Appellate | Cosgrave Vergeer Kester | Portland's Lawyers

Appellate

For clients considering an appeal, experienced counsel is crucial to making the right decision and navigating the process. Cosgrave has the experience needed to guide clients through every stage.

Our appellate lawyers have represented clients in more than 600 civil and criminal appeals in various courts, including the highest state courts in Oregon and Washington, the U.S. Court of Appeals for the Ninth Circuit, and the U.S. Supreme Court. We also put that experience to work advising clients on potential appellate issues in earlier stages of litigation and other legal matters, to help assess and manage risk.

Tom Christ and Thom Brown have personally handled more than 400 appeals. Both have also participated in cases heard by the U.S. Supreme Court: Tom briefed and argued Acton v. City of Vernonia, while Thom helped write briefs in Honda Motor Company v. Oberg and amicus briefs on behalf of Oregon business groups in Philip Morris v. Williams. Along with deceased partner Randall Kester, they are three of only fourteen Oregon attorneys selected as members of the prestigious American Academy of Appellate Lawyers.

Cosgrave's appellate team also knows the justice system from the inside out: 

• Wendy Margolis is a former clerk of the Oregon Court of Appeals.
• Robert Sabido was Assistant Attorney General, Appellate and Trial Divisions, Oregon Department of Justice.
• Julie Smith is a former clerk of the Oregon Court of Appeals and state Assistant Attorney General, Appellate and Trial Divisions.
• In addition to their extensive experience arguing appeals in court, Tom and Thom have served as pro tem judges in Multnomah County Circuit Court.

Ninth Circuit Court of Appeals

• Clackamas County v. Midwest Employers Cas. Co.
• Kode v. Carlson
• Bispo v. GSW, Inc.
• Brooks v. Citibank, N.A.
• Darian v. Accent Builders, Inc.
• AT&T Communications-East Inc. v. BNSF Ry. Co.
• AcraDyne Inc. v. Travelers Cas. & Sur. Co. of America
• Clark v. Capital Credit & Collection Services, Inc.
• Oregon Metallurgical Corp. v. Burlington Northern & Santa Fe R. Co.
• Foster v. Carson
• Union Pacific R. Co. v. Mower
• West Park Associates v. Butterfield Sav. & Loan Ass'n
• Columbia Grain, Inc. v. Oregon Guar. Ass'n
• Breda v. Scott

Oregon Supreme Court

• Association of Unit Owners of Timbercrest Condominiums v. Warren
• Eads v. Borman
• Farmers Ins. Co. of Oregon v. Mowry
• Bonds v. Farmers Ins. Co. of Oregon
• Charles v. Palomo
• Vogelin v. American Family Ins. Co.
• Vaughn v. First Transit, Inc.
• Waldner v Stephens
• Boyer v. Salomon Smith Barney
• Lowe v. Philip Morris USA, Inc.
• Harris v. Suniga
• Mid-Century Ins. Co. v. Perkins
• Johnson v. Swaim
• Logan v. D.W. Sivers Co.
• Reynolds v. Schrock
• Burden v Copco Refrigeration, Inc.
• McCall v. Kulongoski
• Barackman v. Anderson
• Williams v. Philip Morris, Inc.
• Walsh Construction, Inc. v. Mutual of Enumclaw
• Bergmann v. Hutton
• Yancy v. Shatzer
• League of Oregon Cities v. State
• State ex rel. Kaino v. Oregon Comm’n on Judicial Fitness and Disability
• Abrams v. General Star Indem. Co.
• Swett v. Bradbury (Swett II)
• Lincoln Loan Co. v. City of Portland
• League of Oregon Cities v. State
• Swett v. Bradbury (Swett I)
• Fleming v. United Services Auto. Ass’n
• Lakin v. Senco Products, Inc.
• Granewich v. Harding
• Vandermay v. Clayton
• Hagan v. Gemstate Mfg., Inc.

Oregon Court of Appeals

• Schilder v. Carlson
• Congdon v. Berg
• Two Two v. Fujitec America, Inc.
• Brownstone Homes Condominium Ass'n v. Brownstone Forest Heights, LLC
• McCoy v. Newport Seafood Grill
• Truck Ins. Exchange v. Friend
• McMackin v. Union Pacific Railroad Co.
• Wright v. Turner
• Badrick v. Farmers ins. Co. of Oregon
• Cermak v. Global Construction, Inc.
• Howard v. Chimps
• Evergreen Pacific, Inc. v. Cedar Brook Way, LLC
• Worthington v. Estate of Milton E. Davis
• Homebuilders Assoc. of Metro. Portland v. METRO
• Amberglen, LLC v. Ankrom Moisan Associated Architects, Inc.
• Karuk Tribe v. Tri-County Metropolitan Transportation District
• King v. Neverstill Enterprises, LLC
• Mossberg v. University of Oregon
• Haines v. Oliver
• Yee v. Yee
• Belinskey v. Clooten (Belinskey II)
• Certain Underwriters at Lloyd's London v. Massachusetts Bonding and Ins. Co.
• McDowell v. Allied Building Products Corp.
• Ekren v. Farmers Ins. Co. of Oregon
• Morasch v. Hood
• Cardenas v. Farmers Ins. Co.
• Riverside Homes, Inc. v. Murray
• Mulligan v. Hornbuckle
• Charles v. Palomo
• Bonds v. Farmers Ins. Co. of Oregon
• Assoc. of Unit Owners of Riverbend on Willamette Condominium v. American States Ins. Co .
• Wilmoth v. Ann Sacks Tile and Stone, Inc.
• Worman v. Columbia County
• Rogozhnikov v. Essex Ins. Co.
• Morton & Associates, LLC v. McCain Foods USA, Inc.
• Yowell v. Wild Oats Markets, Inc.
• Kennedy v. Eden Advanced Pest Technologies
• Vaughn v. First Transit, Inc.
• Vogelin v. American Family Mutual Ins. Co.
• Landauer v. Landauer
• Martinez v. Kulongoski
• Farmers Ins. Co. of Oregon v. Conner
• Buckwalter v. State Farm Mut. Auto. Ins. Co.
• Belinskey v. Clooten (Belinskey I)
• Barackman v. Anderson
• Day-Towne v. Progressive Halcyon Ins. Co.
• Heffner v. Farmers Ins. Co. of Oregon
• Cole v. Sunnyside Marketplace, LLC
• Huntley v. Tri-Met
• Mid-Century Ins. v. Perkins
• Phillips v. Safeco Ins. Co. of Oregon
• Harris v. Suniga
• Johnson v. Swaim
• Gaucin v. Farmers Ins. Co. of Oregon
• Palmquist v. Flir Systems
• Robert Camel Contracting v. Krautscheid
• Weston v. Camp's Lumber & Building Supply, Inc.
• Burden v. Copco Refrigeration, Inc.
• Douglas Community Hospital v. Mercy Medical Center
• Busch v. Farmington Centers Beaverton
• Reeves v. Reeves
• Farmers Ins. Exch. v. Crutchfield
• Guess v. Lee
• Shumake v. Foshee
• Evers v. Roder
• Roop v. Parker Northwest Paving Co.
• Williams v. Philip Morris Inc.
• Lea v. Farmers Ins. Co. of Oregon
• Waddill v. Anchor Hocking, Inc.
• McLean v. Charles Ellis Realty, Inc.
• Walsh Const. Co. v. Mutual of Enumclaw
• Bocci v. Key Pharmaceuticals, Inc.
• Anderson v. Farmers Ins. Co. of Oregon
• Association of Unit Owners of Bridgeview Condominiums v. Dunning
• Moore Excavating, Inc. v. Consolidated Supply Co.
• Summer Oaks Ltd. Partnership v. McGinley
• Young v. Continental Crane & Rigging Co.
• Slagle v. Hubbard
• Tyrrell v. Marine Propulsion Services, Inc.
• Turudic v. Stephens
• Nelsen v. Nelsen
• Miller v. Salem Merchant Patrol, Inc.
• Jeffries v. Mills
• Polaski v. Clark
• Rugemer v. Rhea

Washington Supreme Court

• Broughton Lumber Company v. BNSF Railway Company
• Troxell v Rainer Public Sch. Dist No. 307

Washington Court of Appeals

• Pederson v. Allied Credit Companies
• Sepulveda-Esquaril v. Central Machine Works

Affiliations

American Academy of Appellate Lawyers
Defense Research Institute
Federal Bar Association
Federation of Defense & Corporate Counsel
Litigation Counsel of America
Oregon Association of Defense Counsel
Oregon State Bar Appellate Section
Owen M. Panner American Inn of Court
U.S. District Court of Oregon Historical Society