Appellate Practice & Persuasive Writing

Capehart Scatchard’s Appellate Practice & Persuasive Writing Department is on the cutting edge of legal writing and persuasion technique. Chaired by a legal writing professor and best-selling author, the Department is renowned for its unique and remarkably effective approach to clear, concise and compelling written and oral advocacy.

Oftentimes, the party who tells the better story wins. Winning or losing frequently comes down to the ability to convey the client’s case more clearly than your adversary so that the Court is at ease that they understand the argument and are 100% comfortable granting the relief requested.

Our approach to legal writing combined with our knowledge of the intricacies of appellate practice make the Appellate Practice & Persuasive Writing Department at Capehart Scatchard the right choice for your appeal or motion.

Legal Services

Capehart Scatchard’s Appellate Practice and Persuasive Writing Department handles, consults and edits appeals and motion practice in the following venues:

State appeals to New Jersey’s Appellate Division

State appeals to New York’s Appellate Division, Departments 1st through 4th

State appeals to Pennsylvania’s Superior Court and Commonwealth Court

Federal appeals to Second Circuit Court of Appeals

Federal appeals to Third Circuit Court of Appeals

State trial court motion practice in New Jersey, New York and Pennsylvania

Federal district court motion practice in the District of New Jersey, all Districts of New York and Pennsylvania

Representative Matters

Recent Published Appellate Opinions:

  • Landahl v. City of Buffalo, 103A.D.3d 1129 (4th Dept. 2013)
  • McLaren v. Turner Construction, 105 A.D.3d 1016 (2nd Dept. 2013)
  • Zaidman v. Marcel Weisman, LLC, 106 A.D.3d 813 (2nd Dept. 2013)
  • Hahn v. Tops Markets, LLC, 94 A.D. 3d 1546 (4th Dept. 2012)

Recent Unpublished Victories:

Baldanza’s Town & Country Bakery v. Cognetta – Superior Court, Ocean County

Summary Judgment awarded to Capehart Scatchard professional liability client under federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. §9601 et seq.)

Wilmot v. New York, Susquehanna & Western Railway – Supreme Court, Oneida County

Summary Judgment awarded to Capehart Scatchard railroad client under Federal Employers’ Liability Act (FELA) (45 U.S.C. §§51-60)

West Indian Labor Day Parade v. Nature’s Finest Security – Supreme Court, Kings County

Summary Judgment awarded to Capehart Scatchard specialized security firm client involving high-profile shooting at annual parade in Brooklyn

Hernandez v. Dunkin’ Brands Acquisition – Supreme Court, Kings County

Summary Judgment awarded to Capehart Scatchard franchisor client