Appellate Practice
Contact: Susan J. Baronoff
Contact: Michael J. Donnelly
The appellate lawyers at Murtha Cullina practice in the state and federal appeals courts at all levels up to the Massachusetts, Connecticut, New York and United States Supreme Courts. Many of our lawyers have served as judicial clerks to state and federal appeals judges, bringing us a wealth of experience that allows us to deal efficiently with the procedural complexities of these demanding cases. Appeals experience is essential, whether the client has prevailed below and seeks to protect that victory or has not prevailed and seeks a second look at a difficult issue. While many of our appeals arise from cases we have tried, our clients also come to us from outside, looking for the experience that comes from years of regular practice.
Our appellate lawyers have taken or defended appeals that have led to a number of landmark rulings. From the Connecticut Supreme Court we have obtained decisions that revamped the way choice of law decisions are made, established that federal law preempts third-party state law appeals of certain cable television administrative rulings, and defined a fiduciary's duty to make timely application for Medicaid benefits on behalf of his ward. One of our Second Circuit cases resolved important antitrust and constitutional issues involved in operating a statewide trash-to-energy system. In Massachusetts, we have handled a number of cases in the Supreme Judicial Court, the Appeals Court, and the First Circuit that have helped define the relationship of attorneys with their clients and each other. Our Massachusetts appeals have also resulted in rulings clarifying the reach of Chapter 93B (which regulates business practices involving motor vehicles) and the procedures for litigating claims against estates. In addition, our experience has allowed us to appeal successfully in circumstances where appeals are not normally permitted and to expedite appeals when advantageous.
