Businesses and government bodies in and around Lexington and Louisville often have a lot riding on their court cases.
An unfavorable outcome in litigation can cost a Kentucky business a lot of money. In the most serious cases, the economic fallout can cripple a business.
Furthermore, court decisions that break against a business’s interests can have a long-term ripple effect. Other courts may follow the same course of action.
On a related point, sometimes decisions involve court orders or decisions that make it hard for a business to continue operating at a profit.
Losing a significant case can be very disappointing and concerning, but business and government leadership should remember that they do have options.
One option is for a business to appeal the unfavorable decision.
Appeals are not do-overs. The judges hearing an appeal will not have another trial of the same case or second-guess what a court or jury felt about the evidence.
However, the judges will make sure that the trial court applied the law correctly.
It will also examine the case to make sure that the judge’s decisions, like what evidence to allow, followed Kentucky law.
If the court finds that the trial judge made a mistake, they may change the court’s decision altogether or instruct the judge to re-do a trial or hear further evidence.
Still, a successful appeal can give a business a chance to avoid what could be a disastrous court decision and have a second chance to advocate for their legal interests.
Even the threat of an appeal may at least allow a business to negotiate for a better outcome in their case.
Appeals are complicated legal matters which require experience and knowledge
Whether a business or government should appeal a decision will depend on both their goals and the circumstances of their cases.
If they do decide to go forward with an appeal, organization leaders should understand that pursuing an appeal requires following many rules, including critical deadlines. Moreover, there is a certain art to writing an effective appeal which requires considerable legal knowledge and experience.