APPEALS

With the expertise of a former Colorado Court of Appeals Judge, two former Colorado Supreme Court clerks, and a former Colorado Court of Appeals clerk, RBF Law fuses a sharp trial practice with a sophisticated appellate team. We develop long term case strategy that anticipates appellate issues early in the life of a case, giving clients the peace of mind know that, on appeal, time and money will not be wasted on orientation because an appellate lawyer has been involved since the beginning.

As the backbone of RBF Law’s appellate practice, former Colorado Court of Appeals Judge Marsha M. Piccone has handled a variety of cases at both the state and federal levels. During her time on the bench, Marsha participated in appellate panels and authored nearly 200 appellate opinions. Currently, she serves as the Chair of the Colorado Supreme Court’s Committee on Civil Jury Instruction, providing a unique perspective for her and the entire RBF Law team.

  • Collectively, RBF Law attorneys are admitted to practice in the Courts of Appeal for the:

    • Third Circuit
    • Fifth Circuit
    • Sixth Circuit
    • Ninth Circuit
    • Tenth Circuit
    • Eleventh Circuit
  • RBF Law attorneys have represented clients in an array of matters, including:

    • In the Third Circuit of Appeals for AIG subsidiary VALIC, which affirmed a significant damages award for VALIC against a former broker for breaching his non-competition covenant.
    • In the Colorado Supreme Court on behalf of Colorado Public Employees’ Retirement Association (PERA) in a multi-billion dollar case finding that PERA could constitutionally modify the cost of living benefit for retirees. It is one of first and leading cases in the nation on a legislature’s right to modify pension benefits.
    • As appellate counsel for amicus curiae in the landmark ACE Securities Corp. v. DB Structured Products, Inc. matter, in the New York Court of Appeals.
    • At the Oklahoma Supreme Court reducing a trial court’s judgment against Cimarex Energy in a class action oil and gas royalties dispute from $120 million to $3.65 million.  In a later appeal in the same case, prevailing at the Oklahoma Supreme Court with the court rejecting the plaintiff class claim for more than $50 million in prejudgment interest on the $3.65 million jury verdict.
    •  In the Colorado Supreme Court reversing class certification for a group of automobile dealerships in one of the leading cases on class action treatment of consumer protection claims.
    • In a case of first impression in the Fifth Circuit Court of Appeals, successfully overturning summary judgment in favor of an oil company in a qui tam action filed by two federal employees under the False Claims Act. The court held that government employees, specifically auditors, have standing to assert whistleblower claims.
    • In the Colorado Court of Appeals for United of Omaha on bad faith claims brought by an insured.
    • In a 2016 Ninth Circuit appeal for a professional sports team affirming the dismissal of claims brought by an insurer. Insurer sought contribution and a declaratory judgment as to payments for cumulative trauma suffered by professional players in California.
    • As counsel for amicus curiae in the Colorado Supreme Court in breach of fiduciary case, resulting in third-party lacking standing to bring claim against lawyers for aiding and abetting breach of fiduciary duty.
    • In the Tenth Circuit reversing jury award in favor of multiple plaintiffs in toxic tort case.