Warnken, LLC Attorneys at Law, Attorneys & Lawyers, Pikesville, MD

Civil Appeals

Warnken, LLC, Civil Appeals

In this Firm’s civil appeals, we often represent the Appellant, often as an unsuccessful Plaintiff.  We have represented unsuccessful Defendants as well.  Occasionally, we represent the Appellee, meaning a successful Plaintiff or a successful Defendant.  The term “Maryland civil appeal” is broad, and our civil appeals typically involve the following types of cases:

  • Medical Malpractice Appeals
  • Business Dispute Appeals
  • Contract Appeals
  • Intentional Tort Appeals & Negligence Appeals
  • Land Use Appeals
  • Punitive Damages Appeals
  • General Fraud Appeals & Mortgage Fraud Appeals
  • Family Law Appeals
  • Estate Litigation Appeals
  • Medical Licensure Appeals
  • Wrongful Termination Appeals
  • Appeals That Interpret and/or Address the Constitutionality of State Statutes & Local Government Ordinances
  • Appeals from Administrative Agencies That Interpret Administrative Rules & Regulations

Sample Civil Appeal: Wins in COA & CoSA in Same Case

The Plaintiff won a $500,000 verdict for wrongful termination against a multi-national corporation, which then filed a motion for judgment notwithstanding the verdict (JNOV).  The trial court granted the motion, “throwing  out” the $500,000 verdict.  The Plaintiff hired this Firm to appeal to the Court of Special Appeals of Maryland (CoSA).  We persuaded the CoSA (3-to-0) that the trial court lacked the authority to grant the JNOV.  The Appellee persuaded the Court of Appeals of Maryland (COA) to take the appeal.  We persuaded the COA (7-to-0) that the lower appeals court was correct.  On remand, the trial court granted the Defendant’s motion for a new trial.  We appealed again, but the CoSA held that there was no final judgment.  Eventually, we negotiated a very favorable settlement.

Sample Civil Appeal: Medical Malpractice Appeal

Having won a significant judgment in the Circuit Court for Baltimore City, the successful plaintiff was then required to defend his judgment on appeal.  His trial counsel brought in Byron L. Warnken and Warnken, LLC to represent the plaintiff, now appellee, on appeal.  There were issues involving contributory negligence,  admissibility of expert witness testimony as to future medical costs, and trial and post trial rulings involving legal sufficiency.

Sample Appellate Briefs and Argument:  Dental Malpractice Appeal

In a case dealing with dental malpractice and  lack of informed consent, Warnken, LLC prevailed 3-0 on appeal.  Having previously lost on summary judgment, our client approached us about handling the appeal.  We filed the appeal, briefed the case, and argued the case in Annapolis.  It was argued the same day we argued another case before the Court.  We won that case also.

Back-to-Back Civil Appeal Wins in CoSA on Same Day

Warnken, LLC represented the same Appellant in two appeals on the same day and won both cases.  In one case, our Client, as Defendant, lost because the trial court permitted the jury to find him personally liable.  On appeal, we persuaded the CoSA that our client entered the agreement as an entity, and the trial court was legally incorrect to permit the jury to pierce the corporate veil.  In the other case, our Client, as Plaintiff, lost a $200,000 breach of fiduciary duty case when the trial court granted summary judgment for the Defendant.  On appeal, we persuaded the CoSA to reverse and remand for a trial on the merits.  On remand, the trial court again granted summary judgment.  Again, we appealed.  Again, we prevailed.  The case settled for the full $200,000 claim.

7-to-0 Win in Civil Appeal in the COA

This Firm represented a former Maryland State Senator who was denied the right to register to vote, which was a necessary predicate to the right to run for public office.  We obtained an injunction against the State, the State appealed, and the COA took the case away from the CoSA on its own motion.  We prevailed 7-to-0 in the COA on the statutory construction of the constitutional provision for re-acquiring the right to vote after being disenfranchisement because of a criminal record.

Contact Us for Assistance

You may reach us by phone at 443-921-1100.