Appellate

Overview

Our nationally recognized appellate team has a history of achieving success in high-stakes, high-profile appeals, and many of our matters have shaped the state of appellate law today.

Our team includes multiple former federal circuit court clerks. We handle appeals in jurisdictions in numerous state appellate courts (intermediate and courts of last resort), almost every federal circuit court, and the United States Supreme Court, also encompassing en banc arguments. We also file amicus briefs on significant cases and keep clients apprised on opportunities arising from appellate issues, such as circuit splits.

Trust our experience and command of the courtroom to defend your interests on appeal.

Representative experience

• Secured dismissal with prejudice of $3 billion civil RICO lawsuit filed in the District of Massachusetts; the First Circuit affirmed the trial court’s dismissal
• Secured a U.S. Court of Appeals Fourth Circuit win as lead counsel to twenty Dutch museums in an international dispute
• Secured win in Massachusetts’s highest court for Suburban Home Health Care, a major decision for health care providers doing business in Massachusetts
• Successfully refuted a challenge to our client’s ownership and possession of important artwork; case argued en banc before the Ninth Circuit
• Secured an appellate win for client NY44 Health Benefits Plan Trust and its board of trustees in litigation brought by 15 school districts across New York State; win affirmed an order granting our clients’ partial motion to dismiss and dismissed as moot the plaintiffs’ declaratory judgment claim
• Secured an affirmance on appeal of the dismissal of a complaint against Fidelis Care, a New York State–sponsored health insurance provider, for fraud, breach of contract, and prima facie tort
• In the Delaware Supreme Court, won affirmance of a significant Chancery Court decision of first impression (which we also won) concerning an attempt to substitute an implied covenant of good faith and fair dealing for fiduciary duties waived in a limited liability company agreement
• Successful challenge in the Iowa Supreme Court to legality and constitutionality of a gender-identity-based restriction on Medicaid coverage