Dan Polsenberg Argues 250th Appeal

Nevada lawyer Dan Polsenberg has reached a landmark by arguing his 250th appellate case, a feat few attorneys have ever accomplished.

"It is an astounding number for a civil lawyer," said Franny Forsman, former Nevada Federal Public Defender, who began working with Polsenberg in Nevada’s first appellate specialty group in 1985. "This number attests to the fact that in Nevada, Dan is the most likely lawyer to be chosen when a civil case goes bad.”

“Dan Polsenberg’s practice is truly exceptional,” stated Dan Waite, the managing partner of Lewis Roca Rothgerber’s Las Vegas office. “He is the attorney that clients want, need and love to have fighting for them when bet-the-company litigation is on appeal.”

A partner at Lewis Roca Rothgerber LLP, Polsenberg has more than 30 years of experience, representing clients in cases ranging from tort to tax and constitutional to commercial law. In addition to issues of public importance, he often handles appeals regarding large awards and punitive damages.

Among Polsenberg’s careers highlights are his successful argument to allow former Nevada Governor Bob Miller to seek a third term in 1994, securing George Foreman’s right to fight for the heavyweight title against Michael Moorer, representing former UNLV coach Jerry Tarkanian in his battle against the NCAA and serving as lead appellate counsel for pharmaceutical companies  and, later, HMOs in cases arising from the Hepatitis C outbreak among Las Vegas endoscopy clinics.

“Dan sees appellate practice as one requiring special expertise,” remarked Forsman. “And he has devoted himself to that specialty since his first years as a lawyer."

Polsenberg’s milestone argument involved a contract dispute between two mining companies over royalties arising out of the Carlin Trend, the largest gold producing district in the United States. In that case, the U.S. Ninth Circuit Court of Appeals presented questions to the Supreme Court of Nevada about the “rule against perpetuities,” a complex common-law rule taught in law schools but seldom encountered in the modern commercial transactions.

Former president of the State Bar of Nevada, Polsenberg was the first Nevadan named a fellow of the prestigious American Academy of Appellate Lawyers.

Mountain States Super Lawyers ranked Polsenberg as the top lawyer in its 2013 edition, and as the top lawyer in Nevada in its 2014 edition. Polsenberg is also listed in The Best Lawyers in America©, by Woodward/White, Aiken, S.C.