Appellate Attorneys Focused on High-Stakes Litigation

Appellate Attorneys Focused on High-Stakes Litigation

Appeals are about more than correcting errors. They can protect a favorable trial result, reverse an adverse judgment, or reshape the law governing an entire industry. To do that effectively, you need appellate attorneys who understand both the trial record and how appellate judges think.

The Appellate Practice at McCathern, Shokouhi, Evans focuses on preserving and enforcing clients’ rights in both trial courts and courts of appeals. The team represents individuals, small businesses, and large corporations, and its work spans numerous industries and areas of the law. 

McCathern, Shokouhi, Evans’s appellate lawyers are involved at every stage—from pretrial motion practice and charge conferences to appeals, mandamus proceedings, and appearances in state and federal appellate courts.

A Winning Appellate Team – Starting at Trial

Effective appellate litigation begins long before a notice of appeal is filed. In significant cases, a single ruling on evidence, jury charge, or procedure can shape the outcome and the options available on appeal.

For that reason, McCathern, Shokouhi, Evans’s appellate attorneys are often involved during trial, sitting at counsel table on matters that are big enough or complex enough to warrant a dedicated appellate perspective. 

In that role, our appellate lawyers:

  • Monitor rulings and ensure that objections and offers of proof are properly preserved
  • Assist with drafting and arguing critical motions and jury charge submissions
  • Streamline complex legal issues into clear, persuasive arguments for the court
  • Prepare post-trial motions to position the case for appeal

Trial lawyers focus on presenting the story, examining witnesses, and persuading the jury. Appellate counsel focuses on the legal framework and the record, working alongside trial counsel to safeguard the client’s position if the case moves to appeal.

Appellate Litigation Services

McCathern Shokouhi, Evans’s appellate attorneys are generalists by design. Appellate judges hear matters from across the legal spectrum, and successful appellate attorneys must be prepared to advocate at that same level.

Civil Appeals in State and Federal Courts

  • Appeals in Texas courts of appeals
  • Petitions and briefing in the Texas Supreme Court
  • Civil appeals in the United States Courts of Appeals, including the Fifth Circuit
  • Interlocutory appeals involving injunctions, arbitration, jurisdiction, and immunity

The team has successfully prosecuted and defended appeals in areas such as constitutional law, complex commercial litigation, labor and employment, healthcare liability, and insurance disputes.

Mandamus and Extraordinary Relief

  • Original proceedings in courts of appeals and the Texas Supreme Court
  • Writs of mandamus to correct clear abuses of discretion by trial courts
  • Emergency relief to address discovery orders, jurisdictional issues, and improper venue

McCathern, Shokouhi, Evans’s appellate lawyers have secured mandamus relief in cases involving forum disputes, arbitration enforcement, and enforcement of lien rights on behalf of financial institutions and related businesses.

Strategic Appellate Support for Ongoing Litigation

  • Consulting with trial teams on motions, jury charge issues, and error preservation
  • Drafting dispositive motions and post-judgment motions
  • Evaluating the record and legal issues to advise on whether an appeal or cross-appeal is warranted
  • Working with in-house counsel and insurers on appellate risk and potential impact on broader portfolios

By combining trial-level support with dedicated appellate advocacy, McCathern, Shokouhi, Evans provides a cohesive strategy from the first dispositive motion through final judgment and appeal.

Experience That Matters on Appeal

McCathern, Shokouhi, Evans’s appellate attorneys have handled a wide range of high-stakes matters, including:

  • Civil rights and governmental immunity

Securing an important appellate victory for the family of a man killed by a speeding Houston police officer, when the Fifth Circuit rejected the city’s attempt to dismiss the case and allowed the family’s civil lawsuit to proceed.

  • Professional sports and complex contracts

Defending a professional football team in federal court in Pennsylvania and on appeal to the Third Circuit in a case involving alleged breach of contract, fraud, and negligence.

  • International business disputes

Obtaining mandamus relief to compel dismissal of a case brought by a foreign consulting firm, persuading the court that the dispute belonged in Mexico rather than Texas.

  • Non-compete and employment issues

Convincing a Texas court of appeals to affirm the invalidation of a non-compete agreement between an insurance agency and its subcontractor.

  • Arbitration and non-subscriber claims

Reinstating an appeal dismissed for lack of jurisdiction and overturning an order denying a motion to compel arbitration in a wrongful death case against a national truck-stop company.

  • Lien and financial institution matters

Securing mandamus relief to require a county tax assessor to process lien documents for financial institutions and auto repair shops, and successfully appealing a six-figure judgment in a case involving innovative use of workers’ liens.

These results reflect the range of industries and legal questions that McCathern’s appellate attorneys handle for clients across Texas and beyond.

Appellate Litigation Attorneys

McCathern, Shokouhi, Evans’s Appellate Practice is based in Dallas and draws on the experience of trial-tested lawyers with significant appellate and complex litigation backgrounds.

Jim Sherry is an experienced civil and criminal litigator who has guided corporate and individual clients through every stage of litigation, from pre-suit investigation to successful merits appeal before the United States Supreme Court.  His practice includes appellate litigation, business and commercial litigation, and complex disputes across a range of industries.

Jesse Hoffman joined McCathern, Shokouhi, Evans in 2011 from the Texas Attorney General’s Office and now maintains a robust business litigation and appellate practice.  He represents some of the most successful businesses in the country and is licensed in all Texas state courts, all federal district courts in Texas, and the Fifth Circuit Court of Appeals.

Justin Bryan’s practice focuses on business and commercial litigation, directors and officers liability, and securities litigation, and he has experience in many other areas of law.  He represents defendants in complex, multi-million-dollar cases and has also recovered significant sums for plaintiffs, giving him a practical understanding of how appellate outcomes affect business risk.

These appellate attorneys work closely with McCathern, Shokouhi, Evans’s trial lawyers across practice areas, allowing the firm to provide an integrated approach from trial through appeal.

How Our Appellate Attorneys Approach Cases

Every appeal is shaped by the record and by the client’s business objectives. McCathern, Shokouhi, Evans’s appellate attorneys approach each matter with a structured but flexible strategy:

  • Early Case Assessment

Analyze the judgment, rulings, and record to identify appealable issues, standards of review, and potential outcomes, including the impact on parallel litigation or related business concerns.

  • Candid Risk and Cost Analysis

Provide realistic assessments of the likelihood of success on appeal, potential remedies, and the broader implications of a precedent—so in-house counsel and decision-makers can weigh the value of pursuing appellate relief.

  • Focused Brief Writing

Distill complex records and legal questions into clear, concise appellate briefs that present the strongest issues rather than every conceivable argument.

  • Effective Oral Argument

Prepare thoroughly for oral argument by anticipating judicial questions, stress-testing positions, and identifying the key points that will matter most to the panel.

  • Collaboration with Trial Counsel

Maintain close communication with trial teams to ensure consistency in strategy and to position cases for appeal – even before a final judgment is entered.

This approach allows the team to tailor advocacy to the needs of each client and each case, whether the goal is to preserve a favorable result, reverse an adverse outcome, or clarify unsettled law.

Serving Clients Across Texas and Beyond

McCathern, Shokouhi, Evans’s appellate attorneys represent clients across Texas and in federal courts, including:

  • Individuals and families involved in significant civil disputes
  • Regional and national businesses with recurring litigation exposure
  • Financial institutions and insurers with portfolio-wide appellate issues
  • Public entities and private companies facing constitutional and governmental immunity questions

The firm’s offices in Dallas, Frisco, Houston, Los Angeles, and Santa Monica provide a platform for coordinating appellate litigation that affects operations in multiple jurisdictions, while the appellate team focuses on the core task of persuading appellate judges.

Appellate Litigation Resources and Next Steps

The decision to pursue or defend an appeal carries real consequences: cost, time, and potential impact on future cases. Engaging appellate counsel early helps you:

  • Evaluate whether an appeal or cross-appeal is advisable
  • Identify issues with the greatest chance of success on appeal
  • Preserve error and develop the record during ongoing trial-court proceedings
  • Prepare for mandamus or interlocutory relief when waiting for a final judgment is not an option

If you have received an adverse judgment, need to protect a favorable verdict, or want appellate input on a high-stakes case still in the trial court, we encourage you to speak with a member of McCathern, Shokouhi, Evans’s appellate team.

To discuss your matter with one of our appellate attorneys, please contact us through the firm’s contact page or reach out to the Dallas office.