Appellate practice

The Appeals Process in Fort Lauderdale
Making sure the law and the evidence support the ultimate outcome of the case requires an attorney to have a deep understanding of both trial and appellate law. Appeal cases rely heavily on legal persuasiveness and the record as established at the trial level to show an appellate panel or judge that a trial was correctly done or was flawed. The Conrad Scherer Appellate Attorney team has extensive experience advocating for our clients’ interests in venues at all levels of the justice system, from state and federal appellate courts to state supreme courts to the Supreme Court of the United States. We’ve successfully handled appeals on a broad range of issues, including securities litigation, class actions, mass torts, product liability, civil rights and human rights violations, medical malpractice, commercial disputes and more.


Conrad & Scherer – Appellate Experts
Conrad & Scherer has a wide range and depth of experience in appellate practice that starts from the bottom up. Our experience includes consulting on and acting as advisor at the trial court stages, assisting with discovery issues, dispositive motions, jury instructions and post-trial motions to preserve issues on appeal, monitoring and advising trial court proceedings, and handling appeals in cases tried by other firms in both federal and state courts. Whether in federal or state court, your Conrad & Scherer appeals attorney can help you evaluate the issues, move for post-trial relief, and handle the appeal in Fort Lauderdale court.


Our team will satisfy whatever role best suits our client’s needs, ranging from consultation with trial counsel to independent pursuit of a complete appeal. Our attorneys can practice in all State and Federal courts in Florida and in other jurisdictions as well.


Fort Lauderdale Appellate Attorneys
The Conrad Scherer attorney team has extensive experience in pursuing appeals from unfavorable rulings at the trial or district court level, as well as defending appeals brought by others. We have litigated appeals at various district courts throughout the state of Florida, the Florida Supreme Court, the Eleventh Circuit and district courts from bankruptcy rulings, as well as at the United States Supreme Court.


At these various levels of appeal, Conrad & Scherer can provide the experienced counsel that you would expect to receive from a large firm, but with the personalized attention that is lacking from many other large firms in South Florida. The services provided by the firm in this area extend from trial and pre-trial services to ensure all matters are preserved for appeal, through the full appellate process and oral argument on appeal. Aside from our experienced attorneys, the Conrad Scherer team also includes meticulous researchers and highly skilled writers who understand how an appellate brief should be written and prepared to ensure the presiding judge understands the key issues in any appeal.


Meet Conrad & Scherer’s Experienced Appellate Attorneys
Within the Appellate Practice Area of our firm, Conrad & Scherer has several experts with decades of combined experience. Here are few of them:

• Eric J. Hager – Partner
• Russel R. O’Brien – Partner
• Janine Kalagher McGuire – Senior Associate
• Candace A. Mance – Senior Associate
• Patrick O’Neil – Associate
• Eric M. Yesner – Associate


All types of cases can require or result in appellate actions, so it is critical that you work with a firm comprised of several individuals who understand and have experience with appellate law. At Conrad & Scherer, our dedicated team of appellate lawyers will fight for you!


Trust Conrad & Scherer’s Experienced Appellate Team
Conrad & Scherer’s attorneys have been fighting for commercial and individual clients fore more than 45 years. Our diverse team has vast experience litigating large, small, complex, and simple appellate law cases in the greater South Florida area and beyond. We also have offices in other states including New York and North Carolina, and our firm also operates an office in Quito, Ecuador. If you, a close relative, or friend needs legal advice or representation for an appellate or trial matter, call the professional at Conrad Scherer today. Our team of experienced attorneys will guide you and help find the most favorable outcome for your specific set of circumstances.

  • ERIC J. HAGER
    AREAS OF PRACTICE
    BIO
    ERIC J. HAGER
    Partner
    ERIC J. HAGER
    EDUCATION
    • Columbia University School of Law, Juris Doctor, 2006
    • American University, Bachelor of Science, 2000
    BAR ADMISSIONS
    • Massachusetts Bar, 2006
    • District of Columbia Bar, 2007
    • United States District Court for the District of Columbia, 2007
    • Eleventh Circuit Court of Appeals, 2009
    • Ninth Circuit Court of Appeals, 2010
    • District of Columbia Circuit Court of Appeals, 2013
    BIOGRAPHY:

    Eric Hager is a partner in the Firm’s Quito, Ecuador office. His practice includes transnational litigation, appeals, commercial fraud & forensic recovery, securities & financial regulatory litigation, consumer finance litigation, general civil litigation, appeals, land use litigation, securities & financial regulatory litigation and trust litigation.

    Mr. Hager’s experience in complex litigation is varied. He has played key roles in diverse matters in a number of state and federal courts throughout the country and has managed multinational teams on difficult e-discovery and other discovery projects. Mr. Hager has also led or participated in appeals in multiple state and federal courts. He has worked closely with experts on foreign law from Ecuador, Colombia and Peru. Mr. Hager has drafted successful requests for discovery in relation to foreign legal proceedings under 28 U.S.C. § 1782, which is a statute allowing litigants to obtain discovery related to foreign legal proceedings using the assistance of U.S. courts. In addition, he provides the firm’s Latin American clients with assistance in cross-border litigation and transactions.

    Mr. Hager has experience briefing a wide range of complicated legal issues. Representative issues include choice of law, including between foreign and U.S. law; international comity, forum non conveniens, and other defenses common to transnational litigation; statutory construction of state, federal, and foreign statutes; removal from federal court and remand to state court; the intersection of state property law and federal tax law; standing and capacity to sue; issue and claim preclusion; tolling of the statute of limitations and other timeliness issues; and procedural issues associated with a variety of pre-trial motions, including motions to dismiss, motions for summary judgment, discovery motions, and motions in limine.

    Prior to focusing on commercial litigation and appeals, Mr. Hager spent over six years primarily representing the firm’s clients seeking to hold multinational corporations accountable for human rights abuses. In that role, he took and defended depositions abroad and in the U.S., obtained a reversal on a key issue from the U.S. Court of Appeals for the District of Columbia Circuit, briefed numerous other appeals, argued pre-trial motions before state and federal courts, and led discovery-related and other field work in remote regions of Colombia, Ecuador and Peru.

    Before joining the Firm in 2009, he practiced as a commercial litigator, primarily working on consumer financial services matters in the Washington, D.C. office of a large national firm.

    Mr. Hager is fluent in Spanish, resides in Quito, Ecuador, and has traveled extensively throughout the South American Andean region on business.

    Awards/Recognitions
    • Columbia University School of Law, Harlan Fiske Stone Scholar
    • Columbia University Journal of Environmental Law, Articles Editor
    • Fulbright Scholar, Canada-U.S. Fulbright Program, September 2002 to May 2003
  • RUSSELL R. O’BRIEN
    AREAS OF PRACTICE
    BIO
    RUSSELL R. O’BRIEN
    Partner
    RUSSELL R. O’BRIEN
    EDUCATION
    • University of Miami School of Law, Juris Doctor, magna cum laude, 2010
    • University of California at Berkeley, Bachelor of Arts
    BAR ADMISSIONS
    • Florida Bar, 2010
    • United States District Court for the Southern District of Florida
    • United States District Court for the Middle District of Florida

     

    BIOGRAPHY:

    Russell O’Brien is a Partner in the Firm’s Fort Lauderdale office and concentrates his practice on contract disputes, securities litigation, fraud (misrepresentation, inducement, transfers, aiding and abetting and conspiracy), fiduciary relationships and business torts, shareholder disputes (direct and derivative), and class action defense. He also has experience in admiralty law, including vessel acquisitions and sales, vessel refurbishment and repair, vessel charter, and foreclosing and defending against necessaries liens and first preferred ship mortgages.

    Russell is the Firm’s Administrative Partner and manages the Firm’s eDiscovery department. He regularly advises corporate clients regarding eDiscovery planning and protocols, e-Retention, and litigation concerning eDiscovery disputes.

    Russell has represented Fortune 500 companies, small businesses and individuals in both jury and bench trials, and has wide-ranging courtroom experience in both state and federal court. Prior to joining Conrad & Scherer, Mr. O’Brien practiced at an AM 100 law firm, primarily representing financial institutions in class action litigation.

    Community Involvement/Affiliations
    • Broward County Bar Association
    • 17th Judicial Circuit Grievance Committee Member, since 2018
    Notable Experience
    • Represented jet engine manufacturer in breach of lease claim and obtained prejudgment writ of attachment on commercial aircraft
    • Appeared before SEC for extensive attorney proffers and client interview in connection with violations of Rule 10b of the Exchange Act
    • Represented company in jury trial for breach of yacht charter management agreement and fines incurred while yacht was in French waters
    • Represented South American business and individuals in cross-border dispute, including challenges to personal jurisdiction and service of process issues under Peruvian law
    • Defended multiple insurance companies in class actions in connection with Florida’s No-Fault insurance statute, including negotiating settlement, final fairness hearings, and issues regarding notice to class members
  • JANINE KALAGHER MCGUIRE
    AREAS OF PRACTICE
    BIO
    JANINE KALAGHER MCGUIRE
    Senior Associate
    JANINE KALAGHER MCGUIRE
    EDUCATION
    • Catholic University of America, Columbus School of Law, Juris Doctor, 1995
    • Providence College, Bachelor of Arts, 1992, cum laude
    BAR ADMISSIONS
    • Florida Bar, 1996
    • New York Bar, 1996
    • Eleventh Circuit Court of Appeals, 2001
    • Supreme Court of United States, 2004
    BIOGRAPHY:

    Janine Kalagher McGuire is a senior associate in the firm’s Fort Lauderdale office. Mrs. McGuire provides key appellate and litigation support for the firm’s diverse clientele throughout all stages of litigation.

    Having extensive insight as to appellate issues and process, Mrs. McGuire works closely with the firm’s litigation teams during the trial court stages to ensure that appellate rights are preserved with a proper and compelling record should an appeal be necessary.

    Mrs. McGuire has practiced within many areas of law in addition to appellate practice, including health care, medical malpractice, professional liability, governmental and administrative law and complex commercial litigation. In particular, Mrs. McGuire’s experience in health care law includes managed care, risk management, medical staff/peer review, employment, and medical malpractice litigation.

    Community Involvement/Affiliations
    • Saint Mark’s Episcopal Church and School, Board of Trustees, 2013
    • Broward County Bar Association, Member, 1996 to present
    • Omicron Delta Epsilon, Member, 1992 to present
    Significant Matters/Cases
    • Rohart v. Phoenix Emergency Med. of Broward, L.L.C., 41 So. 3d 410 (Fla. 4th DCA 2010)(PCA); Rohart v. N. Broward Hosp. Dist., 45 So. 3d 461 (Fla. 2010)(Petition for review dismissed); Rohart v. N. Broward Hosp. Dist., 131 S. Ct. 1570, 179 L. Ed. 2d 473 (2011)(Petition for writ of certiorari denied). Successfully defended a large governmental entity in several appeals filed by a former employee claiming tortious interference with a business relationship, denial of due process, and denial of equal protection.
    • Padilla v. N. Broward Hosp. Dist., 270 F. App’x 966 (11th Cir. 2008). Successfully defended a large governmental entity in an appeal filed in the United States Court of Appeals, Eleventh Circuit, by a former employee claiming discrimination in violation of Title VII and the Florida Civil Rights Act.
    • Marmorstein v. Wallach, 993 So. 2d 535 (Fla. Dist. Ct. App. 2008)(PCA). Successfully defended the appeal of an order dismissing a complaint with prejudice which sought to obtain a $1.7 million commission on a purported viatical settlement contract that failed to disclose the amount and method of calculating the commission as required by Florida law.
    • City of Lauderhill v. Rhames, 864 So. 2d 432 (Fla. 4th DCA 2003). Appealed a judgment against a municipal corporation in a § 1983 action brought by several employees alleging violations of their substantive due process rights as the result of a department wide reorganization that eliminated their supervisory positions.
    Awards/Recognitions
    • Listed in South Florida Legal Guide, “Top Lawyers”, 2013 and 2014
    • Listed in South Florida Legal Guide, “Top Up and Comers”, 2010 to 2012
  • CANDACE A. MANCE
    AREAS OF PRACTICE
    BIO
    CANDACE A. MANCE
    Senior Associate
    CANDACE A. MANCE
    EDUCATION
    • University of North Carolina, Chapel Hill Law School, Juris Doctor, 2001
    • University of North Carolina, Chapel Hill, Bachelor of Arts, 1998
    BAR ADMISSIONS
    • Florida Bar, 2001
    • North Carolina Bar, 2012
    • United States District Court for the Southern District of Florida,  2003
    • United States District Court for the Northern District of Florida,  2003
    • Fourth Circuit Court of Appeals, 2016
    BIOGRAPHY:

    Candace A. Mance is a senior associate in the firm’s Brevard office. Ms. Mance is an experienced litigator and focuses her practice on commercial litigation, class action litigation and business torts.

    Prior to joining the firm, Ms. Mance practiced in South Florida representing corporate clients and several Fortune 500 companies in a variety of commercial matters and insurance litigation in state and federal court as well as in administrative proceedings.

    Community Involvement/Affiliations
    • Asheville Chambers of Commerce – 2019 to present
    • Transylvania County Bar Member – 2015 to present
    • Member Transylvania County Homeless Coalition 2012-2015
    • Member of Western North Carolina Advanced Care Coalition 2013-2015
    • Mountain Area Volunteer Lawyer – 2015 to 2018
    • Frequent Presenter to the Buncombe County Re-Entry Council
  • PATRICK O’NEILL
    AREAS OF PRACTICE
    BIO
    PATRICK O’NEILL
    Associate
    PATRICK O’NEILL
    EDUCATION
    • University of Wisconsin Law School, JD, 2013
    • Georgetown University, Bachelor of Science in Foreign Service, 2008
    BAR ADMISSIONS
    • Wisconsin, 2014
    • U.S. Court of Appeals for the Seventh Circuit
    • U.S. District Court, Northern District of Illinois
    • U.S. District Court, Eastern District of Wisconsin
    • U.S. District Court, Western District of Wisconsin
    BIOGRAPHY:

    Patrick O’Neill is an Associate Attorney in the firm’s Ecuador office. He assists the firm’s U.S.-based litigation practice, and his own practice areas include securities litigation, class action litigation, general commercial litigation and appellate practice.

    Mr. O’Neill has represented both plaintiffs and defendants in various venues throughout the United States. In particular, he has helped dozens of defrauded investors recover their losses through FINRA arbitrations, brought class actions against major financial firms in state and federal courts, and represented companies of all sizes – from small businesses to multinational corporations – in all manners of litigation. His engaging personality and common-sense approach to problem solving allow him to achieve quick and favorable results for his clients.

    Prior to joining Conrad & Scherer, Mr. O’Neill worked for a mid-sized law firm in Milwaukee, Wisconsin, where his practice focused in plaintiff-side securities fraud cases.

  • ERIC M. YESNER
    AREAS OF PRACTICE
    BIO
    ERIC M. YESNER
    Associate
    ERIC M. YESNER
    EDUCATION
    • Nova Southeastern University Shepard Broad College of Law, Juris Doctor, magna cum laude, 2016
    • Florida Atlantic University, Master of Education, Educational Leadership, 2011
    • Florida Atlantic University, Bachelor of Arts, Sociology, 2009
    BAR ADMISSIONS
    • Florida Bar, 2017
    • United States Court of Appeals, Eleventh Circuit, 2017
    • United States District Court, Southern District of Florida, 2017
    • United States District Court, Middle District of Florida, 2017
    BIOGRAPHY:

    Eric Yesner is an associate in the firm’s Fort Lauderdale office, where he focuses on complex commercial litigation and appeals. Before joining Conrad & Scherer, Mr. Yesner worked in a complex commercial litigation unit of a multi-state law firm, where he assisted clients in litigation and appeals. His experience includes cases in healthcare-related fraud, corporate proxies, intellectual property disputes, general liability and wrongful death, among other business disputes.

    Prior to entering private practice, Mr. Yesner served as a judicial law clerk for the Honorable Jeffrey T. Kuntz at the Florida Fourth District Court of Appeal. He provided direct assistance and counsel to Judge Kuntz on legal determination, opinions, and orders, and researched and analyzed nearly 200 appeals and other original proceedings in the district court.

    Prior to beginning his legal career, Mr. Yesner was a middle school civics and American history teacher in Broward County.

    Mr. Yesner earned his Bachelor of Arts in Sociology and his Master of Education from Florida Atlantic University. He went on to earn his Juris Doctor degree magna cum laude from Nova Southeastern University Shepard Broad College of Law, where he graduated in the top 7% of his class. While attending law school, Mr. Yesner served as the Managing Technical Editor of Volume 40 of the Nova Law Review. Also a member of the Nova Moot Court Society, Mr. Yesner finished second in the 2016 Feinrider Moot Court Competition.

    Community Involvement/Affiliations
    • Florida Bar Young Lawyers Division
    • Florida Bar Appellate Practice Section
    • Broward County Bar Association
    • Palm Beach County Bar Association
    • Federalist Society
    • Republican National Lawyers Association
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