Commercial Appeals

Commercial appellate practice encompasses a very wide range of sub-topics, all of which tend to be the type of appeals stemming from business disputes or disputes regarding particular transactions.

The single most basic form of litigation, and appeal, in this area, involves contract law. Disputes over the formation, interpretation and execution of contracts arise whenever one party believes it has not received the full benefit of the bargain it struck. Scharf Appellate Group has handled contract appeals involving almost every type of contract issue — from the most basic assertions of breach to complex questions involving the interpretation of thousand-page plus inter-corporate, international compacts. Additionally, the Group has been involved in contract appeals involving a wide range of industries, including resort/hotel development, construction, land-acquisition, airlines, and insurance, to name a few.

Another facet of commercial law appeals that the Group has experience in is real estate appeals. Although real estate involves basic contract law, there are also special considerations — often the result of the fact that many transactions are completed using standardized contracts published by state real estate boards. Also, because most jurisdictions deem land to be unique, contracts for real estate and real estate litigation carry with them several specialized legal remedies. In particular, plaintiffs seeking to enforce real estate contracts can often seek specific performance — essentially an order from a court forcing a resisting counter-party to complete a transaction and sell real estate. Specific performance is what is known as an equitable remedy, meaning it is generally ruled on by a judge instead of a jury. Equitable remedies also carry myriad other specialized limitations — many the product of centuries of American and even British legal history. The Group has particularized experience and expertise with equitable remedies in the appellate context.