Appeals

Ms. Cahill is admitted to practice before the Second Circuit Court of Appeals, has argued before that Court, has twice been appointed to the pro bono Criminal Justice Act panel for the Court, and seen her appellate brief writing characterized as “outstanding” in a published decision from the Court (United States v. Crispo, 306 F.3d 71, 78 (2d Cir. 2002)). 

Appellate victories include: 

• In a case of first impression in the thorny choice-of-law arena, the Second Circuit reversed, agreeing with her client that a bankruptcy court confronted with a pre-bankruptcy-filing claim must apply choice-of-law rules of the state where the claim was filed, not the state where the bankruptcy court sits (In re Coudert Bros. LLP, 673 F.3d 180 (2d Cir. 2012)).
• Identified and successfully moved to dismiss a Second Circuit appeal based on a deficiency in a notice of appeal filing.
• In a high profile corporate fraud case dubbed “the Enron of Kansas,” identified and argued pretrial, during trial and post-trial a defense based on a relatively obscure U.S. Supreme Court decision (United States v. Parr, 363 U.S. 370 (1960)).   Ms. Cahill laid a record which the former Solicitor General, Seth Waxman, was able to wield in a successful appeal of each count of conviction.  United States v. Lake, 472 F.3d 1247 (10th Cir. 2007).