Appellate
Lawyers at Cotten Schmidt & Abbott have actively engaged in appellate matters for decades. That representation has taken
the form of serving clients as lead appellate counsel, as co-counsel with other firms, and assisting trial counsel with
potential appellate issues during trial.
Recently, Cotten Schmidt & Abbott attorneys successfully defended an appeal lodged by multiple claimants against E. I.
du Pont de Nemours & Company in the Louisiana Fifth Circuit Court of Appeal. The plaintiffs, residents of the area
surrounding DuPont’s Pontchartrain Works facility in LaPlace Louisiana, sought damages in Louisiana’s 40th Judicial
District Court for injuries allegedly arising out of a plant discharge and resulting chemical exposure. Although DuPont
stipulated to liability, the trial court ruled that the plaintiffs did not meet their burden of proof with respect to the
issue of damages, dismissed the claims against DuPont, and subsequently denied plaintiffs’ Motion for New Trial.
Plaintiffs appealed the judgment to the Louisiana Fifth Circuit Court of Appeal.
After receiving an extensively briefed response from DuPont to the plaintiffs’ appellate claims, the appellate court did
not entertain oral argument and, based on the briefs alone, affirmed the trial court’s judgment in favor of DuPont.
Whether as lead counsel or co-counsel, Cotten Schmidt & Abbott, L.L.P. has demonstrated its ability to successfully
represent clients on appellate matters. We welcome the opportunity to represent you on such matters, as well.
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