Appellate Advocacy

Zelle Hofmann attorneys have successfully litigated scores of appeals resulting in many important appellate decisions on fundamental issues of law. These include the following:

The extent of federal question jurisdiction over state law land disputes
Application of Daubert principles to custom and practice testimony
The enforceability of indemnity agreements releasing construction contractors from their own negligence
Applicability of suit limitation provisions in property insurance policies.
Whether the costs incurred for asbestos abatement/removal are insurable under a property insurance policy.
Whether an EPA letter constitutes a suit.
Whether a class can be certified in real estate dispute involving thousands of similarly-situated property owners
Whether the sudden and accidental pollution exclusion bars claims for gradual pollution.
Whether the owned property exclusion bars coverage for pollution.
Whether governmental agency response costs are damages.
Proof of lost profit damages for tortious interference with the business of a start-up company
Whether environmental claims are covered under personal injury coverage.
Whether patent, copyright, and trademark claims are covered under advertising injury coverage.
Whether late notice bars coverage.
Whether voluntary payments are covered.
Whether pre-tender defense costs are covered.
Whether a transaction constitutes a merger or an acquisition in the D&O context.
Whether third parties may recover for "bad faith" under med pay provisions.
The rights and responsibilities of outside consultants representing property insurance claimants.
Defense and indemnity allocation issues between insurers.