Contract lawyers meeting with client about an appeal

When & Why You Should Pursue an Appeal

David H. Schwartz, INC Oct. 23, 2023

Disputes are inevitable in the business world. Whether it's a disagreement over a contract, a shareholder dispute, or an issue with intellectual property rights, these disagreements can escalate into complex legal battles. At times, the outcome in the trial court may not be favorable, and the question arises: should you pursue a business dispute appeal? This post aims to shed light on when and why you might consider this path.

When it comes to business dispute appeals, having an experienced attorney by your side is crucial. As a seasoned business litigation attorney with over 45 years of experience in the San Francisco Bay Area, David H. Schwartz is ready to help. Whether you're dealing with securities, trade secrets, trademark litigation, or contract disputes, Attorney Schwartz’s focus on dispute appeals ensures that your rights are protected and your assets secured.

You have worked tirelessly to get to where you are today. Ultimately, you and your business deserve to team up with a law firm that works just as hard, a law firm that offers a hands-on approach and a focus on client success. Reach out to Law Offices of David H. Schwartz, INC for guidance in navigating your business through the intricate world of legal disputes and appeals. The firm proudly serves clients in and around San Francisco, San Jose, Santa Clara, San Mateo, Alameda County, Oakland, and the rest of California. 

Understanding Business Dispute Appeals 

In essence, a business dispute appeal involves seeking a higher court's review of a trial court's decision. This process is not about presenting new evidence or ‘retrying’ the case; it's about addressing legal errors that could have significantly impacted the trial court's decision. The appellate court examines the record from the trial court and determines whether the law was applied correctly. 

When to Pursue a Business Dispute Appeal 

Deciding to appeal a business dispute decision is not a decision to be taken lightly. It should be considered if there is a strong belief that the trial court made a significant error in its interpretation or application of the law. This error must have had a substantial impact on the outcome of the case.

For instance, if the trial court misinterpreted a key piece of legislation, disregarded critical evidence, or applied an incorrect legal standard, an appeal could potentially reverse the decision. However, it's important to note that appeals should not be pursued merely as a reaction to an unfavorable outcome. The appeal must have a solid legal basis. 

Why Pursue a Business Dispute Appeal? 

The primary reason to pursue a business dispute appeal is to correct a legal mistake that has negatively affected your case's outcome. An appeal provides an opportunity to ensure that the legal process has been fair and just.

An appeal can also serve as a strategic tool. For example, a successful appeal can potentially result in a more favorable settlement offer from the opposing party. Moreover, precedent-setting decisions from appellate courts can significantly impact future cases, providing a strategic advantage in similar disputes. 

Rely on Experienced Representation 

Navigating business dispute appeals requires a deep understanding of the law and a strategic approach at every phase. It's crucial to have an experienced attorney who can guide you through this process and advocate for your rights.

At Law Offices of David H. Schwartz, INC, you can trust an attorney who has a track record of successfully handling complex business dispute appeals. With over 45 years of experience, Attorney Schwartz understands the nuances of business litigation and the appellate process. He is committed to providing his clients with high-quality representation, solid legal solutions, and a path toward justice. Contact the firm today to set up a consultation.