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MCB's Appellate Team from Left to Right
Arjay G. Yao, Barbara D. Goldberg, Stewart G. Milch
Practice Overview Martin Clearwater & Bell LLP’s Appellate Department consists of a team of dedicated specialists who focus their practice on appellate advocacy in state and federal courts. These highly skilled appeals attorneys have worked extensively in the fields of health care law, medical negligence, products liability, employment and labor law, professional liability and all the practice areas for which MCB is known. Their varied backgrounds include experience in the court system, the public sector and private practice. A successful appeal begins at the pre-trial motion or trial level. Members of our Appellate Department work closely with other litigators at each stage of the proceedings to frame key issues, advance the most persuasive arguments, and ensure that issues are properly “preserved” for appellate review. This collaborative process continues through the post-verdict and appellate phases of the litigation, as our appeals attorneys offer objective advice and analysis, and assist in preparing dispositive motions as well as appellate briefs. Our appellate team also provides detailed evaluations of sustainable damages in high-exposure cases, which helps posture these cases for favorable settlements. Their knowledge of the revised CPLR Article 50-A, the structured judgment statutes applicable to medical malpractice actions, allows our clients to obtain the maximum benefits of these complex provisions. Through the trial monitoring aspect of their practice, members of the Appellate Department provide “hands on” assistance to trial counsel with motions, requests to charge and other issues that arise, as well as reporting back to the client on the day’s proceedings. As appellate advocates, this team has particular expertise in legal research, persuasive writing and cogent oral argument. Their successes in the Appellate Division, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit have helped shaped the law of the State of New York. New York has a uniquely complicated system of appellate courts, each with its own set of procedural rules and technical requirements. Our appellate lawyers are familiar with both the written and the unwritten rules that are essential to prosecuting or defending appeals in these different courts. They also know the appellate clerks and judges, which helps them craft the most effective presentation in each case. The specialized knowledge of the members of the Appellate Department is reflected in their participation in Continuing Legal Education programs for the bench and bar, as well as in their published writings for journals and texts addressed to the legal and medical communities. In addition, MCB’s appellate attorneys keep other members of the staff abreast of current trends and significant developments through in-house lectures and publications. Their combination of specialized skills allows our appellate practitioners to provide focused research and cost-effective, creative solutions to our clients' problems. Whether the objective is to change an unfavorable result or uphold a favorable one, attorneys in the MCB Appellate Department know how best to proceed. They have the expertise and flexibility to provide a reliable, timely response to complex and challenging issues. We stand ready to discuss litigation strategy and review other matters of concern. A fresh perspective and different approach can help lead to a more satisfactory outcome, such as dismissal of a complaint, a new trial or a substantial reduction in damages.
Coming Soon
MCB Appeals. A place to learn about new case law, recent decisions, articles and upcoming seminars. Attorneys Barbara D. Goldberg
Stewart G. Milch
Arjay G. Yao
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