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APPELLATE

Appellate Attorney in Billings, MT

Montana-Appellate-Attorneys

Appealing Your Case

When clients and other lawyers need to protect a good result or reverse a bad one, they turn to Ritchie Manning Kautz PLLP to handle their appeal. We guide clients through every phase of federal and state appeals, including:


  • Merits briefing
  • Oral argument
  • Motions practice
  • Amicus briefs
  • Supersedeas bonds

Procedures Taken to Avoid Appeals

We also regularly counsel clients and assist other lawyers on complex substantive and procedural issues at the trial level to better plan for, or to avoid and appeal:


  • Summary judgment and other dispositive motions
  • Post-trial motions
  • Jurisdictional issues
  • Pre-trial, trial, and post-trial strategy


Our appellate experience includes multiple arguments in the U.S. Court of Appeal for the Ninth Circuit, and successful appeals covering a broad range of substantive areas, such as constitutional issues, intellectual property, environmental law, employment disputes, real estate, and commercial matters, among others.

Some of Our Cases

Representative cases in which one of our lawyers served as lead appellate counsel include:

  • Flagstone Development, LLC v. Joyner, 787 Fed. App’x 368 (9th Cir. 2019). In a years-long case involving dispute over a multi-million dollar land transaction, the Ninth Circuit affirmed an earlier entry of judgment on all tort claims against our client, confirmed that the district court properly excluded the other party’s damages experts, and held that summary judgment in favor of our client was appropriate on breach of contract. The result was a complete victory for our client.
  • Western Security Bank v. Schneider Ltd. Partnership, 816 F.3d 587 (9th Cir. 2016). Considering the issue for the first time, the court adopted a two-step process for determining whether jurisdiction exists under Section 16(a) of the Federal Arbitration Act (FAA), and held that because the opponent’s motion for a stay did not seek relief under the FAA, the court lacked jurisdiction to consider an appeal from the denial of that motion.
  • Alcohol Monitoring Sys., Inc. v. BI Inc., No. 2014-1266 (Fed. Cir. July 13, 2015). The Federal Circuit summarily affirmed the district court’s grant of summary judgment in a patent dispute involving technology underlying some of the remote electronic monitoring devices used by courts and law enforcement.
  • Masters Grp. Int’l, Inc. v. Comerica Bank, 352 P.3d 1101 (Mont. 2015). The Montana Supreme Court reversed a $52 million jury verdict in a breach of contract case against Comerica Bank, adopting each of the arguments made in an amicus curiae brief one of our lawyers drafted.
  • Northland Royalty Corp. v. Engel, 339 P.3d 599 (Mont. 2014). The Montana Supreme Court held that the controlling statute permitted the client to rely on the authority of a personal representative of an estate, the court’s ruling returned ownership to the client of millions of dollars in mineral rights.
  • Slagter v. Citibank, N.A., 348 P.3d 169 (Mont. 2014). The Montana Supreme Court affirmed the dismissal of a wrongful foreclosure case, ruling that the Montana Uniform District Court rules do not allow a non-moving party to unilaterally convert a motion to dismiss into a summary judgment motion by attaching matters outside the pleadings to its response, and thus gain an extra seven days to respond.
  • Tulio-Hernandez v. Holder, No. 13-70553 (9th Cir.). After receiving the opening brief drafted by one of our lawyers, the government voluntarily moved to remand to the Board of Immigration Appeals for reconsideration of an asylum application—a result that effectively gave the client the relief he would have received had he fully prevailed on the merits.
  • Burnett v. PPL Montana, LLC, 2013 WL 6331591 (Mont. Dec. 3, 2013). The Montana Supreme Court affirmed the district court’s dismissal of claims alleging participation in an illegal boycott and a conspiratorial scheme to deny the plaintiffs employment.
  • Flexible Lifeline Sys., Inc. v. Precision Lift, Inc., 654 F.3d 989 (9th Cir. 2011). The Ninth Circuit vacated a preliminary injunction and held that, under the Copyright Act, a copyright holder seeking a preliminary injunction is no longer entitled to a presumption of irreparable harm upon a showing of a likelihood of success on the merits. Other courts have subsequently cited this case more than 70 times.

Contact RMK Law to Assist in Your Appeal

Our appellate services help to alleviate any issues you may encounter if your case is taken to appeal. We can also try to keep you from having to appeal with procedures taken by RMK Law. Contact us today at (406) 601-1400 to speak with an attorney at our Billings office.

Questions & Answers

  • What is an Appellate Attorney?

    If you go to court but think the judgment handed down was incorrect, you may be able to appeal. When you appeal, the case is passed to a higher court. These higher courts are called appellate courts, and they only review lower court decisions.

    As you may have guessed, an appellate attorney specializes in cases brought before an appellate court. These cases are argued differently from initial trials because the plaintiffs must prove that an error was made in the previous trial. As a result, appellate attorneys must be knowledgeable in legal procedures and precedents, as the outcome may hang on a technicality.

    When you bring your case to appellate attorneys, they'll first review the facts to determine possible arguments in your favor. When you go to court, these arguments will be presented to the judges in the form of oral presentations and legal briefs.

  • Do I Need an Attorney When Summoned?

    It depends. If you're unfamiliar with the legal process or have questions about your case, you may benefit from talking to an attorney. However, there are some instances where you may navigate the courts on your own or with the free resources available to the public.

    For example, most people don't hire an attorney for small claims court. This court is reserved for civil cases under a certain dollar amount, which varies by state. In Billings, MT, the limit is $7,000. Since the stakes are lower in small claims court and the cases aren't usually complex, you can represent yourself effectively.

    Jury duty is another scenario when you may be summoned to court but not hire a lawyer. Since you won't be a plaintiff or defendant, you won't require representation.


  • How Does the State Appellate System Operate?

    Precedent is critical in the legal system, as it informs how courts decide cases going forward. When cases with similar circumstances or legal arguments are brought before a lower court, that court can use previous decisions to make a judgment.

    However, lower courts aren't bound to follow the decision of every appellate court. Instead, lower courts are geographically divided into 13 Courts of Appeals, which function at the federal level. Each geographic area is called a "circuit" - for example, Billings, MT, falls under the Ninth Circuit.

    Above these courts is the Supreme Court, which has the final say. All courts are expected to exercise judgment based on Supreme Court precedent.


  • Why Can Appellate Cases Have Such a Far-Reaching Impact?

    Written law is subject to interpretation. In some instances, we have insight into what the lawmakers intended, but often we have only the words themselves. There's also the question of whether the authors' intentions matter or if the law should be applied as it's written.

    Additionally, the circumstances that led to the law being written may have changed. This requires a modern interpretation to decide how the law can be applied going forward. An appellate court makes all these decisions, thereby affecting all future interpretations of said law and others like it.


  • What is the Role of the Supreme Court of the United States?

    The Supreme Court of the United States is the highest judicial authority in the country. It is the final stop of any appeal, should the Court deign to hear it. Only the Supreme Court can overturn precedents it has previously set.

  • Can Either Party Appeal?

    Yes, both defendants and plaintiffs can file an appeal. The filing party is called the appellant, and the responding party is called the appellee.

  • What Can Be Appealed?

    If there are grounds for an appeal, you can appeal your case to a higher appellate court, up to and including the Supreme Court. However, the Supreme Court has discretion on which cases it hears. This means you can try appealing to the Supreme Court, but you may not necessarily get an opportunity to present your arguments. In that instance, you will have to abide by the judgment of the circuit court.

    While most people think of final judgments when they consider appeals, the truth is any judicial decision made during the legal process can be appealed. This includes steps in both civil and criminal courts:

    • Orders
    • Rulings
    • Post-judgment motions

    It's important to note that disliking the outcome of a trial is not grounds for an appeal. If you attempt to bring one on these grounds, it can be thrown out.


  • How Do You File an Appeal?

    Filing an appeal can be a lengthy process. First, a "notice of appeal" must be filed within 30 days. Then, the actual petition needs to be prepared and filed. Finally, the trial record must be filed.

  • Does the Appeals Court Have to Accept My Appeal?

    The appeals court doesn't necessarily need to accept your appeal. It all depends on what you are appealing to and why. If the case falls within the clearly designated right to appeal, the court must hear the case. If not, it's up to the court whether or not to hear it.

  • Can the Appellate Court Order a New Trial?

    When you appeal to an appellate court, there are three possible outcomes:

    • The decision of the trial court is overturned
    • The decision of the trial court is upheld
    • The case is sent back to the lower courts

    In the last scenario, a new trial may occur.


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