Appellate Practice Group

Led by Andrew Rozynski and David John Hommel, the firm’s Appellate Practice Group rebuilds cases from the ground up. The appellate work focuses on cutting-edge legal issues across a broad range of practice areas.

Last fall, after successfully petitioning for certiorari, Andrew argued before the U.S. Supreme Court in Cummings v. Premier Rehab, in which the Court considered whether discrimination plaintiffs may recover damages for emotional distress under Title VI and related statutes. Andrew and David also secured victories for discrimination plaintiffs in the Second and Sixth Circuits despite a then-majority view held by district courts. Ultimately, under the Affordable Care Act, plaintiffs have a four-year window to have their day in court, and the appellate decisions also confirm a broad construction of the statute, especially for those seeking reasonable accommodations. Furthermore, in Castillo v. G&M Realty L.P., Eric Baum successfully argued before the Second Circuit that temporary works of art, including aerosol art, qualify for protections under the Visual Artists Rights Act. The decision also affirmed a trial court’s award of $6.75 million in damages to visual artists responsible for the mural space known at 5 Pointz.

In support of the firm’s appeals, amicus briefs have been filed by the U.S. Department of Justice, the U.S. Solicitor General’s Office, the Equal Employment Opportunity Commission, and various disability organizations, among other entities.

And even before the appeal, our attorneys collaborate with trial teams to spot legal issues, protect the record on appeal, and lead motion practice on summary judgment and evidentiary issues. In doing so, the firm has successfully vacated adverse grants of summary judgment or post-trial rulings—for example, before the Second Circuit (Biondo v. Kaleida Health), the Fifth Circuit (Shelton v. Louisiana), and the Ninth Circuit (Tauscher v. Phoenix Board of Realtors, Inc.).