Ansa Assuncao LLP handles important appeals for its clients.
We are often retained to advise clients on appellate issues before and during trial, or brought into a case after trial to handle post-trial motions and the appeal. Our attorneys have represented clients in appellate courts throughout the country. When we try a case, we do so in full anticipation of the issues that may prove vital on appeal.
Our appellate representations have included matters pending before the United States Supreme Court, various Federal Circuit Courts of Appeal, and various State intermediate and supreme courts of appeal.
United States Supreme Court—Appellate Attorneys
Our attorneys' more recent experience before the United States Supreme Court includes the case J. McIntyre Machinery, Ltd. v. Nicastro, __ U.S. __, 131 S.Ct. 2780, 180 L.Ed.2d 765, 79 USLW 4684 (U.S. June 27, 2011), in which our client won its appeal involving an important issue of constitutional law. The case was closely watched by the international business and legal communities because of its impact on the financial exposure international companies might face in the United States when products manufactured overseas are sold in this country.
In J. McIntyre Machinery, Ansa Assuncao successfully petitioned and argued before the Supreme Court of the United States, resulting in the reversal of the New Jersey Supreme Court's improvident exercise of personal jurisdiction over the firm's client, J. McIntyre Machinery, Ltd., a Nottingham, U.K.-based manufacturer of scrap metal recycling equipment.
For 24 years, the United States Supreme Court left unsettled the constitutional limitations on a court to exercise its power over defendants who are not residents of the state in which the court sits. This foundational area of the law, one studied by every law student, has been developed for over a hundred years by the Supreme Court. But in 1987, the Court split evenly on how to interpret the "minimum contacts" with a state by a defendant that would permit the constitutional exercise of personal jurisdiction where the defendant's product allegedly caused injury within the state. Over the next two decades, numerous petitions were filed with the Supreme Court by parties seeking clarification, but each was denied until we obtained certiorari for J. McIntyre. We briefed and argued the case, and won 6-3, reversing the decisions of the New Jersey Supreme Court (available here) and the New Jersey Appellate Division (available here).
The underlying case involved a New Jersey plaintiff who had several fingers amputated while working with a scrap metal recycling shear. J. McIntyre Machinery manufactured the machine in the U.K., and sold and shipped it to a company in Ohio, which in turn sold it to a New Jersey scrap metal dealer. The client had no contacts with New Jersey and no knowledge of the sale into New Jersey.
The trial court granted our motion to dismiss for lack of personal jurisdiction (twice) and the appeal was twice argued before the New Jersey Appellate Division, which remanded the case the first time for jurisdictional discovery and the second time on the merits of the jurisdictional challenge. Steven Gooby handled both the trial court and Appellate Division arguments. In July 2008, the New Jersey Supreme Court granted certification.
In January 2009, Mr. Gooby argued before the New Jersey Supreme Court. More than a year later, in a 5-2 decision, that Court affirmed the lower appellate court's determination that New Jersey courts could exercise personal jurisdiction over our client, and did so by fashioning a new rule of jurisdiction that gave courts almost unlimited power to hear cases involving non-resident defendants. The majority's approach was harshly criticized in dissents by two Justices.
Arthur Fergenson, who had clerked for Chief Justice Warren E. Burger, joined our appellate team as counsel of record before the U.S. Supreme Court. We drafted and filed the petition papers, obtained certiorari, and drafted and filed our merits briefs. Mr. Fergenson argued on January 11, 2011, and the Court decided in favor of our client on the last day of the Term, June 27. Justice Kennedy wrote for a plurality of four, and Justice Breyer wrote a concurrence for himself and Justice Alito. Both decisions appeared to be substantially influenced by our arguments, and Justice Breyer's opinion adopted several novel theories that we had put forward. Justice Ginsburg wrote a dissent, joined by Justices Sotomayor and Kagan.
Some additional examples of appeals Ansa Assuncao attorneys have handled include the following reported cases:
- The Business Edge, Inc. v. Champion Mortgage, 519 F.3d 150 (3d. Cir. 2008) (dispute involving allegations that plaintiff violated Federal Communications Commission regulation which prohibited entities from acquiring toll telephone numbers).
- Mount Laurel Tp. v. MiPro Homes, LLC, 188 N.J. 531, 910 A.2d 617, 2006 WL 3523984, N.J., December 7, 2006 (submitted brief on behalf of amicus curiae National Association of Home Builders).
- Hardwicke v. American Boychoir School, 188 N.J. 69, 902 A.2d 900, 2006 WL 2255679, 211 Ed. Law Rep. 377, N.J., August 8, 2006 (dispute involving claims of sexual abuse).
- Krystal Investigations & Security Bureau, Inc., v. United Parcel Service, Inc., 35 A.D.3d 817, 826 N.Y.S2d 727 (2d Dep't 2006) (breach of contract claim by security service corporation against package delivery company to recover damages)
- Sandpiper Development & Construction, Inc. v. Rosemary Beach Land Company, 907 So.2d 684 (Fla. 1st DCA 2005) (opinion of substantial importance to the developer community in Florida with regard to the enforcement of rights and obligations created by community governing documents).
- J.D. Cousins & Sons, Inc. v. Hartford Steam Boiler Inspection and Ins. Co., 341 F.3d 149, 2003 WL 21983716, C.A.2 (N.Y.), August 21, 2003 (Docket No. 02-9277) (dispute involving manufacturer of horizontal pressure vessel which brought action for breach of contract against vessel inspector).
- David Bova v. Caterpillar, Inc., 305 A.D.2d 624, 761 N.Y.S.2d85 (2d Dep't 2003) (action for personal injuries related to allegedly defective forklift).
- Francesca Longo v. Armor Elevator Company, Inc., 307 A.D.2d 848 763 N.Y.S.2d 597 (N.Y.A.D.) (2003) (action for personal injuries sustained when an elevator allegedly malfunctioned).
Appellate Counsel in Tampa, East Brunswick, New York, Philadelphia, and Baltimore
With five offices in Pennsylvania, New York, New Jersey, Maryland and Florida, and access to local counsel nationwide, Ansa Assuncao LLP has the talent and experience to handle your important appeal before any state or federal court of appeal.
For more information, E-mail or call 800-684-9338.