Appellate

Our team is comprised of attorneys experienced in handling all aspects of appeals before the Colorado state and federal appellate courts.  Our attorneys work strategically at all stages of the appeal beginning with assistance in preserving error and creating the appellate record in the trial court, continuing through selection of the most advantageous issues to be raised in the appeal, and culminating in a skilled and engaging written and oral presentation of the case in front of the appellate court.

Fairfield and Woods appellate attorneys are able to leverage the broad range of substantive legal knowledge and practical experience of our transactional and trial attorneys to assist in handling cases on appeal.  Our attorneys have handled appeals in a broad range of substantive areas including commercial disputes, intellectual property, torts, trust and probate, family law, real property disputes, employment, bankruptcies and receiverships.  The firm’s depth helps our team better serve our clients in all industries.

Representative Matters

Colorado

  • In a case of first impression, obtained a reversal of a probate court order awarding an equitable adjustment of an elective share.
  • In a case of first impression, obtained a ruling from the Colorado Supreme Court that the Uniform Child Custody Jurisdiction Enforcement Act does not require a trial court to give full faith and credit to another state’s custody order when the other state’s court lacked jurisdiction to enter the order.
  • Obtained reversal of a summary judgment dismissing an action for breach of contract based on the contracting party’s lack of licensure without determining whether the part of the contract which required licensure was severable from the rest of the contract.

Federal

  • Obtained a favorable ruling for charities on the interpretation of a bankruptcy statute which allows charities to keep all or a portion of a donation when a bankruptcy trustee attempts to set aside the transfer as “constructively” fraudulent.
  • Obtained a ruling from the Tenth Circuit affirming the dismissal of class action discrimination claims as well as the individual claims of seven plaintiff-representatives.