Appeals

Appellate practice is a distinct discipline that often involves nuanced questions of law and requires sophisticated counsel. Our attorneys have clerked with the Massachusetts Supreme Judicial Court and the United States Court of Appeals for the Second Circuit and have experience and insight into the appellate process and what it takes to preserve and present the best possible arguments to undo an unfavorable judgment or to preserve a hard-fought victory. We have handled numerous appeals in state and federal courts on behalf of existing clients, clients who have come to us for the first time to handle their appeal, and clients seeking to participate in appeals as “friends of the court” in the filing of amicus curiae briefs.

Successful outcomes for our appeals clients include:

Won Appeals Court judgment vacating Superior Court judgment failing to award breach of contract damages to client and remanding for further proceedings.
Won Appeals Court affirmation of Land Court judgment awarding sole right, title and interest in private way to client under adverse possession and abandonment theories.
Prevailed at Massachusetts Supreme Judicial Court for national developer of continuing care retirement communities in disputes over its Chapter 40B comprehensive permit.
Won appeal for Massachusetts metals corporation in shareholder dispute over control of the business.

Successfully defended MassDevelopment at Massachusetts Appeals Court in groundbreaking decision insulating Chapter 40B project eligibility letters from most judicial challenges.

Represented MassHousing and multiple affordable housing organizations in appeals concerning the scope and regulatory administration of Chapter 40B.
At Massachusetts Appeals Court, successfully defended zoning permit for Massachusetts college's athletic field lights authorized by the state’s Dover Amendment.
Successfully defended housing developer’s active adult community project in Marshfield from challenges brought by abutters in the Massachusetts appellate courts.