Appeals

The appellate process is treacherous and contains many traps for the attorney who is not used to the post-trial paradigm. It is handled exclusively by judges, not juries. Excellent legal writing skills are required. Excellent speaking skills are required. Stuart Starry has both. He honed these skills early on when he was awarded a college debate scholarship. He has continued to develop such skills with a number of successful appeals. He has received notoriety for his unusual appellate victories. See Publications, Blogs, News and FAQ.  Mr. Starry has argued and won en banc decisions in both the Fifth and the Ninth Circuit Courts of Appeals, overturning prior precedent. In one of the cases, he persuaded the court to overturn law put into place when he had argued the exact opposite side of the issue. See Publications, Blogs, News and FAQ.  For a sample of Mr. Starry’s appellate victories, see:

  • O’Carroll v. American Airlines, 863 F.2d 11 (5th Cir. 1989) cert. denied, 409 U.S. 1106 (1989);
  • Baugh v. Trans World Airlines, Inc., 915 F.2d 693 (5th Cir. 1990);
  • Compaq Computer Corp. v. Horton, 631 A.2d 1, 2 (Del. 1993)
  • Hodges v. Delta Airlines, 44 F.3rd 334 (5th Cir. 1995) (en banc);
  • Charas v. TransWorld Airlines, 160 F.3d 1259 (9th Cir. 1998) (en banc).   
  • In re Polybutylene Plumbing Litig., 23 S.W.3d 428 (Tex. App.—Houston [1st Dist.] 2000, pet. dism’d)
  • Giri v. Estep, No. 03-17-00759-CV, 2018 WL 2074652, at *5 (Tex. App.—Austin May 4, 2018, pet. denied)
  • Tillman v. Lake Pointe Owners Group, Inc., No. 07-19-00385-CV, 2020 WL 6253238, at *5 (Tex. App.—Amarillo Oct. 22, 2020, no pet.)
  • Alanis v. Alvarez, No. 04-19-00550-CV, 2020 WL 6293453, at *5 (Tex. App.—San Antonio Oct. 28, 2020, no pet.)

Mr. Starry handles case referrals from attorneys who have both won and lost at trial and are willing to negotiate a reasonable contingent or hourly fee. If you have just won or lost at trial, and are expecting to defend or prosecute an appeal, please contact us immediately.  Describe only the basic facts. Do not transmit any information you consider confidential.

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