Appellate Practice Group

Kevin Murtagh and Glenn A. Kaminska are the co-chairs of ADM's Appellate Practice Group. ADM handles appeals throughout New York and New Jersey, including the New York State Court of Appeals, Second Circuit Court of Appeals and New Jersey Supreme Court. ADM has briefed and argued appeals on a myriad of issues ranging from contracts, insurance law, indemnification issues, general negligence principles to Federal statutes, including the IDEA, ADA, and ADEA.

ADM's Appellate Group not only handles appeals that originate within ADM, but members of the group have been retained to write and argue appeals for other law firms, insurance carriers and businesses.

Precedent-setting decisions have included Toefer v. Long Island R.R., 4 N.Y.3d 399 (2005) (Labor Law § 240), Bower Assoc. v. Town of Pleasant Valley, 2 N.Y.3d 617 (2004) (property rights and 42 USC § 1983), Pecker Iron Works v. Travelers Ins. Co., 99 N.Y.2d 391 (2003) (insurance coverage), Itri Brick & Concrete Corp. v. Aetna Cas.& Sur. Co., 89 N.Y.2d 786 (1997) (contractual indemnity), Smith v. Shell Oil Co., 85 N.Y.2d 1000 (1995) (Labor Law § 240), Maddox v. City of New York, 66 N.Y.2d 270 (1985) (assumption of risk), Walczak v. Florida Union Free Sch. Dist., 142 F.3d 119 (2nd Cir. 1998) (application of the IDEA), and Landscape Forms, Inc. v. Columbia Cascade Co., 113 F.3d 373 (2nd Cir. 1997) (tradedress).

ADM's Appellate Group also works closely with ADM's trial attorneys throughout the course of litigation. This collaboration allows the attorneys to come together and identify the immediate legal issues that affect the case as well as those that may develop during the litigation. With this coordination, ADM is able to present a focused and effective case to the court.