Practice Areas

No matter the result in the trial court, many disputes are decided at the appellate level.  Often, the counsel you retain will make or break your chance of success on appeal because getting the right result requires specific appellate skills.  These include: insightful analysis of the issues; thorough research of the law; careful review of the factual record; persuasive brief writing; cogent oral argument; and knowledge of the rules.  McDonald Carano’s appellate team has the abilities in each of these areas to place it among the most experienced and qualified in Nevada.

McDonald Carano handles appeals – simple to complex – at all levels of appellate court and administrative agency review.  Our success spans the Nevada Supreme Court, California’s Court of Appeals and the Federal Court of Appeal, in particular the Ninth Circuit.  McDonald Carano played an instrumental role in the formation of Nevada’s Court of Appeals and the concurrent overhaul of the Nevada Rules of Appellate Procedure.  Our attorneys also served as lead editor and chapter authors for the Nevada Appellate Practice Manual (2018 ed.).

The practice of appellate law demands intellectual acuity and discipline to develop precision briefs and compelling arguments. Our appellate team consistently delivers the exceptional writing, analytical acumen and oral advocacy skills needed to present our clients’ position in the most persuasive way possible. We also use our extensive and collective experience as judicial law clerks in the Nevada Supreme Court, the Ninth Circuit Court of Appeals, and other state and federal courts to develop appellate strategy and provide the highest caliber representation.

Our services include:

  • APPEALS: We handle all aspects of appeals, starting from post-judgment motion practice in the trial court through issuance of the appellate court mandate and at every step in between;
  • WRIT PETITIONS: We draft, argue and defend petitions that seek immediate writ relief from pre-judgment trial court errors;
  • TRIAL COURT SUPPORT: We provide strategic support and analysis in the trial court by reviewing motions, jury instructions and proposed court orders to ensure that a proper record is made and issues are effectively preserved for future appeal;
  • COACHING: We assist other counsel in the appeal process, including consulting on appeal strategy, providing input on briefs and conducting moot court sessions to prepare for oral argument;
  • AMICUS REPRESENTATION: We identify pending cases with major policy implications, assemble amicus coalitions, draft amicus curiae briefs and present oral argument on highly relevant topics that have the potential to alter the legal landscape;
  • ADMINISTRATIVE APPEALS: We represent clients in proceedings before regulatory agencies, municipal and county governing entities, professional disciplinary boards and in the judicial review process that may follow.

Practice Area News

Supreme Court Overrules Precedent Regarding Appeals From Consolidated Cases

February 1, 2019, The Writ, “Appellate Briefs” For nearly thirty years, the rule in Nevada has been that cases consolidated by a district court become a single case for all appellate purposes. …

The Increasing Californication of Nevada’s Anti-Slapp Jurisprudence

January 1, 2019, The Writ, “Appellate Briefs” In 2015, the Nevada legislature amended Nevada’s anti-SLAPP statute to require that the “plaintiff must meet the same burden of proof that a plaintiff has been required to meet pursuant…

Supreme Court Considers Rule Change to Eliminate Briefing in Appeals from Dismissals and Summary Judgment Orders

December 1, 2018, The Writ, Appellate Briefs On October 10, 2018, the Nevada Supreme Court issued an order seeking public comment on proposed changes to Nevada Rules of Appellate Procedure that could…

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