Appellate
Osborn Maledon’s appellate lawyers handle the most important appeals in Arizona. They have decades of experience handling cases spanning from constitutional law to appeals from jury trials. They regularly appear before the Ninth Circuit, the Arizona Supreme Court, and the Arizona Court of Appeals, and have substantial experience in the United States Supreme Court.
Our appellate lawyers are recognized as leaders among the appellate bar. They author the monthly “Appellate Highlights” column in Arizona Attorney magazine and are active in the American Academy of Appellate Lawyers, the Arizona State Bar Appellate Practice Section, and the Arizona Appellate Handbook Committee. Each year, they chair the Bar’s programming featuring the Arizona Supreme Court and the Arizona Court of appeals—events that bring together justices, judges, top government lawyers, court staff, and appellate practitioners.
They are also recognized by Chambers and Partners, Benchmark Litigation, Best Lawyers in America, and Super Lawyers as some of the best appellate lawyers in the country. Over the years, several of our appellate lawyers have also become appellate judges on the Ninth Circuit, Arizona Supreme Court, and Arizona Court of Appeals.
Osborn Maledon’s services span the full range of appellate law:
- Handling an appeal from start to finish
- Interlocutory appeals
- Amicus briefs
- Assessing cases for potential appeals
- Consulting with clients and trial lawyers during an appeal
- Trial consulting, including issue preservation
As one client observed, "Osborn Maledon’s briefs are better written and more persuasive than any I have seen.” Benchmark Appellate, 2012.
With their reputation for excellence in appellate law and their deep knowledge of state and federal appellate procedures, Osborn Maledon appellate lawyers offer the best possible support for a successful appeal.
Associated Attorneys
Associated Announcements
- 36 Osborn Maledon lawyers recognized in the 2022 Edition of The Best Lawyers in America®
- Osborn Maledon Ranked in Chambers USA 2021
- Eric Fraser Named Law360 Rising Star 2020
- 3 Osborn Maledon attorneys named to Benchmark “40 & Under Hot List”
- U.S. Supreme Court lets stand 10th Circuit decision barring requirement of extra ID for voter registration
- Osborn Maledon ranked in "Best Law Firms" 2015 by U.S. News & World Report and Best Lawyers®
- Osborn Maledon ranked in "Best Law Firms" 2014 by U.S. News & World Report and Best Lawyers®
Associated Publications
- Structuring Appellate Briefs
The Journal of Appellate Practice and Process Vol. 21, No. 1, Winter 2021 - Recurring: Civil Appellate Highlights
Arizona Attorney, Monthly Column - Recurring: Arizona Appeals content
Practical Law, June 2020 - Recurring: Arizona Appellate Handbook
4 Vol. Set, 2017 - An Antitrust Professor on the Bench: Liber Amicorum 43 (Nicholas Charbit et al. eds.)
The Chicago Tradition and Judge Ginsburg (with Barak Orbach & D. Daniel Sokol), 2018 - Arizona’s Appealing New Rules: The Overhaul of the Arizona Rules of Civil Appellate Procedure
Arizona Attorney, January 2015 - The Jurisdiction of the D.C. Circuit
23 Cornell J.L. & Pub. Pol’y 131, 2013 - Four Easy Ways to Lose Your Ninth Circuit Appeal During Trial
Arizona Attorney, December 2011 - The Arizona Supreme Court Petition for Review: Art, Science and More
Arizona Attorney, November 2012 - Considering Your Alternatives: Obtaining a Stay Pending Appeal with Alternative Security
The Appellate Advocate, No. 2 at 9, September 2010
Representative Matters
Constitutional Issues
- AFSCME AFL-CIO Local 2384 v. City of Phoenix, __ Ariz. __ (2020) (constitutional challenge to pension plan practice)
Response to Petition for Review
Oral Argument - Piccioli v. City of Phoenix, __ Ariz. __ (2020) (constitutional challenge to pension plan practice)
Response to Petition for Review
Oral Argument - Arizona Advocacy Network v. State, 2020 WL 5793080 (Ariz. App. 2020) (voter protection act requirements)
- Schires v. Carlat, 2020 WL 390671 (App. 2020) (Review granted) (Gift Clause)
- Brush & Nib Studio, LC v. City of Phoenix, 247 Ariz. 269 (2019) (free-speech constitutional challenge)
Response to Petition for Review
Supplemental Brief
Response to Amicus Briefs
Oral Argument - Saban Rent-a-Car LLC v. Arizona Dep't of Revenue, 246 Ariz. 89 (2019) (dormant commerce clause and state constitutional issues)
Supplemental Brief
Oral Argument - Saban Rent-A-Car LLC v. Ariz. Dep’t of Revenue, 244 Ariz. 293 (App. 2018) (dormant commerce clause and state constitutional issues)
Opening Brief
Cross-Appeal Answering Brief
Oral Argument - Fields v. The Elected Officials’ Retirement Plan, et al., 234 Ariz. 214 (2014)
(Arizona constitution/public retirement benefits)
Answering Brief
Response to Amicus Briefs
Oral Argument - Arizona Citizens Clean Elections Commission v. Brain, 234 Ariz. 322 (2014) (voter protection act requirements)
- Arizona Indep. Redistricting Comm'n v. Brewer, 229 Ariz. 347 (2012) (special action appeal holding that Governor’s removal of Commission’s chairperson was unconstitutional)
- Montgomery v. Mathis, 231 Ariz. 103 (App. 2012) (Arizona constitution/application of open meeting law to Independent Redistricting Commission)
- Adams v. Comm'n on Appellate Court Appointments, 227 Ariz. 128 (2011) (state constitutional challenge to applicants for Arizona Independent Redistricting Commission)
Election Law
- Clayton v. West, (Ariz. 2020) (eligibility of Kanye West as a candidate for president on the general election ballot)
- Stanwitz v. Reagan, 245 Ariz. 344 (2018) (initiative eligibility issues)
- Harris v. Arizona Independent Redistricting Commission, -- U.S. – (2016) (equal protection requirements for populations deviations in legislative redistricting plan)
- Arizona Legislature v. Arizona Independent Redistricting Commission, -- U.S. – (2015) (authority of independent commission to conduct congressional redistricting)
- Respect Promise in Opposition to R-14-02-Neighbors for a Better Glendale v. Hanna, 238 Ariz. 296 (App. 2015) (referendum challenge)
- Kobach v. U.S. Election Assistance Commission, 772 F.3d 1183 (10th Cir. 2014) (holding that Federal Elections Assistance Commission was not mandated to grant Arizona’s and other state requests to modify voter registration form)
- State ex rel. Montgomery v. Comm'r Colleen Mathis, 231 Ariz. 103 (App. 2012) (addressing powers of County Attorney to investigate members of Independent Redistricting Commission and affirming injunction against investigation)
- Arizona Free Enterprise Club v. Bennett, 564 U.S. 721 (2011) (constitutionality of matching funds provision in state public campaign funding program)
Administrative Law
- Legacy Education Group v. Arizona State Board for Charter Schools, 2018 WL 2107482 (Ariz. App. 2018) (administrative law challenge regarding lack of agency rulemaking)
Opening Brief
Oral Argument - Legacy Foundation Action Fund v. Citizens Clean Elections Commission, 243 Ariz. 404 (2018) (administrative law challenge regarding right to appeal agency action)
- Perez-Guzman v. Lynch, 835 F.3d 1066 (9th Cir. 2016) (administrative law in immigration dispute)
Oral Argument - Arizona State Univ. v. Arizona State Retirement Sys., 237 Ariz. 246 (App. 2015) (administrative law challenge regarding lack of agency rulemaking)
Opening Brief
Oral Argument - State v. Jones, 246 Ariz. 452 (2019) (legality of medical marijuana extracts)
Amicus Brief
Intellectual Property & Antitrust
- Aerotec Int’l, Inc. v. Honeywell Int’l Inc., 836 F.3d 1171 (9th Cir. 2016) (antitrust claims, including monopolization, exclusive dealing, tying, and price discrimination)
Answering Brief - eMove, Inc. v. SMD Software, Inc., 569 F. App'x. 527 (9th Cir. 2014) (Lanham Act false advertising)
Answering Brief
Oral Argument
Criminal Law
- State v. Fischer, 242 Ariz. 44 (2017) (trial judge may weigh evidence, make credibility determinations, and order a new trial even when there is sufficient evidence to support a guilty verdict)
- Bashir v. Pineda, 226 Ariz. 351 (App. 2011) (where a defendant provides some detail of exculpatory evidence she wishes to present to grand jury, prosecutor must share that information to allow grand jury to decide whether to hear from defendant)
- State v. Bigger, 227 Ariz. 196 (App. 2011) (appeal of first-degree murder conviction involving pretrial publicity, DNA evidence and third-party culpability evidence)
- State v. Botkin, 221 Ariz. 1 (2009) (superior court has authority to transfer criminal defendant from intensive to standard probation before making finding that defendant committed an additional felony, thereby avoiding mandatory prison sentence)
Appeals from Jury Trials
- McClure v. Country Life Ins. Co., 795 F. App’x. 548 (9th Cir. 2020) (joint venture and expert witness issues)
Answering Brief
Oral Argument - Torres v. JAI Dining Svcs. (Phoenix), Inc., __ Ariz. __ (App. 2020) (intervening/superseding cause)
Opening Brief
Oral Argument - Ryan v. Henry, 2018 WL 456195 (Ariz. App. 2018) (ownership and control of company)
Oral Argument - Markham Contracting Co. Inc. v. First Am. Title Ins. Co., 2013 WL 3828690 (Ariz. App. 2013) (lien priority)
Answering Brief
Oral Argument
Other Legal Issues
- Torres v. Terrell, __ Ariz. ___ (2020) (disposition of frozen embryos upon divorce)
Petition for Review
Supplemental Brief
Oral Argument - City of Phoenix v. Glenayre Electronics, Inc., 242 Ariz. 39 (2017) (statute of repose; indemnification)
- Thompson/McCarthy Coffee Co. v. RepublicBankAZ N.A., 2019 WL 6713432 (Ariz. App. 2019) (waiver of affirmative defense)
Opening Brief
Oral Argument - Foss v. Arizona Board of Regents, 2019 WL 5801690 (claims of non-resident students for resident tuition)
- Arizona ex rel. Brnovich v. Maricopa County Community College District, 243 Ariz. 539 (2018) (eligibility for resident tuition)
- City of Surprise v. Arizona Corporation Commission, 246 Ariz. 206 (2019) (Corporation Commission approval authority)
- Hamblen v. Hatch, 242 Ariz. 483 (2017) (arbitration/separability doctrine)
Brief - Arizona State Univ. v. Arizona State Retirement Sys., 242 Ariz. 387 (App. 2017) (prejudgment interest)
Opening Brief
Oral Argument - Protecting Arizona’s Resources and Children v. Federal Highway Administration,718 Fed. Appx. 495 (9th Cir. 2017) (representation of tribe in challenge under NEPA and Department of Transportation Act)
- Markham Contracting v. FDIC, 240 Ariz. 360 (App. 2016) (equitable subrogation)
Opening Brief - State of Arizona v. Tohono O’odham Nation, 818 F.3d 549 (9th Cir. 2016) (representation of tribe in dispute under IGRA)
- Graven v. Esposito, 592 Fed. App’x 585 (9th Cir. 2015) (forum selection clause)
- James C. Sell v. Hon. Gama/Russell Sewell et al., 231 Ariz. 323 (2013) (securities fraud)
Supplemental Brief
Response to Amicus Briefs
Oral Argument - Lagstein v. Certain Underwriters at Lloyd’s, 725 F.3d 1050 (9th Cir. 2013) (interest and fees on arbitration award)
Opening Brief - Fagerlie v. Markham Contracting, 227 Ariz. 367 (App. 2011) (contractor lien rights; reversing summary judgment)
Amicus Briefs
- State ex rel. Brnovich v. City of Phoenix, 249 Ariz. 239 (2020) (whether fees at airport violate state constitutional prohibition on certain taxes and tax increases)
- Molera v. Hobbs, 2020 WL 6266451 (Ariz. 2020) (Ballot measure issues)
- State v. Jones, 246 Ariz. 452 (2019) (legality of medical marijuana extracts)
Amicus Brief - City of Peoria v. Brink's Home Sec. Inc. (Ariz. 2011) (telecommunications/tax)