Appeals Practice

Eaton & Van Winkle appellate practice consists of appeals before the U.S. Supreme Court, all the U.S. Circuit Courts of Appeals, including work before the U.S. Court of Appeals for the Federal Circuit for exclusive jurisdiction on patent appeals, and the Appellate Divisions of the New York State Courts and many times before the highest court in New York, the Court of Appeals.

An EVW appellate attorney comes from a team with a long history of success at the appellate level. Our attorneys have handled appeals in each of the eleven Circuit Courts, appeals within the agencies of the United States Department of Commerce, including the United States Patent Office, the International Trade Commission, as well as the Circuit Court for the District of Columbia. EVW attorneys

Partner Martin Garbus, for example, has argued before the Supreme Court and served as co-counsel in such cases as Smith v. King, 392 U.S. 309, Kelly v. Goldberg, 394 U.S. 971, Jacobellis v. Ohio, 378 U.S. 184, and Ashton v. Kentucky, 384 U.S. 195, in which the court effectively invalidated all criminal libel laws in the U.S., as well as dozens of amicus briefs. Kelly was described by Justice William Brennan as perhaps the most important due process case in the Twentieth Century. Mr. Garbus has taught appellate and trial practice at Harvard, Yale and Columbia Universities, as well as in universities in China, Italy, the former Soviet Union, and Czechoslovakia.

Partner Robert Bernstein has appeared before the Seventh Circuit, successfully arguing price fixing on the London Metal Exchange stated a claim in the U.S. for violating U.S. antitrust laws. He successfully defended clients accused of price fixing, and succeeded on an emergency appeal to the Second Circuit to enforce an order seeking U.S. discovery in aid of a German legal proceeding where discovery was not permitted. He obtained an order of mandamus from the Temporary Emergency Court of Appeals directing the U.S. Department of Energy to refund payments made by an oil refinery before the oil regulations were abolished. Partner Maxim Waldbaum has argued and/or briefed 10-15 patent appeal cases including numerous amicus curiae briefs to the Supreme Court and the Federal Circuit. Partner Joseph Johnson has perfected and argued more than forty appeals before the Appellate Divisions of the New York State Courts.


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