Founder
You fought through trial. You lost. Now you’re staring down an expensive verdict or a damaging judgment that threatens your business’s future. So what’s next?
In Illinois, you may have the option to file an appeal. Appellate courts don’t rehash every detail of a trial. They look at whether the trial court got the law right and whether any mistakes justify a second chance. If you’re a business owner in Illinois wondering whether an appeal could protect your company, here’s what you need to know, and why your next move matters.
If you’re considering an appeal, know that the clock is ticking. Schedule a consultation with The Keleher Appellate Law Group today to get a clear read on your options.
What Types of Business Tort Cases Are Appealed?
Business torts involve wrongful conduct that causes financial harm. These are rarely simple disputes. They often involve complex facts, conflicting expert testimony, and high stakes, making them prime candidates for appellate review.
Common business tort cases may include:
- Fraud during a contract negotiation, merger, or sale
- Tortious interference with contracts or customer relationships
- Breach of fiduciary duty by officers, directors, or partners
- Misappropriation of trade secrets or other unfair competition claims
These cases often get appealed because:
- The verdict includes a large damages award
- The trial court applied the wrong legal standard
- The case involved conflicting interpretations of unsettled law
Because these cases carry high financial and legal stakes, business owners often turn to the appellate court when they believe a trial error had real consequences. An appeal may be the only way to correct the record and protect your bottom line.
How the Illinois Appellate Court Reviews Business Torts
All civil appeals in Chicago go through the Illinois Appellate Court, First District. This court doesn’t retry the case or hear new evidence. It reviews the record of what already happened and decides whether legal errors were made.
Here’s what the process generally looks like:
- Notice of Appeal: Must be filed within 30 days of the final judgment
- Briefs: Each side submits written arguments
- Oral Argument: Optional, but can be powerful
- Decision: Issued in writing after review
The court won’t reverse just because the outcome seems unfair. The key question is: Did the trial court make a legal mistake that likely changed the outcome?
Standards of Review That Shape the Outcome
Different types of decisions get different levels of scrutiny. This matters because the more deference a trial judge gets, the harder it is to win an appeal.
Here are the key standards:
- De novo: The appellate court reinterprets the law from scratch. Used for questions of legal interpretation, such as contract terms or fiduciary duties.
- Abuse of discretion: Used for decisions like admitting evidence. The court won’t reverse unless the decision was clearly unreasonable.
- Clearly erroneous or “manifest weight of the evidence”: Applies to factual findings by a judge. A high bar—only overturned if the mistake is obvious and significant.
Understanding which standard applies can make or break your appeal. The more deference the trial judge gets, the steeper the uphill climb.
Common Issues That Lead to Reversal
Most appeals fail. But when they succeed, it’s often because one or more of the following occurred:
- Incorrect jury instructions that misstated the law
- Improper admission or exclusion of key evidence
- Legal standards applied incorrectly to the facts
- Insufficient evidence to support the verdict
In some Illinois cases, verdicts have been reversed when key financial records were wrongly excluded or when the jury was given flawed instructions on core legal issues. These kinds of errors can directly impact the outcome, especially in high-dollar business disputes.
Strategic Considerations Before You File
Appeals are not cheap or fast. But they’re sometimes necessary.
Before filing, ask:
- Was a legal error preserved during trial? If not, the issue might be waived.
- Do the facts support a strong argument that the outcome would’ve been different?
- Can your business afford the time and cost? Most appeals take between 12 and 18 months and are a significant financial investment as well.
Trial lawyers focus on persuading a jury. Appellate lawyers focus on identifying legal errors and persuading judges. If your trial team didn’t flag legal missteps at the time, your appellate counsel needs to find what was preserved and make the strongest case from it.
Why Experience Matters in Illinois Appellate Courts
More than 2,800 civil appeals were filed in Illinois in 2023, according to the state’s annual court report. Many originated in Cook County, where business tort litigation is especially active. As a result, First District appellate judges regularly handle high-stakes commercial cases, and their decisions often guide how similar disputes are resolved across Illinois.
The Keleher Appellate Law Group focuses exclusively on appeals. That means:
- We know how to identify appealable errors
- We understand the nuances of the First District
- We partner with trial counsel to protect the record early, or take the lead post-verdict
Whether you’re already in the appellate phase or weighing your next steps, we bring clarity, strategy, and precision to your case.
Don’t Let a Trial Verdict Be the Final Word
If a trial result threatens your business, don’t assume you’re out of options. An appeal may give you a path to correct the record, reduce your exposure, or defend what you’ve built. Schedule a consultation with The Keleher Appellate Law Group. We’ll review your options, assess your chances, and come up with a strategy that fits your business needs.