Appellate Practice

Appellate Lawyers Who Get the Job Done.

Appellate Advocacy

Ellis Boxer & Blake has a robust appellate practice that extends beyond Vermont, and includes the United States Supreme Court and Federal Courts of Appeal. 

Christina Rainville is one of the few Vermont lawyers who has successfully argued a case before the United States Supreme Court, and she also has argued more than 20 cases before the Vermont Supreme Court, in addition to arguing before the United States Court of Appeals for the Third Circuit.  In an era where Supreme Court decisions in criminal cases are generally decided by a highly-divided Court with a 5/4 vote, Tina obtained an extraordinary 7/2 decision on behalf of the State of Vermont in Vermont v. Brillon, 556 U.S. 81, 129 S Ct. 1283, 173 L. Ed. 2d 231 (2009).  The Brillon case has since become a landmark case in criminal law, and has been cited in more than 500 court opinions. The Brillon case was written about repeatedly in The New York Times, and on the day of the argument, The Washington Post urged the Court to adopt Tina’s position in an editorial.  You can read about the case here:

http://www.washingtonpost.com/wp-dyn/content/article/2009/01/13/AR2009011302782.html

https://www.nytimes.com/2009/03/10/washington/10scotus.html

https://www.nytimes.com/2009/01/14/washington/14scotus.html

https://www.nytimes.com/2008/10/02/washington/02scotus.html

You can also listen to Tina’s argument before the full Court, and hear Justice Ginsberg announce the Court’s decision from the bench:  https://www.oyez.org/cases/2008/08-88.

Call us at (802) 885-2141, or email Christina Rainville.

Stephen Ellis recently prevailed in the Vermont Supreme Court on behalf of the appellee, a large Vermont hospital system, in an appeal from the dismissal of a wrongful termination case. 2018 WL 722515.  Steve prevailed on behalf of the State of Vermont, as appellant, in an appeal from a Superior Court decision that modified a workers’ compensation agreement that had been approved by the Commissioner of the Department of Labor.  2015 VT 47A.  He represented several national insurance companies in a trilogy of cases that established controlling precedent for workers’ compensation subrogation recovery against first-party insurance proceeds.  Progressive Cas. Ins. Co. v. Keenan, et al., 182 Vt. 298 (2007); Travelers Ins. Co. v. Henry, 470 F.3d 56 (2d Cir. 2006); Travelers Ins. v. Carpenter, 411 F.3d 323 (2d Cir. 2005).  He prevailed on behalf of the appellee property owner in a personal injury case arising out of a construction project, where the Superior Court granted his motion for judgment as a matter of law before the plaintiff had rested his case.  Gero v. J.W.J. Realty, 171 Vt. 57 (2000).  Steve has also handled court-appointed pro bono appeals and habeas corpus petitions in state and federal court, including a capital case in which Steve represented an indigent, mentally disabled death row inmate. https://www.nytimes.com/1989/07/15/us/2-electric-jolts-in-alabama-execution.html

Call us at (802) 885-2141, or email Steve Ellis.