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Appellate

Tycko & Zavareei LLP’s Appellate Practice Group represents consumers, whistleblowers, and the public interest in state appeals courts, the federal circuit courts of appeals, and the United States Supreme Court. We handle appeals in the firm’s own cases and also handle or assist with appeals on behalf of other law firms in the class action and qui tam spaces.

We bring fresh and creative perspectives to cases on appeal and present clear, focused, and powerful arguments in our written and oral advocacy. We pride ourselves on the thoroughness of our research and our mastery of the law and record in each case. We also deeply appreciate the importance of keeping sight of the big picture. Accordingly, we strive in each appeal to tell a consistent narrative of the case that is both persuasive and enjoyable to read.

Members of our Appellate Practice Group possess impeccable credentials. Our team members graduated from Duke, Harvard, Columbia, Berkeley, and University of Chicago law schools. We draw on the experience gained in three federal appellate clerkships, three federal district court clerkships, and one clerkship for a judge on the District of Columbia’s highest court.

We believe the best appellate lawyers maintain active trial practices as well. Each member of our Appellate Practice Group works on cases at every stage of litigation. Our team members also bring unique perspectives to the table. Before joining the Tycko & Zavareei LLP team, our lawyers practiced at top-tier corporate law firms, leading civil rights and public interest organizations, and the federal government. Our diverse professional and personal backgrounds allow us to approach appellate issues from many viewpoints and develop creative and compelling arguments.

Below is a sample of our ongoing appellate matters and prior successes:

  • Coinbase, Inc. v. Bielski, No. 22-105: Lead counsel for plaintiff in United States Supreme Court and Ninth Circuit litigation.  Read the Opposition to Motion to Stay, Opposition to Petition for Writ of Certiorari, and Opposition Brief.
  • UPPI, LLC v. Cardinal Health, Inc., No. 21-35905 (9th Cir.): Co-lead counsel in appeal that resulted in the Ninth Circuit reviving a multimillion dollar False Claims Act suit against one of the nation’s largest corporations. Read the Opening Brief.
  • King v. Baylor University, No. 21-50352 (5th Cir.): Briefed and argued appeal that resulted in the Fifth Circuit reversing the dismissal of a class action suit by a student against her university for refusing to refund tuition and fees paid for in-person, on-campus instruction and services canceled during the COVID-19 pandemic. Read the Appellant Brief and ReplyListen to the argument.
  • McAdams v. Robinson, 26 F.4th 149 (4th Cir. 2022): Obtained affirmance of settlement approval in class action against loan servicer for violating federal and state consumer protection laws in servicing mortgage loans. Read the Brief.  Listen to the argument.
  • Alexander v. Carrington Mortgage Services, LLC, 23 F.4th 370 (4th Cir. 2022): Obtained reversal of dismissal of class action against mortgage servicer for violating debt-collection laws by charging them fees to make their mortgage payments online or by phone, even though their mortgage agreements did not provide for such fees. Read the Opening Brief and Reply BriefListen to the argument.
  • Spielman v. United Services Automobile Association, No. 21-80132 (9th Cir. Feb. 25, 2022): Successfully opposed petition for appellate review of class certification against one of the nation’s largest auto insurance companies in class action alleging that the insurer underpaid policy holders whose vehicles were totaled in an accident.  Read the Brief.
  • Webb v. City of Maplewood, No: 21-8012 (8th Cir. Dec. 30, 2021): Successfully opposed petition for appellate review of class certification in constitutional challenge to a city’s cash bail practices.
  • Dillon v. BMO Harris Bank, N.A., 856 F.3d 330 (4th Cir. 2017): Briefed and argued appeal that resulted in affirmance of the district court’s invalidation of an arbitration agreement in payday lending class action.  Listen to the argument.
  • In re APA Assessment Fee Litig., 766 F.3d 39 (D.C. Cir. 2014): Briefed and argued appeal that led to reversal of the trial court’s dismissal of class action alleging improper dues-charging practices by a professional organization.

Appellate Successes

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Co-lead counsel in appeal that resulted in the Ninth Circuit reviving a multimillion dollar False Claims Act suit against one of the nation’s largest corporations.

Briefed and argued appeal that resulted in the Fifth Circuit reversing the dismissal of a class action suit by a student against her university for refusing to refund tuition and fees paid for in-person, on-campus instruction and services canceled during the COVID-19 pandemic.

Obtained affirmance of settlement approval in class action against loan servicer for violating federal and state consumer-protection laws in servicing mortgage loans.

Obtained reversal of dismissal of class action against mortgage servicer for violating debt-collection laws by charging them fees to make their mortgage payments online or by phone, even though their mortgage agreements did not provide for such fees.

Successfully opposed petition for appellate review of class certification against one of the nation’s largest auto insurance companies in class action alleging that the insurer underpaid policy holders whose vehicles were totaled in an accident.

Successfully opposed petition for appellate review of class certification in constitutional challenge to a city’s cash bail practices.

Briefed and argued appeal that resulted in affirmance of the district court’s invalidation of an arbitration agreement in payday lending class action.

Briefed and argued appeal that led to reversal of the trial court’s dismissal of class action alleging improper dues-charging practices by a professional organization.

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