We understand that the appellate process does not begin after trial has ended. We partner and work closely with trial teams to determine evidence to be admitted, key arguments to make, and jury instructions, verdict forms and proposed findings to submit ensuring issues are properly presented and preserved for future appeals. Our appellate lawyers also assist with briefing and arguing critical motions during and after trial. After trial is complete, we provide a realistic, objective analysis of the strengths and weaknesses of appellate arguments and their likely success to advise our clients in deciding whether to file an appeal, as well as to assist in the settlement process in appropriate cases.

In addition to helping clients with their own appeals, we frequently prepare amicus briefs on behalf of other interested parties. Our attorneys have drafted and filed amicus briefs in the United States Supreme Court as well as several federal circuit and state supreme courts.


  • Our attorneys were appellate counsel to a trial team defending a product liability lawsuit alleging unintended acceleration. We developed strategy and briefed motions in limine, motion for directed verdict, and jury instructions. Manufacturing claim was dismissed at close of plaintiff’s evidence, and jury returned a defense verdict.
  • EFSMM attorneys worked with trial team in product liability lawsuit alleging defect in lift equipment. Our attorneys developed and argued proposed jury instructions on safer alternative design element, which served as the basis for successful appeal reversing adverse jury verdict. 
  • Our attorneys briefed and presented oral arguments contending that choice of law principles dictated application of North Carolina substantive law, including its statute of repose, to a product liability case arising from a South Carolina accident and filed in Mississippi federal court. Summary judgment obtained in trial court was affirmed.
  • Our attorneys have drafted and submitted amicus briefs on behalf of clients on a wide range of topics, including:  the gatekeeping standards district court must apply before admitting expert testimony under Federal Rule of Evidence 702, the due process limitations on recovering punitive damages, available premise liability defenses, and the measure of damages recoverable for past medical treatment.

Contact a Team Leader

For more information regarding Appeals, please contact our team leader Lee Mickus.

Lee Mickus

Position: Partner
Phone: +1-303-656-2199
Categories: Appeals, Automobiles, Commercial Litigation, Discovery, Mass & Toxic Torts, Product Liability
Location: Denver
Lee Mickus defends manufacturers and other business interests in product liability and tort lawsuits around the country, guiding cases through the discovery, trial, and appeal stages. He has successfully tried cases to juries in Colorado, Texas, California, New York, Puerto Rico, Montana, and several other states. Lee has handled cases involving a wide variety of industries and products, including automobiles, pharmaceuticals, medical devices, industrial machinery, wine, and recreational equipment. Lee has made court appearances, argued appeals, and submitted amicus briefs in numerous jurisdictions across the country.

Lee Mickus


Lee Mickus defends manufacturers and other business interests in product...