Appellate Advocacy

Milberg has a long history of appellate victories that have shaped the law favorably for consumers and investors.  The Firm’s appellate achievements span decades — from the Ninth Circuit’s 1975 decision in Blackie v. Barrack establishing the “fraud on the market” theory of securities fraud loss causation to the Supreme Court’s recent decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd. setting a uniform standard for pleading securities fraud claims.  Milberg has the unique resources to pursue cases through lengthy and even multiple appeals.  In addition, the Firm represents institutional investors as amicus curiae and partners with other firms and solo practitioners on appeals of interest to investors and consumers.

Milberg’s Appellate Practice is led by Arthur R. Miller, the nation’s leading scholar on civil procedure and author of the renowned treatise, Federal Practice and Procedure.  Professor Miller has argued before the Supreme Court of the United States, most recently in the Tellabs case, and every Circuit of the United States Court of Appeals.  He is a University Professor at New York University School of Law, previously having taught at Harvard Law School for 36 years. 

Justice Ruth Bader Ginsburg has stated that “Arthur Miller has graced the stages of our profession with enormous intelligence and inimitable style.”  No other plaintiffs’ firm has a dedicated appellate advocate of his caliber.   

To read about some of the Firm’s appellate achievements, click here.