Appellate Law

The Appellate Law Practice of MacMain Leinhauser is comprised of experienced lawyers, trial lawyers, and former judicial clerks who provide a sophisticated approach to client advocacy that weaves persuasive argument, legal authority, and public policy considerations. Our appellate lawyers are skilled at presenting cases in a creative, persuasive, and readable manner that is carefully adapted to the court or venue where the appeal is pending.

Our attorneys have prosecuted and defended over 100 appeals and argued more than 25 times before the Third Circuit Court of Appeals, the Pennsylvania Supreme Court, the intermediate appellate courts of Pennsylvania and New Jersey, and the Michigan Court of Appeals.

Our appellate experience involves a broad array of substantive areas including civil rights and public sector liability, constitutional law, education law, and employment matters. In each case, our attorneys focus on obtaining a thorough understanding of our clients’ business, organization, and the current situation so that our advocacy can serve the best interests of our clients and the issues that are important to them.

Among our more notable appellate successes are the following decisions: J.B. v. Fassnacht, 801 F.3d 336 (3rd Cir. 2015) (establishing new standard for analyzing §1983 search claims at juvenile detention facilities); Mulholland v. Gov’t of The County of Berks, 706 F.3d 227 (3d. Cir. 2013) (standard for due process violations in the claims against child welfare agencies); Hayes v.City of Taylor (Michigan Court of Appeals 2012) (establishing new standard for review of police pursuit cases in Michigan);Seeton v. Adams, 64 A.3d 39 (Pa. Cmwlth. 2012)(affirming standard that a prosecutor’s discretion in the determination of filing criminal charges cannot be challenged on mandamus);Kelly v. Carlisle 622 F. 3d 248 (3rd Cir. 2010) (establishing new qualified immunity standard in §1983 false arrests claims for police officers relying on prosecutor’s direction); Carswell v. Homestead 381 F. 3d 235 (3rd Cir. 2004) (often-cited standard for qualified immunity in §1983 police use of force cases).