"An exceptional appellate practice," says Chambers USA, America's Leading Lawyers for Business, of KOHP's Liz Hardy. She is just one of our attorneys with wide-ranging and successful appellate track records. We attribute our appellate success to our long-view approach, to identifying and preserving potential appellate issues from the start, with an eye to shaping or re-shaping the case law governing employment litigation. As a result of this approach, our appellate practice is efficient and cost-effective, and has led to a number of case law developments in recent years that have been very favorable to employers.

Our firm is often retained to assist or replace original trial counsel in high exposure appeals. In one such case, we successfully overturned a $21 million jury verdict against DaimlerChrysler - the largest single-plaintiff compensatory damages award for sexual harassment in history.

Many of our attorneys nurtured their appellate skills by clerking for judges on the U.S. Court of Appeals for the Sixth Circuit, the Michigan Supreme Court, and the Michigan Court of Appeals. All of us have honed those skills through briefing and arguing employment cases in the federal and state appellate courts. In addition, we have significantly benefitted, as have our clients, from the insight and unique perspectives provided by retired Michigan Supreme Court Justice Patricia J. Boyle, who is of counsel to our firm.

Here are representative examples of our appellate practice:

• Maldonado, McClements, and Elezovic v. Ford Motor Company, Michigan Supreme Court: In three separate landmark appeals involving Michigan sexual harassment law, the Michigan Supreme Court defined the consequences for litigant and attorney misconduct; when an employee gives "reasonable notice" of claimed harassment; when employers can be liable for harassment of non-employees; and when Michigan's anti-discrimination laws provide the exclusive remedy for sexual harassment.
• Panepucci v. Honigman Miller Schwartz and Cohn, U.S. Court of Appeals for the Sixth Circuit: The appellate court affirmed the dismissal of claims filed by a disgruntled law firm partner under anti-discrimination statutes, holding that the firm's partnership agreement required arbitration of such claims.
• Local 701 Welfare & Pension Funds v. Vanguard Car Rental USA, Inc., U.S. Court of Appeals for the Seventh Circuit: The appeals court agreed with Vanguard's position that multi-employer pension and welfare funds were not entitled to unilaterally increase contribution rates during a hiatus between collective bargaining agreements.
• Douglas Foods Corp. v. NLRB, U.S. Court of Appeals for the D.C. Circuit: The appellate court vacated all of the significant portions of an NLRB order that would have required a major restructuring of the employer's business.
• Talanda v. KFC National Management Co., U.S. Court of Appeals for the Seventh Circuit: The appeals court ruled in KFC's favor that "opposition" activity is protected under the ADA's anti-retaliation provisions only where the employee acted pursuant to a "good faith belief."
• Hobley v. KFC National Management Co., U.S. Court of Appeals for the D.C. Circuit: In each of three separate appeals involving twelve cases, the appellate court affirmed the trial court's rulings in KFC's favor.