Appellate Group
Whether you are seeking to reverse an adverse judgment, or to defend a favorable judgment, Fishman Haygood’s appellate lawyers understand that the most important ruling in your case will be the last one.
Fishman Haygood regularly handles appeals in federal and state courts, representing plaintiffs and defendants across many substantive subject areas at various stages of pre-trial and trial dispositions, in review of administrative proceedings, and, as part of our pro bono commitment, in select immigration and post-conviction proceedings. Fishman Haygood’s appellate counsel have assisted trial teams in pre-trial proceedings and at trial to ensure the proper positioning and preservation of appellate issues; have been brought on after a judgment in a trial court to immerse themselves in that trial court record and either devise and execute a strategy for appealing a judgment or for holding onto a judgment that has been obtained; and have taken on cases already on appeal to assist counsel in briefing, oral argument preparation, and further appellate steps.
The attorneys who comprise the core of Fishman Haygood’s appellate practice group bring with them the experience of having clerked for appellate and trial court judges in both federal and state courts, as well as years of appellate practice experience. Partner Tad Bartlett clerked for the Hon. James L. Dennis on the U.S. Court of Appeals for the Fifth Circuit (after interning for Judge Dennis while in law school and serving as a research assistant for Judge Dennis and the Hon. Ruth Bader Ginsburg of the U.S. Supreme Court as they constructed a team-taught class in comparative human rights law). Partners Jason Burge (the Hon. Jerry E. Smith), Ian Atkinson (the Hon. Edith Brown Clement), and John Bel Edwards (the Hon. James L. Dennis) also clerked for U.S. Fifth Circuit judges. Partner Molly Wells clerked for the Hon. Carl Barbier of the Eastern District of Louisiana, where Ian also clerked for the Hon. Sarah S. Vance. In the Louisiana Supreme Court, Partner Dana Shelton clerked for the Hons. Jack C. Watson and Walter F. Marcus, while Special Counsel Steve Herman clerked for the Hon. Harry Lemmon.
Both Tad and Jason are Appellate Practice Specialists, certified by the Louisiana Board of Specialization; Tad also is an appointed member of the LBLS Appellate Practice Advisory Commission. Currently, there are only 21 certified appellate practice specialists in the state of Louisiana, and Fishman Haygood is one of only three firms with more than one certified appellate practice specialist. Jason and Tad present often at legal seminars on appellate practice broadly and the U.S. Fifth Circuit specifically. In addition, Tad keeps a semi-daily blog, “Take the Fifth,” summarizing every decision released by the U.S. Court of Appeals for the Fifth Circuit and keeping monthly and annual compilations of statistics from Fifth Circuit decisions. He is frequently sought for analysis on Fifth Circuit appellate issues by the national legal press.
Tad (Up & Coming) and Jason (Band 2) are recognized in the 2025 edition of Chambers and Partners for their appellate practices. The firm is also ranked Tier 1 in Appellate Practice in New Orleans by Best Law Firms® for 2026.
Fishman Haygood’s appellate practice group also includes a deep and talented bench of up-and-coming associates with an aptitude for the analytical and writing skills that are the focus of an appellate practice, including Julie Meaders (a former judicial intern on the Fifth Circuit for Judge James Dennis), Isabel Englehart, Maggie Daly (a former judicial clerk on the Eastern District of Louisiana for Judge Carl Barbier), and Zoe Vogel.
Because every appellate need is unique, Fishman Haygood’s attorneys welcome the opportunity to engage in this representation in a variety of fee contexts, including hourly, various flat-fee arrangements, and contingency-fee arrangements.
*This comment was collected as part of the Best Law Firms® research process.
Representative Experience
Federal Court:
- Fleming v. Bayou Steel (5th Cir. 2023): Successfully argued for the reversal of a district court order that held that Black Diamond Capital Management (BDCM), the private equity parent corporation of Bayou Steel, could not be liable for damages under the Worker Adjustment and Retraining Notification (WARN) Act.
- Landon Young, et al v. Chemguard, Inc. et al (9th Cir. 2022): Prevailed in the Ninth Circuit against an appeal by Chemguard, Inc.; Tyco Fire Products, L.P.; Perimeter Solutions, LP; L.N. Curtis and Sons, Inc.; and Matlick Enterprises, Inc. (collectively, “Chemguard”) from the United States District Court for the District of Arizona regarding the right of a products liability plaintiff to proceed with his lawsuit in state court.
- K&F Restaurant Holdings, Ltd. et al. v. Rouse et al., 798 Fed. Appx. 808 (5th Cir. 2020): Successfully defended appeal of a Middle District of Louisiana opinion dismissing with prejudice K&F’s claim for violation of the Louisiana Unfair Trade Practices Act.
- In re Crocker, 941 F.3d 206 (5th Cir. 2019): Successfully defended an appeal by Navient Solutions, LLC and Navient Credit Finance Corp. from a Southern District of Texas ruling that held that Plaintiff Crocker’s student loans were dischargeable in bankruptcy, in the first Circuit Court opinion to rule on the issue.
- Broyles v. Commonwealth Advisors, Inc., 936 F.3d 324 (5th Cir. 2019): Successfully overturned the Middle District of Louisiana’s grant of a motion to dismiss, establishing that an investor in mutual funds has standing to sue the financial advisor who managed the funds.
- Matter of Henry, 944 F.3d 587 (5th Cir. 2019): Successfully defended an appeal by Wells Fargo Bank from a Southern District of Texas ruling that bankruptcy courts have discretion to refuse to enforce arbitration clauses regarding claims of violations of the discharge injunction.
- Ticknor v. Rouse’s Enterprises, L.L.C., 592 Fed. Appx. 276 (5th Cir. 2014): Successfully defended a 23(f) appeal of the Eastern District of Louisiana decision, obtaining affirmance of a ruling denying class certification in a FACTA class action.
- UBS Financial Services, Inc. et al v. Carilion Clinic, 706 F.3d 319 (4th Cir. 2013): Prevailed in the Fourth Circuit against an appeal by investment banks UBS Financial Services, Inc. and Citigroup Global Markets, Inc. from the Eastern District of Virginia regarding the arbitrability of claims that Carilion Clinic brought against the banks in FINRA arbitration.
- UBS Financial Services Inc. et al v West Virginia University Hospitals Inc., 660 F.3d 643 (2nd Cir. 2011): Successfully defended an appeal by UBS Financial Services, Inc. from the Southern District of New York to enjoin West Virginia University Hospitals, Inc. from pursuing claims against the financial services company in FINRA arbitration.
State Court:
- Morgan City Land and Fur Co. v. Tennessee Gas Pipeline Co., L.L.C., 325 So. 3d 1051 (La. 10/12/2021), affirming in part Morgan City Land and Fur Co. v. Tennessee Gas Pipeline Co., L.L.C., 319 So. 3d 437 (La. App. 4 Cir. 4/21/2021): Successfully reversing district court summary judgment that pipeline companies did not have a duty to maintain canal widths.
- Vintage Assets, Inc. v. Tennessee Gas Pipeline Co., L.L.C., 20-0065, 20-0066 (La. App. 4 Cir. 3/19/2020) (unpub.): On competing writ applications, successfully had trial court summary judgment affirmed in part that held that pipeline companies had a duty to maintain canal widths where servitude agreements required pipeline canals not exceed a certain width, and successfully had trial court summary judgment ruling reversed in part on holding that this duty to maintain canal widths also applied to servitude agreements that did not state a specific canal width.
- Thibeaux v. GoAuto Insurance Company, 269 So.3d 843 (La. App. 3 Cir. 3/2/19): Successfully overturned the 15th Judicial District Court’s grant of summary judgment on the issue of whether a named excluded operator provision was enforceable where the vehicle was driven without the insured’s permission.
- Louisiana Oil and Gas Ass’n, Inc. v. Caldwell, 2016 WL 687144 (La. App. 1 Cir. 2/18/2016): Successfully defended appeal of judgment granting regional flood protection authority’s requested declaratory relief regarding its authority to retain outside counsel to represent it in claims arising from coastal land-loss issues.
