Appeals in State and Federal Courts

I litigate appeals in state and federal courts across the country. As an appellate lawyer, I handle a wide variety of cases. Some appeals involve issues important only to the litigants, while other appeals raise issues of broad public concern, testing the social questions of the day against the law, creating legal and political tension. A few of the more interesting appeals include the following cases:

US v. Chube
One important decision on appeal is from the Seventh Circuit Court of Appeals in the case of US v. Chube (212 KB), decided August 15, 2008.

This Seventh Circuit Court of Appeals opinion is a big victory for any physician practicing anywhere in the United States defending against Drug Enforcement Administration (DEA) inquiries, investigations, or prosecutions because this opinion best illustrates the differences between the civil standard of care and the criminal conviction standard and the harm that will attach to physicians when these two distinctly different legal standards are confused or conflated.This win on appeal was also a huge victory for my clients, two Gary, Indiana, physicians, because it vacated their 15-year and five-year sentences, and returned their case to the federal trial court for re-sentencing. Perhaps more importantly, after an additional two and one-half months of intense litigation with the U.S. Attorney’s office and a series of thoughtful rulings from the District Court, both physicians were released from federal prison pending resentencing.

Library Staff has included this appeal in its listing of “Notable Oral Arguments” heard before the Seventh Circuit over the past 15 years.

Gonzales v. Oregon
Eli StutsmanAnother win on appeal is from the United States Supreme Court in the case of Gonzales v. Oregon (406 KB), decided January 17, 2006. In this decision, the United States Supreme Court affirmed the Ninth Circuit Court of Appeals’ opinion (263 KB), which had earlier affirmed the federal District Court’s opinion (1.78 MB) enjoining former United States Attorney General John Ashcroft from prosecuting Oregon physicians and pharmacists.

The formal case citations in this litigation are as follows:

In this case, I sued former Attorney General John Ashcroft and the Drug Enforcement Administration (DEA) (see Complaint (1.24 MB)) in federal District Court on behalf of a physician and a pharmacist who were threatened with federal criminal investigations, prosecutions, fines, and imprisonment. The Attorney General lost at all three levels–in the trial court, in the Ninth Circuit Court of Appeals, and before the United States Supreme Court.

This opinion by the United States Supreme Court is an important victory for physicians, pharmacists, and patients everywhere, because it establishes the precedent that the United States Attorney General may not define the scope of legitimate medical practice, and that the States, not the federal government, regulate the practice of medicine. Justice Kennedy, writing for the majority of the Court, concluded his 28 page opinion writing:

The Government, in the end, maintains that the prescription requirement delegates to a single Executive officer the power to effect a radical shift of authority from the States to the Federal Government to define general standards of medical practice in every locality. The text and structure of the CSA show that Congress did not have this far-reaching intent to alter the federal-state balance and the congressional role in maintaining it. Gonzales v. Oregon (406 KB)(Kennedy, J.)

The Gonzales v. Oregon litigation spanned five years, from 2002 through 2006. We won at all three levels, in the federal trial court, in the Ninth Circuit Court of Appeals, and before the United States Supreme Court. This victory secured the fate of the Oregon Death with Dignity Act, passed by Oregon voters in 1994 twelve years earlier.

The Gonzales v. Oregon litigation was not, however, the first time we defended the Oregon Death with Dignity Act in the federal courts. The first round of federal court litigation spanned three years, from 1994 to 1997. In this case, the federal trial enjoined the Oregon Death with Dignity Act from taking effect immediately after its passage. We appealed and won a reversal in the Ninth Circuit Court of Appeals, vacating the lower court’s judgment and injunction, and allowing the Oregon Death with Dignity Act to become law three years after its passage. The formal citation to that case is Lee v. State of Oregon, 107 F.3d 1382 (9th Cir. 1997).

The Oregon Death with Dignity Act is now established public policy and serves as the model legislation for other states. Read more about two of the laws on the states’ department of health websites:

Lincoln Interagency Narcotics Team v. Kitzhaber
Another victory on appeal came from the Oregon Supreme Court in the case of Lincoln Interagency Narcotics Team v. Kitzhaber (3.51 MB), decided October 19, 2006. In this decision, the Oregon Supreme Court reversed the Oregon Court of Appeals in favor of my clients, the sponsors of Ballot Measure 3-2000. With this victory fresh in hand, Ballot Measure 3-2000 was the only constitutional amendment from the 2000 election that remained in effect after legal challenges. Ballot Measure 3-2000 was also one of the very few constitutional amendments to survive a separate-vote challenge in recent Oregon history.

O’Donnell – Lamont & Lamont
Still another important decision on appeal came in the case of O’Donnell-Lamont & Lamont (260 KB), decided June 10, 2004. In this unanimous decision, the Oregon Supreme Court reversed the Oregon Court of Appeals in favor of my clients. This case is an important victory for children throughout Oregon because it establishes the new legal precedent to be applied in future third-party child custody disputes.

Lillian Jane DiAmico v. Robert Ellinwood, Ill
Another important win on appeal came in the case of Lillian Jane DiAmico v. Robert Ellinwood, III (1.1 MB), decided December 13, 2006. In this 3-0 decision, the Oregon Court of Appeals reversed the Circuit Court (trial court), in favor of my client, a seven-year-old child. This case is an important victory for children throughout Oregon because it preserves the statutory process intended by the Legislative Assembly to establish paternity against the types of defenses raised by Mr.Ellinwood against Lillian in the trial court.

Appellate Practice – Family Law

Although my practice hasn’t always handled family law appeals, I have had significant successes since first jumping into the arena in 2002. Today I handle appeals involving divorce, including child custody, child support, spousal support, and property division. Although this is difficult and sometimes heart wrenching work, it is also rewarding to assist those experiencing a difficult time in life.

Two notable decisions obtained as a family law appeals attorney

  • In 2002, I took up on appeal the case of O’Donnell-Lamont & Lamont (260 KB), and won a reversal on June 10, 2004. In this unanimous 7-0 decision, the Oregon Supreme Court applied a recent holding of the United States Supreme Court and reversed the Oregon Court of Appeals in favor of my clients. This case is an important victory for children throughout Oregon because it establishes the legal precedent to be applied in future third-party child custody disputes, affording more protection for children. Read more…
  • A few years later, I took up on appeal the case of Lillian Jane DiAmico v. Robert Ellinwood, III (1.1 MB), and won a reversal on December 13, 2006. In this 3-0 decision, the Oregon Court of Appeals reversed the Circuit Court (trial court), in favor of my client, Lillian, a seven-year-old child. This case is an important victory for children throughout Oregon because it preserves the statutory process intended by the Legislative Assembly to establish paternity against the types of defenses raised by Mr. Ellinwood against Lillian in the trial court. Read more…

Please call to learn more about my appellate practice, 503.274.4048.

127 comments on “Appeals

  1. Keesha on

    Ce que je voulais dire, c’est que Maurice Druon fait preuve d’une vulgarité sans nom. Le bon français n&Ãhªuo;emprqcse pas la vulgarité.

  2. free binary options signals on

    514472 918322 An intriguing discussion is worth comment. I feel which you need to write a lot more on this subject, it may well not be a taboo topic but typically folks are not enough to speak on such topics. Towards the next. Cheers 731685

  3. my blog on

    Hello there! Quick question that’s completely off topic. Do you know how to make your site mobile friendly? My blog looks weird when browsing from my iphone4. I’m trying to find a theme or plugin that might be able to correct this problem. If you have any recommendations, please share. Cheers!

  4. click here on

    Nice post. I was checking constantly this blog and I’m inspired! Very useful info specially the closing section 🙂 I care for such info a lot. I used to be seeking this particular information for a long time. Thanks and best of luck.

  5. home page on

    My family always say that I am wasting my time here at web, however I know I am getting familiarity everyday by reading such pleasant articles or reviews.

  6. adult onesie on

    I got this website from my buddy who informed me about this web page and at the moment this time I am visiting this web site and reading very informative posts here.

  7. nba 2k18 coins on

    Hi there! Do you know if they make any plugins to protect against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any recommendations?

  8. pokemon onesie on

    I do consider all the ideas you’ve presented to your post. They’re really convincing and will definitely work. Nonetheless, the posts are very brief for starters. Could you please lengthen them a little from subsequent time? Thanks for the post.

  9. click here on

    Superb post but I was wondering if you could write a litte more on this topic? I’d be very grateful if you could elaborate a little bit more. Thank you!

  10. visit site on

    I simply want to say I am new to blogs and absolutely enjoyed you’re blog. Likely I’m planning to bookmark your blog . You actually come with wonderful articles and reviews. Thank you for sharing with us your blog site.

  11. pikachu onesie on

    An interesting discussion is worth comment. I do think that you ought to publish more about this issue, it might not be a taboo matter but usually people don’t talk about such subjects. To the next! Best wishes!!

  12. click here on

    Hi great website! Does running a blog like this take a lot of work? I have absolutely no knowledge of computer programming however I had been hoping to start my own blog soon. Anyhow, should you have any suggestions or tips for new blog owners please share. I know this is off topic but I just wanted to ask. Many thanks!

  13. homepage on

    Thanks for ones marvelous posting! I actually enjoyed reading it, you could be a great author. I will be sure to bookmark your blog and may come back later in life. I want to encourage you to definitely continue your great job, have a nice afternoon!

  14. homepage on

    Thank you for sharing your thoughts. I really appreciate your efforts and I am waiting for your next write ups thank you once again.

  15. fifa 18 coins on

    Spot on with this write-up, I seriously believe this site needs a lot more attention. I’ll probably be returning to read more, thanks for the information!

  16. &MetrocLick.com on

    MetroClick specializes in building completely interactive products like Photo Booth for rental or sale, Touch Screen Kiosks and Digital Signage, and experiences. With our own hardware production facility and in-house software development teams, we are able to achieve the highest level of customization and versatility for Photo Booths, Touch Screen Kiosks and Digital Signage. MetroClick, 121 Varick St, #301, New York, NY 10013, +1 646-843-0888

  17. Health and Fitness on

    Thanks for sharing superb informations. Your web site is very cool. I’m impressed by the details that you’ve on this website. It reveals how nicely you understand this subject. Bookmarked this web page, will come back for extra articles. You, my friend, ROCK! I found simply the info I already searched everywhere and just could not come across. What a perfect web-site.

  18. netherland seedbox on

    871696 17559bless you with regard towards the specific weblog post ive actually been searching with regard to this kind of advice on the net for sum time these days hence with thanks 86935

  19. Rhett Yarwood on

    HiWhat’s upHi thereHello it’s me, I am also visiting this websiteweb sitesiteweb page regularlydailyon a regular basis, this websiteweb sitesiteweb page is reallyactuallyin facttrulygenuinely nicepleasantgoodfastidious and the userspeopleviewersvisitors are reallyactuallyin facttrulygenuinely sharing nicepleasantgoodfastidious thoughts.

  20. Health and Fitness on

    Thank you for another excellent article. The place else may anyone get that kind of information in such a perfect manner of writing? I have a presentation next week, and I am on the search for such information.

  21. Auto Care and Service on

    I got what you mean , appreciate it for putting up.Woh I am delighted to find this website through google. “If one does not know to which port one is sailing, no wind is favorable.” by Seneca.

  22. Health and Fitness on

    I and my guys were checking out the great things from your web page then before long I got an awful feeling I never thanked the website owner for them. My guys ended up totally happy to read all of them and now have sincerely been loving them. We appreciate you getting indeed helpful and then for having this form of superior guides millions of individuals are really needing to understand about. My very own sincere apologies for not expressing appreciation to you earlier.

  23. Ladawn Amari on

    excellent points altogether, you just received a new reader. What could you recommend in regards to your publish that you simply made a few days in the past? Any positive?

  24. Blog Comment on

    Excellent read, I just passed this onto a friend who was doing some research on that. And he actually bought me lunch since I found it for him smile Therefore let me rephrase that: Thanks for lunch!

  25. Free Songs on

    I am really impressed with your writing skills as well as with the layout on your blog. Is this a paid theme or did you customize it yourself? Either way keep up the excellent quality writing, it is rare to see a nice blog like this one these days..

  26. Janis Kamb on

    I don’tdo not even know the wayunderstand howknow how I stoppedI endedI finished up hereright here, howeverbut I thoughtI assumedI believed this postsubmitpublishput up used to bewaswas once goodgreat. I don’tdo not realizerecognizeunderstandrecogniseknow who you areyou’reyou might be howeverbut definitelycertainly you areyou’re going to a famouswell-known blogger if youshould youwhen youin the event youin case youfor those whoif you happen to are notaren’t already. Cheers!

  27. Garland Mcglocklin on

    Hi there, just was aware of your blog via Google, and found that it is truly informative. I am gonna be careful for brussels. I will be grateful when you proceed this in future. A lot of folks might be benefited out of your writing. Cheers!

  28. home page on

    I think that everything published was very reasonable. But, consider this, suppose you typed a catchier title? I ain’t saying your content isn’t good, however what if you added something to maybe get folk’s attention? I mean %BLOG_TITLE% is kinda vanilla. You ought to peek at Yahoo’s home page and watch how they create article titles to grab viewers to open the links. You might add a related video or a picture or two to get people excited about what you’ve got to say. Just my opinion, it might bring your posts a little bit more interesting.

  29. nba live coins on

    Its like you read my mind! You seem to grasp so much approximately this, such as you wrote the e book in it or something. I believe that you can do with a few p.c. to drive the message house a bit, but instead of that, this is magnificent blog. A fantastic read. I will certainly be back.

  30. Mason Bobb on

    Very well written story. It will be useful to everyone who utilizes it, as well as me. Keep doing what you are doing – for sure i will check out more posts.

  31. click here on

    Hello there, I discovered your site by means of Google at the same time as looking for a related matter, your web site came up, it appears great. I’ve bookmarked it in my google bookmarks.

  32. my blog on

    Thanks on your marvelous posting! I genuinely enjoyed reading it, you are a great author. I will remember to bookmark your blog and will come back at some point. I want to encourage continue your great posts, have a nice evening!

  33. New Company on

    Hi, Neat post. There’s a problem together with your web site in web explorer, may check this¡K IE nonetheless is the market chief and a big element of people will leave out your wonderful writing due to this problem.

Leave a Reply

Your email address will not be published.