FAQs Archive

Q: Who Can Make an Appeal?

In civil cases, either party may make an appeal after trial. This means that a personal injury lawsuit or other civil cases could be appealed by whoever loses in trial court. The party that files the appeal is called the appellant or petitioner, and the other party is referred to as the appellee or respondent.

Q: Is Appellate Court the Same as Trial Court?

No, the proceedings of an appeal are quite different from what happens at trial. In appellate court, no new evidence is presented, nor are there any witnesses. Instead, the appellate court is responsible for reviewing all the records of the lower court to determine if the evidence supports the outcome or decision of the case and that the relevant laws were applied (and done so correctly).

Q: Why Do I Need an Appellate Attorney?

Appellate law is complex, and the higher court’s role and review differs greatly from what happens in trial court. If you’re unhappy with the outcome of a case, an appellate litigation attorney demonstrates why the ruling of a lower court should be upheld, overturned, or remanded back to trial with a new focus or direction.

Q: What Is Appellate Court?

Appellate court refers to a higher court where an appeal can be made. The appellate court reviews the records and rulings or decisions of the lower court to determine whether the relevant laws of the case were applied correctly and if the evidence reflects the outcome.

Q: Is There a Statute of Limitations for Filing a Qui Tam Lawsuit?

According to the False Claims Act, a lawsuit must be filed within the latter of these two periods: six years from the Act violation date or three years after the government becomes aware of the violation, with the maximum being ten years after the Act violation. The “first to file” principle underscores the importance of promptly filing a qui tam lawsuit, as only the initial filer qualifies for a reward, irrespective of the lawsuit’s adherence to the statute of limitations.

Q: What Is a Whistleblower Lawsuit?

A whistleblower lawsuit, also known as a qui tam lawsuit, is a legal action filed by an individual (the whistleblower) who has inside knowledge of fraudulent activities, often within a healthcare organization. Whistleblowers file these lawsuits on behalf of the government to help recover funds lost due to fraud.