Appellate Law

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Curtin & Heefner LLP’s Appellate Law practice group represents clients in appeals before federal and state appellate courts.

We handle appeals in a range of legal matters, including: tort litigation, personal injury, property damage, bad faith, insurance coverage, disability law, contract disputes, commercial litigation, creditors’ rights, banking, municipal law matters, labor and employment matters, environmental cases, real estate and land use disputes.

In addition to handling all aspects of appeals, our appellate lawyers can assist trial counsel during trial court proceedings to help preserve issues and to establish a record that will be necessary for consideration of the case on appeal. We are available to serve as lead appellate counsel or as co-counsel to assist attorneys who have handled earlier stages of the litigation.

Our appellate lawyers have appeared before the United States Court of Appeals for the Third Circuit, the Pennsylvania Supreme Court, the Pennsylvania Superior Court, the Pennsylvania Commonwealth Court and the United States Air Force Court of Military Review.

Allan D. Goulding, Jr.

Mr. Goulding is principal appellate counsel for Curtin & Heefner’s Litigation practice group. He has an established track record of working with trial counsel, clients and their management team to examine the trial record, identify key appellate issues, and present concise, persuasive briefs and oral arguments. His more than twenty-five years of experience in appellate matters includes practice before the Pennsylvania Supreme, Superior and Commonwealth Courts and the Third Circuit Court of Appeals.

Recent appellate law successes include:

  • Prevailing in a case of first impression before the PA Supreme Court involving the interpretation of the Financial Responsibility Law and coordinating benefits with disability plans. This case established a statewide precedent that potentially impacts any claim for benefits under an automobile policy.
  • Successfully defended a school district in a case heard by the PA Supreme Court that established that school districts statewide may hire construction managers under a professional contract not subject to the low bid process mandated by the PA School Code.
  • In a case of first impression argued before the United States Court of Appeals for the Third Circuit, established the principle that disability carriers must provide an assessment for own occupation/any occupation if issue presented at same time.
  • On an appeal to the United States Court of Appeals for the Third Circuit, successfully obtained a new trial by establishing the trial court erred when interpreting the law applicable to a key provision of the insurance policy.
  • After prevailing at a bench trial before the United States District Court, Middle District of Pennsylvania, successfully preserved the decision argued before the Third Circuit in a case involving matters of estoppel, statutory interpretation, policy interpretation and bad faith.

Jordan B. Yeager

Mr. Yeager frequently serves as lead counsel in appellate matters, arguing cases before the United States Court of Appeals, the Pennsylvania Supreme Court, Commonwealth Court of Pennsylvania and the Superior Court of Pennsylvania.

A respected and articulate advocate, Mr. Yeager’s appellate court success include:

  • Obtained a landmark ruling from the PA Supreme Court striking down as unconstitutional portions of Act 13 of 2012, a state law that prevented municipalities from utilizing their zoning authority over gas drilling activities.  The Supreme Court’s ruling, adopting Mr. Yeager’s arguments, has been widely recognized as a landmark decision which revitalized the state constitution’s Environmental Rights Amendment and ushered in a new era of environmental jurisprudence.
  • On behalf of a municipal client, obtained a Commonwealth Court ruling rejecting a Zoning Hearing Board decision that had invalidated decades-old zoning ordinances that were challenged on procedural grounds.
  • Prevailed in upholding a municipality’s zoning ordinance regulating gas drilling.
  • Obtained a favorable ruling from the Third Circuit Court of Appeals, overturning a summary judgment decision involving qualified immunity doctrine.
  • In a Third Circuit case that has been cited over 1,400 times, obtained a landmark ruling that overturned summary judgment on the state-created danger theory.

Mr. Yeager is also Chair of Curtin & Heefner’s Environmental and Public Sector practice group and is a member of the firm’s Employment and Labor practice group.