At Ferraro Law, we understand that a verdict from a trial court is not always the last word on justice. Complex legal arguments may have been overlooked, new evidence might have surfaced, or legal precedents could have been misapplied. Whether you are seeking to correct an unfair ruling in a criminal case, overturn a damaging verdict in a civil or criminal case, or establish a new precedent in a federal appellate court, our seasoned appellate attorneys stand ready to help. Through rigorous legal research, strategic appellate advocacy, and persuasive oral arguments, we help individuals, businesses, and governmental entities pursue a successful appeal and work to ensure that justice ultimately prevails.
Understanding appellate Law
Understanding Appellate Law
Appellate law focuses on challenging or defending the outcome in a lower court or administrative agency by presenting an appeal before a higher court. Unlike a fresh trial, appellate practice generally prohibits introducing new evidence and instead relies on the trial record, relevant evidence presented, and established legal principles.
Appellate judges determine whether the trial court applied the correct law and applied it properly, adhered to procedural rules, correctly interpreted the evidence and arguments made by each party, and whether the findings made by the judge or the jury are supported by the record in the case. A robust appellate process can reverse or modify a flawed decision and even shape future court decisions in state and federal courts.
Appellate Results
Appellate Results
May 9, 2024, Ferraro Law prevailed on appeal in a unanimous decision, the Supreme Court of Florida affirmed the right of Jennifer Ripple, who married the decedent after the onset of the injury that led to his death, to seek damages as a “surviving spouse” under section 768.21(2) of the Florida Wrongful Death Act.
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In 2023, Ferraro Law prevailed on appeal at the Third District Court of Appeal, which affirmed a $1M judgment issued against Hyba General Trading, LLC in Hyba General Trading, LLC v. MIA Collection Services, LLC. READ MORE
On April 22, 2021, in an appeal before the Supreme Court of the State of New York, Appellate Division, First Department, Ferraro Law obtained a reversal of a summary judgment entered in favor of the defendants in a negligence claim. The firm’s appellate team persuaded the First Department that the expert causation evidence produced by the plaintiff supported a material issue of fact regarding causation that should be submitted to the jury.
In 2020, the firm prevailed in an appeal before the Third District Court of Appeal, which affirmed the trial court’s denial of Continental Motors, Inc.’s motion to dismiss for lack of personal jurisdiction.
In 2020, Ferraro Law secured an extraordinarily rare reversal of an arbitration award, totaling $11 million, by the Third District Court of Appeal. Although the Federal Arbitration Act limits a party’s ability to vacate an arbitration award, the firm successfully argued that its client was denied important rights at arbitration, prompting the Third District to vacate the award and grant the firm’s client a new arbitration hearing.
In 2019, Ferraro Law prevailed in a petition by Florida Power & Light for a writ of certiorari to quash two orders denying its motions for protective orders as to critical discovery sought by the plaintiff in an asbestos case.
In 2018, Ferraro Law won a high-profile appeal before the Florida Supreme Court in DeLisle. The firm’s appeal challenged the constitutionality of the Daubert standard, which purported to statutorily preempt Florida’s common law Frye standard governing expert testimony. In its opinion, the Court struck down the Daubert standard as unconstitutional, reaffirmed the state’s adherence to Frye, and reinstated the $8 million jury verdict secured by the firm.
In 2017, Ferraro Law secured an affirmance by the Third District Court of Appeal of a $9 million jury verdict obtained in an asbestos case against Northrop Grumman Systems Corp.
In 2016, Ferraro Law secured a per curiam affirmance of a $28 million judgment against R.J. Reynolds Tobacco Co. in a product liability case involving a deceased man who smoked Lucky Strike, Viceroy, and Winston cigarettes from 1945 to 1993.
In 2015, Ferraro Law won an appeal before the Third District Court of Appeal, which affirmed a final judgment entered after a $12.5 million jury verdict in favor of the plaintiff in an Engle-progeny case.
40+ Years of Fierce Representation
40+ Years of Fierce Representation
For decades, Ferraro Law has been at the forefront of appellate practice, representing clients in everything from straightforward civil disputes to groundbreaking criminal cases. Our attorneys have argued in both federal courts and state courts, in some of the busiest jurisdictions, and have established a reputation for thorough preparation, compelling legal writing, and effective oral advocacy. With a long history of championing the rights of both defendants and plaintiffs, we leverage knowledge gained from prior disputes to craft strong, well-grounded appellate positions that often influence subsequent court decisions.
How We Can Help You
How We Can Help You
Comprehensive Case Review
Our appellate lawyers begin by examining every facet of your case, including district court or trial transcripts, internal documentation, and prior arguments grounded in controlling legal precedents. This thorough analysis allows us to identify errors of law, procedure, or fact that may have impacted the trial outcome.
Tailored Legal Arguments
We develop compelling arguments that dissect critical issues and produce a comprehensive brief designed to persuade appellate judges. By focusing on key aspects of the case, leveraging strategic planning, and performing meticulous legal research, we are able to secure successful appeals that uphold favorable decisions and overturns unjust verdicts.
Oral Advocacy & Ongoing Support
Where required, we present oral arguments before appellate judges, defending or challenging rulings with clarity and precision. Throughout the appellate process, our team provides regular updates, keeping you informed and confident as we work to achieve the best possible outcome for your case.
What We Handle
What We Handle
Civil Appellate
We challenge or defend high-stakes outcomes in business, personal injury, or other civil disputes when the opposing party contends the trial court erred.
Criminal Appellate
Ferraro Law contests procedural missteps, insufficient evidence, or improper instructions that undermine a defendant’s rights.
Administrative Agency Appellate
We help overturn or affirm agency decisions that impact professional licensing, benefits, or regulatory enforcement.
Appellate From Arbitration Awards
We also handle challenges to and the defense of arbitration awards.
State and Federal Courts
We handle appellate at both the state and federal levels, including cases before appellate courts and specialized tribunals that oversee complex legal disputes.
Deciding Whether to Hire an Appellate Lawyer
Deciding Whether to Hire an appellate Lawyer
You should consider appellate counsel if you suspect significant errors in the trial proceedings, such as misapplied legal principles, improper admission or exclusion of evidence, or newly surfaced flaws not addressed by the lower court. Engaging appellate attorneys with a record of success in navigating legal precedents and presenting arguments tailored for appellate judges can dramatically improve your chances of achieving a fair outcome.
Compensation Preserved or Recovered Through Appeals
Compensation Preserved or Recovered Through Appeals
In appellate cases, your compensation often differs from the direct financial recovery sought at the trial level.
On appeal:
Damages May be Reinstated or Protected
A favorable appeal outcome helps safeguard the positive results achieved at the trial level and any damages that were awarded. These damages may include monies paid or owed for medical bills, lost wages, or other critical financial recoveries initially granted to the plaintiff.
Equitable Relief Restored
In some cases, appeals can reinstate equitable relief, such as injunctions or specific actions required by the opposing party. This type of relief preserves non-monetary remedies originally ordered by the trial court.
Retrials Under Correct Standards
If you lost at the trial level, a successful appeal may result in the granting of a retrial under corrected legal standards and evidentiary rulings. While appeals do not typically yield fresh damages, they correct errors in the trial court that prevented a party from obtaining a fair trial and just compensation.
Protection Against Further Proceedings
By resolving critical legal issues, an effective appeal can deter unnecessary further litigation, help safeguard your investments in the case, and minimize additional costs or disputes.
What to Look for in an Appellate Law Attorney
What to Look for in an Appellate Law Attorney
Selecting the right appellate attorney is a crucial step in navigating the appellate process effectively. As you evaluate potential counsel, consider the following factors:
Proven Record in Appellate Litigation
Seek appellate litigators who regularly handle criminal cases and civil appellate in both state and federal jurisdictions
Experience in Legal Writing
The foundation of a successful appeal rests on persuasive, logically sound briefs referencing authoritative legal precedents
Skill in Oral Advocacy
If oral argument is granted, your attorney must have the necessary skills to communicate effectively and address judicial queries persuasively and with a complete command of the facts and the law.
Strategic Planning
Identify a firm that possesses the experience and skills to thoroughly assess the issues and law and is willing to assist you in weighing the cost, benefit, and likelihood of a successful appeal.
What to Expect When You Partner with Ferraro Law
What to Expect When You Partner with Ferraro Law
We start with a free, comprehensive consultation to review your case, examine the trial court record, and identify key appealable issues. This step allows us to develop an understanding of the unique aspects surrounding your situation and sets the foundation for a strong appellate strategy.
Our attorneys meticulously review the trial court record and proceedings, research legal precedents, evaluate procedural errors, and draft authoritative appeal briefs. These briefs highlight the critical issues and persuasively present arguments to the appeal judges.
If oral argument is granted, we rigorously prepare to effectively present your case, respond to the questions by the judges, and refute the arguments made by opposing counsel.
Once the appeals court issues its decision, we provide detailed advice on implementing the ruling, pursuing further appeals if necessary, or addressing any new legal developments. Our goal is to fully support you through every stage of the process.
Client Experiences
Client Experiences
When clients seek Ferraro Law’s appeal advocacy services, they often face critical turning points in their cases, whether seeking to overturn unfavorable outcomes or to defend favorable rulings. Our team meticulously analyzes trial records and prior court decisions, crafting coherent, forceful briefs and delivering persuasive oral arguments. Through a strategic and thorough approach, we work to achieve meaningful results, whether by securing new legal ground or preserving key rulings.
“You not only told us it was going to be okay, you showed us that it’s going to be okay.”
SUZANNE
ASBESTOS & MESOTHELIOMA
Ferraro Law is wonderful and I am forever grateful to them. My attorney Daniel Di Matteo fought like a tiger for me against a multibillion dollar corporation and obtained a substantial settlement for me. This settlement is life changing for me. If you need an attorney call Ferraro Law and if you’re lucky Daniel will take your case.
Florence T.
Not too long ago I picked up the phone and called the Ferraro Law Firm not quite knowing what to expect. From the moment I reached out, the team made me feel heard and taken care of — not just like another case walking through the door.
Nikki Hurtado was my first primary contact. After speaking with her I knew that I had picked the right firm. She walked me through the process in plain understandable language. Even after numerous calls, she never made me feel like I was asking too many questions, and I always felt confident that my case was in expert hands.
My litigator was Daniel Di Matteo. If there was ever anyone that you would want by your side in a court of law, it would be him. He was everything that you would want in an attorney—calm, cool, always prepared, communicative and most importantly–experienced. He knew everything that was going to happen before it occurred but was prepared for any contingency. He is a fantastic attorney.
What really set them apart was their communication. I was kept informed at every stage — no chasing down updates, no wondering what was happening with my case. Calls and emails were returned promptly, and they proactively reached out whenever there was a development.
The professionalism of the entire team — from the attorneys to the support staff — was exceptional. Everyone I interacted with was kind, compassionate, and genuinely invested in my well-being, not just the outcome of my case.
And the outcome? Better than I could have hoped for. They fought hard on my behalf and secured a result that truly reflected the impact this injury had on my life.
You could ask for no better firm or attorney.
Keeth K.
Working with my attorney, Daniel J. Di Matteo was an exceptional experience from start to finish. His level of professionalism, attention to detail, and strategic thinking set him apart immediately. Every step of the process was handled with precision and clarity, and I always felt informed and confident in the decisions being made.
What truly stood out was his ability to navigate complex situations with confidence and deliver results that exceeded my expectations. He was not only highly knowledgeable but also genuinely committed to protecting my best interests.
If you’re looking for an attorney who is sharp, responsive, and truly operates at a high level, I highly recommend him without any hesitation.
Ivan M.
My name is Page. I am putting a five star review of my experience with Ferraro law group and my attorney Daniel J. Di Matteo. His professionalism and compassion and diligence for my case was outstanding. I am very happy that I put my trust in their very capable hands.
Page P.
The Steps Your Appellate Lawyer Will Take
The Steps Your Appellate Lawyer Will Take
Once you decide to hire an appellate attorney, he or she will guide you through a structured step-by-step process:
1
Comprehensive Record Review
Reviewing all transcripts, motions, and exhibits from the lower court to identify appealable issues.
2
Issue Spotting & Legal Principles
Evaluating potential errors or overlooked legal precedents that may influence the outcome.
3
Brief Preparation
Drafting compelling arguments in a written document referencing relevant statutes, cases, and facts from the record.
4
Reply to Opposition
Countering the opposing party’s contentions through an answer or reply brief or further arguments.
5
Oral Advocacy (If Granted)
The skills required for effective oral advocacy differ from those required to present a cogent and persuasive appellate brief. A good appellate lawyer must have an excellent command of the record, be able to think on his or her feet, be a good listener, be prepared to answer any and all questions posed by the judges, and be able to present and respond to arguments concisely and persuasively without the luxury of time to craft the argument or response.
6
Awaiting Decision
The appellate panel deliberates and issues an opinion, which may uphold, modify, or overturn the original verdict or ruling.
7
Further Options
If dissatisfied with the ruling on appeal, an examination will be performed to properly advise you of the possibility for review by a higher court.
Meet Your Appellate Attorneys
Meet Your Appellate Attorneys
Learn More About Our Team
At Ferraro Law, our appellate attorneys bring extensive experience and a steadfast commitment to achieving justice through the appellate process. Jim L. Ferraro, Hon. Judge Leslie Rothenberg, and Daniel J. Di Matteo work collaboratively, using their knowledge and experience in civil and criminal appeals, strategic legal analysis, and procedural advocacy to deliver favorable outcomes for clients nationwide.
James L. Ferraro Sr.
For over 40 years, Jim has led high-impact cases against major corporations in asbestos, environmental, and injury litigation—securing billions of dollars and meaningful outcomes for people facing some of life’s toughest challenges.
Hon. Judge Leslie Rothenberg
A former appeals Chief Judge and seasoned trial attorney, Leslie brings decades of experience to complex product liability and wrongful death cases. She’s authored nearly 1,000 appeal opinions and helps guide the firm’s litigation and appeals strategy.
Daniel J. Di Matteo
Daniel leads major product liability and toxic exposure cases, including Ferraro Law’s Roundup litigation. A seasoned trial attorney, he’s secured multimillion-dollar settlements and helped drive some of the firm’s most high-stakes wins against corporate giants.
Frequently Asked Questions
Frequently Asked Questions
01.
What is the timeframe for filing an appeal?
Deadlines vary by jurisdiction, but commonly range from 30 to 60 days post-judgment. Missing these strict limits can forfeit your right to challenge the ruling.
02.
Do I automatically get an oral argument in an appellate court?
Not necessarily. Certain appellate courts perform their review solely on the briefs; others permit oral hearings at their discretion.
03.
How long does the appellate process take?
Anywhere from a few months to over a year. Complex civil or criminal issues typically take longer, depending on the court’s docket.
04.
What happens if you lose on appeal?
You may petition for further review to a higher court, or the opinion might stand as final. We will advise you on the viability of pursuing further review.
05.
Can Ferraro Law handle my appellate case if I live outside of Florida?
Absolutely. Ferraro Law represents clients nationwide, providing skilled appellate advocacy to challenge or defend trial court decisions.
have more questions?
glossary of key terms
glossary of key terms
Appellant
The party who files an appeal, seeking to overturn or modify the lower court’s decision.
Appellee
The party who opposes the appeal, and who wishes to uphold the lower court’s ruling.
Legal Arguments
Written or oral submissions referencing statutes, prior cases, and legal research to support reversing or upholding a trial outcome.
Record on Appeal
The transcript and all documents from the lower tribunal that the appellate panel reviews.
Reversed
When the higher court decides the original judgment was improper and overturns it.
New Precedent
A significant ruling that clarifies or revises existing law, guiding future court disputes.
What's Next?
what’s next?
If you’re ready to challenge an unjust ruling or protect a favorable outcome, Ferraro Law can evaluate your situation and determine if you have a claim. We offer a free initial consultation to evaluate your case, review the trial record, and craft a compelling strategy to pursue a just result. With decades of proven success and unwavering dedication, we’ll work tirelessly so that your voice is heard and your case receives the fair scrutiny it deserves. Contact us today to take the next step.
attorney referral program
attorney referral program
Ferraro Law is nationally renowned for achieving significant results in complex litigation. Firms across the country refer clients to Ferraro Law, recognizing our commitment to exceptional service, groundbreaking results, and readiness to tackle cases others find too risky or costly.
