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 law0, labor and employment, 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, the Pennsylvania Supreme Court, the Pennsylvania Superior Court, and the Pennsylvania Commonwealth Court.

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 includes:

  • 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.
  • 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.

Mark L. Freed

Mr. Freed has argued numerous cases before the Third Circuit Court of Appeals, the Pennsylvania Supreme Court (including its King’s Bench jurisdiction), the Commonwealth Court of Pennsylvania and the Superior Court of Pennsylvania.  Cases successfully argued by Mr. Freed include:

  • Vindicating the First Amendment Rights of a non-profit organization to petition the government in opposition to an environmental project
  • Defending the Commonwealth of Pennsylvania against claims that its environmental programs violated the United States Constitution