When you receive an unfavorable ruling in a commercial litigation case, you will likely be wondering what options you have left or if you are stuck with the decision of the court. If you disagree with the ruling of the court, you are entitled to appeal the decision at least once.
A commercial litigation attorney can help you decide on the best course of action. They can advise you on the odds of receiving a different verdict from a higher court. That way, you will be able to make an informed decision about whether to continue to pursue a better outcome or cut your losses and accept the ruling.
You Can Appeal at Least Once
If you are unsatisfied with the verdict of your commercial litigation case, you have the right to appeal the decision to a higher court at least once. You can make this appeal regardless of whether you were the plaintiff or the defendant in the case.
If you are still unsatisfied with the ruling by the court of appeals, you can attempt to appeal your case further. However, there is no guarantee that a higher court will agree to hear your case. If your appeals are granted, it is possible that you will be able to appeal your case all the way up to the United States Supreme Court.
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How to Appeal a Commercial Litigation Ruling
When dealing with any form of commercial litigation, you have the option of appealing the initial ruling of the court. To file an appeal, you will need to submit a request to appeal before time runs out. In general, those seeking to appeal a ruling by the court will have 30 days from the date the judge signs the final judgment to file a notice of appeal.
Your case will be considered closed if you do not file within this timeframe. To avoid any potential deadline issues, it is best to get started with your appeal as soon as possible after the conclusion of your case.
What Is Considered During an Appeal?
Generally, an appellate court is not going to overturn the ruling of a lower court by making its own judgment on the facts presented in the case and rejecting the interpretation of these facts as made by the judge or jury in a lower court.
Instead, the appeals process asks that the appellate court consider procedural decisions made by the lower court to determine if there were any errors. These errors can be in the form of evidence that was considered, which should have never been admitted, an incorrect interpretation of the law, or wrong instructions given to the jury.
If your attorney can prove that there was something wrong with the way your case was handled, you might be able to get the original ruling overturned.
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Should I File an Appeal of My Commercial Litigation Case?
One of the most important things to consider when deciding whether or not to file an appeal of your commercial litigation case is the cost. While getting a favorable result from your case may cover any additional costs you will incur by pursuing an appeal. If your appeal is unsuccessful, your financial situation will become even more challenging.
You must also consider the fact that you might not be looking at a single appeal. If the court of appeals affirms the ruling of the lower court, you may wish to appeal the case further if allowed. The cost of multiple appeals can add up quickly.
If the initial ruling on your case is unfavorable, you should talk to your commercial litigation lawyer about your options before moving forward with an appeal. Your attorney will be able to advise you about the likelihood of an appeal yielding a different outcome.
Negotiating a Settlement After a Judgment
Depending on your financial situation and the odds of winning your appeal, you might be better off not filing an appeal. However, you could potentially leverage the possibility of an appeal into getting a better settlement deal from the opposing party than what was decided in court. After all, an appeal will cost them time and money as well.
While any deal you work out at this point will still be more favored towards the other party, you can still potentially reach a deal that is far better than the one handed down by the court.
