Appellate Strategy & Advocacy

• U.S. Supreme Court
• U.S. Court of Appeals for the Third Circuit
• Federal Courts of Appeals, Multiple Circuits
• Pennsylvania Supreme Court and Pennsylvania Appellate Courts
• New Jersey Appellate Courts

U.S. Supreme Court

• First Amendment, Student Speech
  Represented a high school student challenging school discipline for off-campus speech in violation of the First Amendment. Secured injunctive relief in the U.S. District Court for the Middle District of Pennsylvania and affirmance by the Third Circuit. Served as co-counsel with the ACLU and leading constitutional scholars on further appeal, resulting in a landmark U.S. Supreme Court decision affirming student free-speech rights in Mahanoy Area School District v. B.L.
• Separation of Powers, Amicus Curiae
  Preparing an amicus curiae brief to the U.S. Supreme Court addressing presidential removal authority and separation of powers issues in Trump v. Slaughter.
• Consumer Protection and Federal Preemption
  Participated in briefing and argument preparation in Wolens v. American Airlines, a U.S. Supreme Court case addressing federal preemption and consumer contract claims.
• Federal Employers Liability Act, Emotional Distress Claims
  Argued before the United States Supreme Court in Consolidated Rail Corporation v. Gottshall, 512 U.S. 532 (1994), obtaining reversal of two Courts of Appeals decisions and clarifying the standard for job-related emotional distress claims under the Federal Employers Liability Act.

U.S. Courts of Appeals

U.S. Court of Appeals for the Third Circuit

• Commercial and Class Action Litigation
  Briefed and argued appeals in the Third Circuit involving multimillion-dollar commercial disputes and class actions, addressing complex procedural and substantive issues.
• Commercial Litigation
  Took over representation shortly before trial in a commercial dispute, secured a bench trial victory, and successfully defended the judgment on appeal in the U.S. Court of Appeals for the Third Circuit (BNRV v. Campers Inn).
• Professional Negligence
  After securing summary judgment on statute-of-limitations grounds in a $350 million professional negligence action, obtained summary affirmance in the Third Circuit, eliminating the need for full briefing and oral argument (Nupson v. Schnader).
• Double Jeopardy, Criminal Defense
  Represented John and Timothy Rigas in the defense of a federal criminal tax case, including securing a precedential en banc decision from the U.S. Court of Appeals for the Third Circuit recognizing and applying double jeopardy defenses (United States v. Rigas).
• Election Law
  Represented clients in federal election law appeals, including matters summarily affirmed by the Third Circuit and for which the U.S. Supreme Court denied certiorari, such as Pennsylvania Voters Alliance v. Centre County, Pennsylvania State Conference of the NAACP v. Secretary, Commonwealth of Pennsylvania, and Eakin v. Adams County Board of Elections.

Federal Courts of Appeals, Multiple Circuits

• Multi-Circuit Appellate Litigation
  Participated in federal appellate matters across multiple circuits involving commercial disputes, public impact litigation, and complex procedural issues.
• Bankruptcy Appeals, Fifth Circuit
  Argued and obtained a precedential Fifth Circuit decision limiting the scope of bankruptcy court jurisdiction in In re Chesapeake Energy Bankruptcy.

Pennsylvania Supreme Court and Pennsylvania Appellate Courts

• Government and Administrative Law
  Represented the Southeastern Pennsylvania Transportation Authority in a challenge to the application of the City of Philadelphia’s Fair Practices Ordinance. Secured a ruling from the Pennsylvania Supreme Court holding that, as a Commonwealth authority, SEPTA is not subject to the local ordinance, resolving an issue of statewide importance for public entities.
• Amicus Curiae, Statutory Interpretation
  Submitted an amicus curiae brief to the Pennsylvania Supreme Court addressing statutory interpretation issues with statewide implications, providing analysis that assisted the Court in resolving questions affecting regulated entities across the Commonwealth.
• Defamation
  Represented a media defendant in a defamation appeal, securing affirmance of dismissal by the Pennsylvania Superior Court without oral argument (Schillinger v. Pennsylvania Spotlight).
• Election Law and Ballot Access
  Achieved precedential victories in Pennsylvania appellate courts for five consecutive years in election law matters shaping statewide election procedures, including Griffis, Bingham, Turner, De la Cruz, and Sautner. Successfully challenged nomination papers filed by a third-party presidential candidate in original jurisdiction proceedings before the Pennsylvania Commonwealth Court, resulting in withdrawal from the Pennsylvania ballot.
• Statewide Authority, Opioids Litigation
  Led appellate briefing on a significant issue of statewide importance concerning the Pennsylvania Attorney General’s authority to settle claims already asserted by county district attorneys. The matter is currently pending before the Pennsylvania Supreme Court.

New Jersey Appellate Courts

• Interlocutory Appeal and Legal Malpractice
  Obtained leave to appeal an adverse discovery ruling in a legal malpractice action involving attorney-client privilege issues. Following the grant of appellate review, opposing counsel agreed to a favorable settlement, resolving the matter without further litigation.

Appellate Strategy and Issue Preservation

• Issue Preservation and Post-Trial Strategy
  Regularly advise trial counsel during active litigation on issue identification, preservation, and post-trial strategy, particularly in jurisdictions with strict preservation requirements, to ensure dispositive legal arguments are positioned effectively for appeal.

Issue and Error Preservation

• Early consultation during active litigation
• Monitoring proceedings to ensure proper objections and preservation
• Advising on interlocutory appeals and dispositive motion strategy

Post Trial Strategy

• Post trial motions for judgment, new trial, or remittitur
• Evaluating appellate viability and strategic options
• Aligning trial and appellate positions for optimal results

Appellate Advocacy

• Civil appeals in Pennsylvania and New Jersey appellate courts
• Appeals in the Third Circuit and other federal circuits nationwide
• Petitions for allowance of appeal, rehearing, and rehearing en banc
• Oral argument strategy, preparation, and moot sessions

Amicus and Public Impact Work

• Preparing amicus briefs for organizations with interests in appellate outcomes
• Advising stakeholders on positioning issues in significant appeals
• Handling matters involving statutory, constitutional, and regulatory interpretation

Along with the group’s regional and national experience, Dilworth attorneys bring a deep and sustained presence in the Pennsylvania and New Jersey court systems. The firm’s familiarity with these courts is built on years of regular appearances, clerkship experience, and long-standing professional relationships, giving the team nuanced insight into how appellate judges approach records, briefing, and oral argument.

This ingrained understanding allows the appellate team to anticipate issues, and client needs well before they arise on appeal. By working closely with the diverse set of practices within the firm our trial teams are able to support clients on matters across various industries and practice areas, combining substantive knowledge with strategic approaches focused on the appellate arena. Clients benefit from advice that considers the immediate dispute and how decisions made at each stage may affect the case on appeal with a practical appreciation for how Pennsylvania and New Jersey appellate courts evaluate legal arguments, procedural decisions, and preserved issues.

Dilworth is frequently engaged by trial lawyers and national firms seeking appellate counsel with deep regional credibility who can manage pivotal issues and elevate overall case strategy. Whether working alongside trial teams early in litigation or guiding cases through post-trial proceedings and appeal, the group provides insight, precision, and responsive support. This collaborative model has made the firm a trusted partner for complex and high-profile matters in the region and beyond.