Heyl Royster

Appellate Advocacy

Offering a skilled team of attorneys dedicated to the specialized nature of the appellate practice.

Heyl Royster's full-service legal representation includes experienced and skilled appellate attorneys to guide your case through the courts and will help navigate the complexities of the appellate process. We understand when and how to appeal a decision from a lower court or respond to an opponent's appeal, knowing it requires skills and experience different from those used before the lower court.

Using experienced appellate counsel is an essential step in the successful handling of an appeal. Our appellate attorneys provide unique familiarity with appellate rules and procedures and offer a fresh perspective on the case. While trial attorneys are proficient in marshaling facts, presenting evidence, and persuading juries, appellate attorneys employ their skills in research and writing to help craft issues and formulate arguments to maximize your opportunity for success on appeal. An experienced appellate counsel helps by selecting the most significant issues for appeal and presenting those issues concisely and coherently in both written and oral arguments. 

Heyl Royster's diverse experience includes appeals of cases tried in the trial courts and cases tried by others, where our involvement begins at the appellate level. Clients refer cases to us regardless of whether they are the appellant or appellee, confident that we have familiarity with the complex appellate rules and procedures and that our staff includes appellate advocates well-skilled in the persuasive analytical writing and speaking necessary to prevail in the appellate arena.

Because of the specialized nature of the appellate practice, Heyl Royster provides a skilled team of lawyers with more than 30 combined years of practice focused on appellate advocacy. By virtue of their concentration in substantive areas of the law, such as medical malpractice, workers' compensation, and federal civil rights law, the Appellate Advocacy team brings further expertise to handle your appeal.

 

APPELLATE ADVOCACY SERVICES

The Appellate Advocacy team not only handles all aspects of an appeal, including establishing appellate jurisdiction, notices of appeal, selection of issues for appeal, drafting briefs, and oral argument, but also has extensive experience in pre-appellate matters, such as:

  • Appeal and Surety Bonds
  • Appellate motion practice
  • Consulting on trial strategy
  • Evaluating prospects for appellate success
  • Interlocutory appeals and extraordinary writs
  • Preparation of post-trial motions
  • Preparing jury instructions
  • Researching and drafting significant or complex dispositive motions

 

PROFESSIONAL DISTINCTIONS

Our Appellate Advocacy team has significant experience and involvement in professional associations, including the Illinois Appellate Lawyers Association.

 

WHEN EXPERIENCE MATTERS

Heyl Royster's diverse experience in appellate advocacy and skilled team of appellate attorneys understand how and when to appeal a decision. Whether consulting with attorneys to formulate the best trial and appellate strategy, evaluating appellate options, or handling the entire appeal, Heyl Royster's Appellate Advocacy team is ready to help you with your appellate needs.

Heyl Royster Is Ready To Defend You

Contact One Of Our Skilled Attorneys Today!

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Results

Wilson v. OSF Healthcare System, et al., No. 4-22-0475, 2023 IL App (4th) 220475-U -The Illinois Appellate Court, Fourth District, affirmed the Circuit Court’s judgment dismissing a wrongful death case with prejudice and assessing sanctions based on false pleadings filed by the plaintiff and her counsel.

Reardon v. Danley, No. 22-2404, __ F.4th __, 2023 WL 4677019 (7th Cir. 2023) – The U.S. Court of Appeals for the Seventh Circuit affirmed the District Court's order dismissing multiple civil rights claims brought against the Coles County State’s Attorney and other public officials filed by the attorney who lost to the State’s Attorney in the 2020 election.

Anderson v. Anderson, 2021 IL App (3d) 200497-U, appeal denied, 187 N.E.3d 723 (Ill. 2022) – The Illinois Appellate Court, Third District, affirmed the trial court's order holding that it lacked personal jurisdiction over the out-of-state defendant and dismissing the plaintiff's complaint with prejudice.

Bueker v. Madison County, 2016 IL App (5th) 150282, 61 N.E.3d 237 – The Illinois Appellate Court, Fifth District, held that claims against the County should have been dismissed as plaintiffs had failed to allege a valid cause of action against the County and ordered the trial court to dismiss the County when considering the appeal of class certification in favor of the plaintiffs.  

Daker v. State Farm Fire & Casualty Company, 1:20-CV-01052, 2020 WL 12811607 (C.D. Ill. Nov. 24, 2020) – The U.S. Court of Appeals for the Seventh Circuit affirmed the District Court's order dismissing the plaintiff's third amended complaint as being filed outside of the contractual time period for the filing of claims against an insurer.

Esker v. Lutz, 19-CV-00691-SPM, 2021 WL 3164254 (S.D. Ill. July 27, 2021), aff'd, 21-2574, 2022 WL 3544402 (7th Cir. Aug. 18, 2022) – The U.S. Court of Appeals for the Seventh Circuit affirmed the District Court's grant of summary judgment in favor of the defendant, a police officer who discharged his firearm, killing an individual who was approaching him with a running chainsaw, finding that the officer's use of deadly force was objectively reasonable in light of the facts and circumstances confronting him. 

Gaetjens v. City of Loves Park, 4 F.4th 487 (7th Cir. 2021), reh'g denied (Aug. 12, 2021), cert. denied, 212 L. Ed. 2d 582, 142 S. Ct. 1675 (2022) – The U.S. Court of Appeals for the Seventh Circuit affirmed the District Court's order granting summary judgment in favor of the defendants, including the Winnebago County Animal Services Officers who seized 37 cats from a condemned home pursuant to the exigent circumstances exception to the warrant requirement based on animals in imminent danger.

White v. Scott, 849 Fed. Appx. 606 (7th Cir. 2021), reh'g denied (July 29, 2021) – The U.S. Court of Appeals for the Seventh Circuit affirmed the District Court's order granting summary judgment in favor of the defendants concluding that the plaintiff-detainee was not deprived of liberty without due process when required to wear black-box handcuffs when he left the detention facility.

Peoria-Tazewell Pathology Group, S.C. v. Sutkowski Law Office Ltd., 2022 IL App.(3d) 200245-U – The Illinois Appellate Court Third District, affirmed the trial court's order dismissing the plaintiff's complaint as not being timely filed in accordance with the statute of limitations in a legal malpractice action.

Porter v. Cub Cadet LLC, 2020 IL App (2d) 190823, 166 N.E.3d 201 – The Illinois Appellate Court Second District, affirmed a trial court's order granting the defendant's motion to dismiss in a case where the plaintiff claimed he suffered injuries due to the negligent design of a utility tractor manufactured by defendants. The appellate court found that the plaintiff's allegations that the defendants deviated from the standard of care that other manufacturers in the industry followed at the time of manufacture were conclusory and unsupported by factual allegations. The court held that the trial court properly dismissed the plaintiff's negligent product design claim and failure to warn claim based on a voluntary-undertaking theory.

Sims v. Illinois Workers Compensation Commission, 2019 IL App (1st) 190643WC-U – The Illinois Appellate Court, First District, Workers Compensation Division, affirmed the trial court's judgment confirming the Workers' Compensation Commission's decision finding that the claimant's condition of shoulder and spine ill-being was not causally related to her work injury and denied her request for an award of attorney fees and penalties.

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