Appeals

Few firms in Maryland can measure up to STSW’s appellate litigation experience, because no other Maryland firm has a former Chief Judge of the Court of Special Appeals and Judge on the Court of Appeals as one of their partners. The Hon. Joseph C. Murphy, Jr. (Ret.) served on Maryland’s intermediate appellate court — the Court of Special Appeals — for years, including as its chief judge, before being elevated to Maryland’s highest appellate court – the Court of Appeals. Before going on the bench, Judge Murphy had a robust appellate practice as part of his criminal defense practice, regularly appearing in the United States Court of Appeals for the Fourth Circuit as well as Maryland’s state courts.

And in Maryland, where a high percentage of the appeals taken by the Court of Appeals are discretionary, having a lawyer who sat on that court for years, participating in the decision-making process as to whether or not to take an appeal, matters as to whether your case will get the best shot at being reviewed by Maryland’s highest court.

Partner Andy White, regularly handled appeals to the Fourth Circuit while with the United States Attorneys’ Office for the District of Maryland, and subsequently in private practice. Indeed, STSW’s criminal appellate practice is second to none in Maryland.

On the civil side, STSW lawyers have handled appeals all over the country, and in Maryland, on various topics. Below is a sample of recent published civil appeals the Firm has handled:

  • In re Google Inc. Cookie Placement Consumer Privacy Litig., -- F.3d – (3d Cir. Aug. 6, 2019) (remanding because district court failed to scrupulously examine relationship between cy pres settlement fund recipients and internet search providers);
  • LVNV Funding LLC v. Finch, 463 Md. 586 (2019) (amicus brief on behalf of the Maryland-DC Creditors Bar Association in support of trial court decision dismissing putative class action brought against collection agencies not licensed with the state of Maryland);
  • Smith v. Wakefield, LP, 462 Md. 713 (2019) (amicus brief on behalf of the Maryland Multi-Housing Association, Inc. in support of trial court decision dismissing action brought against landlord after statute of limitations had passed);
  • Dent v. National Football League, 902 F.3d 1109 (9th Cir. 2018) (preemption under the Labor Management Relations Act);
  • Friedman v. Bloomberg L.P., 884 F.3d 83 (2d Cir. 2017) (finding that employee had stated defamation claim against online publisher);
  • Nanni v. Aberdeen Marketplace, Inc., 878 F.3d 447 (4th Cir. 2017) (Americans With Disabilities Act);
  • Chateau Foghorn LP v. Hosford, 455 Md. 462 (2017) (preemption under Section 8 of the Fair Housing Act);
  • Kiriakos v. Phillips, 448 Md. 440 (2016) (amicus brief on behalf of Mothers Against Drunk Driving regarding host duty to minor with regard to alcohol); and
  • Thompson v. UBS Financial Servs., Inc., 443 Md. 47 (2015) (whether conversion of intangible property required conversion of the document that embodied the party’s right to that property).