Appellate Advocacy

Zelle Hofmann attorneys have successfully litigated scores of appeals resulting in many important appellate decisions on fundamental issues of law. These include the following:

• The extent of federal question jurisdiction over state law land disputes
• Application of Daubert principles to custom and practice testimony
• The enforceability of indemnity agreements releasing construction contractors from their own negligence
• Applicability of suit limitation provisions in property insurance policies.
• Whether the costs incurred for asbestos abatement/removal are insurable under a property insurance policy.
• Whether an EPA letter constitutes a suit.
• Whether a class can be certified in real estate dispute involving thousands of similarly-situated property owners
• Whether the sudden and accidental pollution exclusion bars claims for gradual pollution.
• Whether the owned property exclusion bars coverage for pollution.
• Whether governmental agency response costs are damages.
• Proof of lost profit damages for tortious interference with the business of a start-up company
• Whether environmental claims are covered under personal injury coverage.
• Whether patent, copyright, and trademark claims are covered under advertising injury coverage.
• Whether late notice bars coverage.
• Whether voluntary payments are covered.
• Whether pre-tender defense costs are covered.
• Whether a transaction constitutes a merger or an acquisition in the D&O context.
• Whether third parties may recover for "bad faith" under med pay provisions.
• The rights and responsibilities of outside consultants representing property insurance claimants.
• Defense and indemnity allocation issues between insurers.