plaintiff in action alleging inadequate security)

State v. Ramirez, 135 Ohio App. 3d 89 (11th Dist. 1999)
(Reversing murder conviction for failure to give proper Miranda warnings and failure to contact the consulate of the defendant’s country of citizenship)

McAlpine v. A-1 Bonding, Eighth District Court of Appeals, Case No. 75059, unreported (Dec. 9, 1999)
(Upholding grant of summary judgment to bonding company in action alleging use of excessive force)

Morgan v. State Board of Education, 2002-Ohio-2738, (8th District 2002)
(Affirming reinstatement of guidance counselor’s license, suspended for alleged immorality)

Salabaschew v. TRW, 100 Ohio App.3d 503 (8th Dist. 1995)
(Reversing order granting motion to dismiss action on forum non conveniens grounds)

Krafcik v. USA Energy, 107 Ohio App.3d 59 (8th Dist. 1995)
(Reversing denial of motion to stay tri-party litigation pending resolution of arbitration pursuant to written agreement of other two parties)

City of Cleveland v. Cleveland Police Patrolman’s Assoc., Eighth District Court of Appeals, Case No. 76181, unreported (Aug. 8, 2001)
(Affirming arbitration award reinstating Cleveland police officer to employment)

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