Losing a trial can seem devastating. One important thing to remember is that everyone involved in the legal system is human. Judges can make mistakes, as can juries and lawyers. If you believe that your case was improperly decided, an experienced attorney can evaluate the situation and the possibility of appeal.
Appeals are not do-overs of your trial but focused reviews of what happened in the lower court. We look at whether the judge applied the law correctly, whether important evidence was wrongly excluded or admitted, and whether the outcome was affected by legal error. In many civil and business disputes, the window to seek appellate review is short, so it is important to speak with counsel quickly after an adverse verdict or order to preserve your rights.
At Weisberg Law, we handle a wide range of civil litigation as well as civil appeals. We frequently serve as primary counsel on appeals in the 3rd Circuit Court of Appeals, as well as the state appellate courts. We also collaborate with other attorneys to handle discrete parts of a given appeal, such as evaluating the prospect of an appeal, presenting oral argument, filing post-argument motions, or all of the above.
To have your potential appeal evaluated by an experienced Philadelphia appeals attorney, please call (610) 550-8042 or contact us online to schedule a free consultation.
How Long Do Appeals Take in Pennsylvania?
Appeals in Pennsylvania can take anywhere from a few months to a year or more to complete. The exact amount of time depends on several factors, including the complexity of the case, the caseload of the court, and whether or not any additional proceedings are necessary, such as oral arguments or post-trial motions.
The appellate timeline also depends on which court is hearing the case. Civil and business appeals from Philadelphia County generally go to the Pennsylvania Superior Court or Commonwealth Court, while certain federal matters are reviewed by the Third Circuit Court of Appeals. Each court sets its own briefing schedule, and extensions or motions can lengthen the process. We explain these stages at the outset so you understand when briefs will be filed, when oral argument might be scheduled, and how long a written decision may reasonably take.
Our Appellate Approach for Business and Civil Matters
Appeals require a different strategy than trials, particularly in complex commercial and civil cases. Rather than rearguing every fact, we focus on identifying the legal issues most likely to persuade an appellate panel that the lower court made a reversible error. This approach is especially important in business disputes, where the interpretation of a contract, statute, or regulation can impact how a company operates across Pennsylvania and New Jersey.
When we evaluate a potential appeal, we look at how the trial court applied key legal standards, such as summary judgment rules, evidentiary thresholds, and burdens of proof. We then decide which issues should be raised, how they should be framed for the Pennsylvania Superior Court or Commonwealth Court, and whether a stay of enforcement is worth pursuing while the appeal is pending. By doing this early, we align the briefing strategy with the client’s business goals and risk tolerance.
For commercial collections and insurance subrogation matters, we carefully review the judgment to see whether the court misapplied contract language, incorrectly calculated damages, or made procedural rulings that limited recovery. In other cases, such as employment, consumer, or civil rights appeals, we examine whether the court applied the right legal standard to discrimination, retaliation, or unfair practice claims. Across these matters, we use our experience to present a clear, concise, record-focused argument designed for appellate judges who see large volumes of business and civil appeals in Pennsylvania.
We Handle Many Types of Civil Case Appeals in Philadelphia
Succeeding at the appellate level requires an attorney with an eye for detail as well as knowledge of intricate laws and the different procedures that are required in appeals courts.
When our lawyers handle a case at the trial level, we make sure that any errors are put into the record. Having a record can provide grounds for an appeal later on and avoid a possible legal malpractice issue. When we appeal a case originally handled by another law firm, we closely scrutinize the trial record, the transcripts, and all available documents. We look for errors that would provide valid grounds for appeal.
In commercial collections and insurance subrogation matters, we often review whether the court misapplied contract law, improperly interpreted policy language, or made procedural rulings that affected a creditor’s ability to recover. We also assess whether the judge correctly handled issues such as prejudgment interest, jurisdiction over out-of-state entities, and the entry of default or summary judgment against a business party.
We also handle appeals arising out of complex commercial litigation and partnership disputes, where the trial court’s findings can have long-term effects on ownership interests and control of a company. In these cases, we examine how the court interpreted operating agreements, shareholder agreements, and fiduciary duties, and whether any instructional errors or evidentiary rulings affected the verdict for a business in Philadelphia or elsewhere in Pennsylvania.
Our team frequently evaluates appeals involving legal malpractice and professional license defense, where an earlier proceeding may have been mishandled or where a licensing board decision threatens a professional’s livelihood. We review whether the proper standards were applied, whether due process was followed, and whether there is a path to correct or limit the impact of an adverse finding in state or federal appellate courts.
In civil, employment, and consumer rights cases, we look closely at whether the lower court applied the right legal standards to discrimination, retaliation, wage, or consumer protection claims. For real estate litigation, including construction disputes and title conflicts, we focus on whether the court correctly applied property law, contract provisions, and local regulations that can significantly affect the value and use of commercial and residential property.
Our Philadelphia appeals lawyers handle state and federal appellate work involving:
Our firm has helped clients since 2005 appeal the results of their case for a variety of legal challenges.
We take time at the outset of an appeal to explain the strengths and risks of moving forward, the potential costs, and the realistic range of possible outcomes. By walking through these considerations, we help business owners, professionals, and individuals decide whether pursuing relief in the Pennsylvania appellate courts or the Third Circuit aligns with their goals. This practical approach allows clients to move ahead with greater confidence about the next steps in their case.
Frequently Asked Questions
What Is the Difference Between a Trial and an Appeal?
A trial focuses on presenting evidence, examining witnesses, and deciding what actually happened in a dispute. An appeal is a written and, in some cases, oral argument to a higher court that reviews whether the judge applied the law correctly based on the record created at trial. Appellate courts such as the Pennsylvania Superior Court do not hear new evidence or retry the case, so the issues raised on appeal must be grounded in what already occurred.
How Soon Do I Need to Decide Whether to Appeal?
The deadline to file a notice of appeal is strict and usually measured in days, not months, after the trial court enters a final order or judgment. Because these timelines can differ between the Philadelphia Court of Common Pleas, the federal district court in the Eastern District of Pennsylvania, and courts in New Jersey, it is wise to seek guidance as soon as you receive an adverse decision. Acting quickly preserves options and allows time to review the record and identify viable appellate issues.
Can I Appeal If Another Law Firm Handled My Trial?
It is common for one firm to handle the trial and another to handle the appeal, especially in complex commercial and civil matters. An appellate-focused review can provide a fresh look at the record and may reveal legal issues that were not fully developed earlier. If you are considering an appeal from a case tried in Philadelphia, Bucks, Montgomery, or another nearby county, you can bring your file to appellate counsel to assess the strength of a potential appeal.
Reach out to us online or call (610) 550-8042 to tell us about your situation, free of charge, and learn how we may be able to help.
“I delt with L. Anthony DiJiacomo, III, Esq. who was compassionate and helped resolve an issue in weeks that was ongoing for a few years. I only wish I found him earlier to help get this resolved. Thanks again, Anthony!”
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