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Appellate Practice

Harold E. Johnson  Williams Mullen Headshot
hjohnson@williamsmullen.com
EMAIL

Almost every litigation matter carries with it the possibility of an appeal. Strategic thinking about the facts, the law and possible appeal points is needed ahead of time to ensure that cases are handled with an eye toward the final result, which may be reached only after the appeal. Williams Mullen offers a team of attorneys fully dedicated to the appellate process and experienced in the appellate courts. At the pretrial, trial and post-verdict stages, our appellate lawyers focus on:

  • preserving the client’s right to appeal errors of the trial court
  • ensuring a proper jury charge and proper post-trial motions
  • making a record from which an appeal can be effectively taken


Providing Appellate-Related Services at All Litigation Stages 
The Williams Mullen Appellate Practice Group provides appellate-related services at all litigation stages. These include pretrial case analysis, developing the jury charge, post-trial motion practice, identifying possible appeal issues, and error preservation. At the appellate stage, on behalf of appellants and appellees as well as amicus curiae, our services include developing the record on appeal and assigning error, research, development of legal issues and arguments, appellate motion practice, top-notch briefing, and oral argument.

Appellate Attorneys for North Carolina, Virginia, Washington, D.C. and the Nation 
The Williams Mullen Appellate Practice group includes lawyers who have served as clerks to justices of the Supreme Court of Virginia, the Supreme Court of North Carolina and to judges of the Court of Appeals of North Carolina and the federal appellate courts. Our appellate practice attorneys are acquainted with and practice not only in North Carolina, Virginia and Washington, D.C., but also in state appellate and federal circuit courts around the country. These include the District of Columbia Circuit, the Second Circuit, Fifth Circuit, Sixth Circuit and Eleventh Circuit.

 

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Experience

Commercial Real Estate Company 

Defended real estate company against appeal of judgment against debtor lessee. 

 

Represented National Bank as Trustee in Appeal to the Supreme Court of Virginia

Represented bank client in appeal to the Supreme Court of Virginia seeking reversal of substantial judgment for fiduciaries.
 

Online Travel Companies 

Defended online travel companies in a case a class action case filed on behalf of all North Carolina jurisdictions levying occupancy taxes.  At issue was whether or not fees for online travel bookings were subject to occupancy taxes.  Williams Mullen worked as North Carolina counsel with national lead counsel and four other law firms to defend the case. 

National Lender 

Represented client in multiple appeals of multi-million dollar judgment before the United States Court of Appeals for the Fourth Circuit.

Virginia Municipal Government 

Represented a Virginia municipal government in an inverse condemnation action in the U.S. Court of Federal Claims. Decision later appealed to U.S. Court of Appeals for the Federal Circuit.

 

Defended International Agricultural Products Dealer in Class Action Price-fixing Case

Served as lead counsel in multi-defendent price-fixing case in federal court in North Carolina. Involved class plaintiffs from several states and conduct occurring over a five-year period.

Local Physician Practice 

Defended a physician practice sued by a former non-doctor employee.  Plaintiff brought claims against the employer, Plan Administrator and two retirement plans alleging the Plaintiff was entitled to several hundred thousand dollars more in contributions, and was entitled to recover $3M in civil penalties against the Plan Administrator for failure to provide copies of requested plan documents. 

National Seller of Computerized Furniture-making Equipment 

Williams Mullen defended the U.S. subsidiary of a European maker of computerized furniture-making equipment sued for alleged violations of the Lanham Act, libel and other claims.

Insurance and Reinsurance Company 

Represented reinsurer on appeal to the 4th Circuit in coverage dispute.

Diversified Technology, Media and Financial Services Conglomerate 

Represented diversified technology, media and financial services conglomerate in a breach of guaranty case in the United States Court of Appeals for the Fourth Circuit.