Appellate Advocacy

Cousineau, Van Bergen, McNee & Malone, P.A.’s appellate attorneys represent clients in state and federal appeals courts in Minnesota, Wisconsin, and North Dakota. Whether appealing from or responding to an appeal from a summary judgment order or trial verdict, appellate advocacy is a unique area of practice that requires an attorney able to present a compelling argument to a panel of appellate judges who will decide whether to affirm or reverse the trial court’s decision.

Our attorneys understand that a successful appeal begins with a critical review of the record and applicable standard of review in order to assess the merits of an appeal. Our experienced and knowledgeable appellate attorneys then identify the critical factual or legal issues and present the client’s position in a persuasive but concise brief and at oral argument.

Some of the appellate cases our attorneys have handled include:

  • Expose, Jr. v. Thad Wilderson & Assoc., P.A. (MN) (Therapist’s Duty to Warn)
  • Isanti Estates, LLC v. McCarthy Well Co. (MN) (Failed Commercial Well)
  • Dybdahl v. Midwave Corp. (MN) (Age Discrimination)
  • Great West Cas. Co. v. National Cas. Co. (8th/ND) (Trucking/Non-Trucking Insurance)
  • In re Kurdyumova (MN) (Burial of Human Remains)
  • Glendalough Homeowners Assoc. v. Nassar (MN) (Construction Defect)
  • Casey v. Smith (U.S./WI) (Trucking/Non-Trucking Insurance)
  • General Mills Operations, LLC v. Five Star Custom Foods, Ltd. (8th/MN) (Product Liability)
  • Perry v. Zurich North American, Inc. (MN) (UIM Coverage/Wrongful Death)
  • George v. Wisconsin Mutual Ins. Co. (WI) (Cancellation of Insurance Policy)
  • Brown v. Sandeen Agency, Inc. (WI) (Workers’ Compensation Coverage)
  • Great West Cas. Co. v. Carolina Cas. Ins. Co. (MN) (Trucking/Non-Trucking Insurance -Wrongful Death)
  • Auto-Owners Ins. Co. v. Great West Cas. Co. (MN) (Trucking/Non-Trucking Insurance – No-Fault)
  • Precision Diversified Industries v. Colgate (MN) (Legal Malpractice)
  • Starr v. Metro System, Inc. (8th/MN) (ERISA Notification)