Founder
The three most common and fatal mistakes that compromise employment discrimination appeals are:
- Procedural Errors: Missing the strict deadline to file the Notice of Appeal (e.g., the 30-day window under Federal Rule of Appellate Procedure 4), or failing to ensure the trial record is complete and properly preserved.
- Strategic Errors: Arguing for a re-weighing of the facts (which is highly restricted by the “Clearly Erroneous” standard) instead of demonstrating a clear, reversible error of law made by the lower court.
- Persuasion Failures: Submitting an unfocused Appellate Brief that raises numerous weak issues instead of concentrating on two or three compelling, preserved legal arguments.
The Need for Appellate Precision
If you received an unfavorable judgment in a federal employment discrimination case, the natural next step is often to seek an appeal. However, winning on appeal is a difficult legal pursuit. The entire process shifts away from fact-finding, which dominated your trial, toward error-finding.
The pursuit of a federal appeal demands adherence to complex procedural rules and a thorough understanding of appellate strategy. The failure to make this transition—from trial thinking to appellate thinking—is the root cause of many preventable losses. We work primarily in this challenging area, and we understand the procedures and pitfalls that cause meritorious cases to fail.
Procedural Failures: The Non-Discretionary Deadline Trap
The Federal Appellate Courts’ rules concerning time and documentation are absolute. Jurisdiction—the court’s authority to hear your case—is dependent on adherence to these rules. Miss one step, and your appeal may be dismissed before the judges ever consider your case.
The most notorious trap is the Notice of Appeal Deadline.
- Missing the Notice of Appeal Deadline (Rule 4): In federal court, you typically have only 30 days after the entry of the final judgment to file the Notice of Appeal, as stipulated by Federal Rule of Appellate Procedure 4. This deadline is strictly enforced. Even if you have strong arguments about discrimination or wrongful termination, they will never be heard if the Notice is late.
- Failure to Preserve the Record: An appeal relies entirely on the Record on Appeal—the certified transcript of proceedings and all exhibits presented at trial. It is a mistake to assume this record is complete. We ensure that the record fully supports the legal arguments we intend to make, because if the evidence is not in the record, we cannot reference it in our brief.
Strategic Error: Ignoring the Standard of Review
The single most common and costly mistake made by attorneys new to appellate litigation is arguing the wrong thing. A federal appellate court is not a venue for retrial. Its power is limited by the Standard of Review, which dictates the degree of deference the appellate panel must accord the trial court.
Arguing Facts, Not Law
If you ask the Federal Appellate Court to reweigh the evidence or overturn a jury’s factual findings, your appeal will likely fail. For example, Appellate Courts review findings of fact under the highly restrictive “Clearly Erroneous” standard. This means we must prove the trial judge’s finding was impossible or irrational. If there is any reasonable evidence in the record that supports the lower court’s finding, the appellate court will affirm the decision.
The Correct Focus: Identifying Legal Errors
To succeed, you must pinpoint a specific, reversible error of law. These are questions the appellate court reviews de novo—meaning without deference to the trial judge. These errors include:
- The trial court applying the wrong statutory framework.
- The judge improperly admitting or excluding critical evidence.
- Faulty jury instructions that misrepresented the law on discrimination.
We focus our legal research on finding the preserved error that gives you the best chance of obtaining a reversal.
Persuasion Failure: The Unfocused Appellate Brief
The Appellate Brief is your sole opportunity to convince the court. It must be a clear, concise, and compelling document. Poorly written or overstuffed briefs dilute even the strongest legal position, making it difficult for the judges to understand your position.
It is a tactical error to raise every possible grievance. A brief with ten weak or technical arguments is far less persuasive than one that concentrates its firepower on two or three preserved legal errors that genuinely impacted the outcome of the trial. Selectivity is key.
Further,, the Statement of Facts must be neutral, professional, and entirely accurate. If you present the facts in an argumentative way, or fail to provide pinpoint citations to the Record on Appeal, you sacrifice credibility with the court.
Appellate Attorneys For Employment Discrimination Cases
Appellate litigation is a distinct, high-stakes discipline. The cost of procedural and strategic mistakes is not merely the continuation of a legal process; it is the final loss of your case.
We understand these trapdoors. We offer the thorough case evaluation and persuasive brief writing necessary to handle the complexities of your appeal. If you or your client face an unfavorable judgment in a federal employment discrimination case, contact The Keleher Appellate Law Group today. We will provide an honest, candid assessment of your case and outline a clear strategy for success.