transactions

  • The Viridian
  • 200-residential unit development, Boston, MA
  • Advanced Engineered Products, Inc.
  • Asset sale to Curtiss Wright Flow Control Services Corporation
  • Abbey Landmark
  • Sale of The Landmark Center, Boston, MA

Appellate Group

Overview

Posternak appellate attorneys serve as appellate advocates for our clients before administrative and government tribunals and in state and federal appellate courts in Massachusetts.  We prosecute and defend appeals in all fields of law in which we practice, including contracts, real estate, environmental law, unfair business practices, employment relationships, securities transactions, health care, bankruptcy, civil rights, land use planning and professional liability defense.  We have an established track record in all types of appeals at all levels and in petitions to single justices in the Appeals and Supreme Judicial Courts.  Our lawyers are skilled appellate advocates, highly experienced in the technicalities of appellate practice and procedure and in appellate case presentation, including brief writing and oral advocacy.

Our attorneys are also skilled in negotiating settlements in appellate cases, including advocating for our clients at appellate mediations.  We are on the look out for settlement opportunities whenever an alternative to a full-blown appeal can more efficiently and cost-effectively resolve a dispute.

Representative Cases

  • We represent a small business owner who appealed a land court determination of no standing regarding a zoning challenge to an abutting project.  This appeal was very recently argued and is currently pending in the Massachusetts Appeals Court.
  • We represent trustees and executors of the estate of a prominent individual against a challenge by his second wife regarding a claim to trust and probate assets.  We won summary judgment in the court below and defended the appeal, recently argued before the Massachusetts Appeals Court.
  • We represent the estate of one of the plaintiffs in this multi-plaintiff litigation against the FBI for withholding exculpatory evidence leading to criminal convictions of the plaintiffs for a murder they did not commit.  The District Court awarded substantial damages to all of the plaintiffs, including $28 million to our client.  On appeal, we succeeded in convincing the First Circuit to affirm the judgment.  The case is currently under consideration by the Solicitor General for a petition for certiorari review by the United States Supreme Court.
  • Successfully prosecuted an appeal to a single justice in a case where the client had been unlawfully sued, a fact that the single justice recognized paving the way for dismissal of the lawsuit and an award of our firm’s attorney’s fees.
  • Successfully represented a shopping center developer in a Superior Court appeal brought by an abutter whose challenge to our client’s special permit was actually funded by a competitor of our client.  Our aggressive action in defending the zoning appeal led to its prompt dismissal. 
  •  Successfully defended an appeal of a judgment dismissing five complaints against county commissioner and a county treasurer in a case in which the plaintiffs, former county employees, were claiming back pay and reinstatement as a result an allegedly unlawful reduction in force.  Our appellate work resulted in prompt and final dismissal of the five complaints.
  • Successfully settled an appeal in progress where the client was denied building permits for five single-family homes and, after successful litigation in the land court, during the appeal we negotiated a settlement, which, in effect, gave our client the building permits sought through the litigation.
  • Successfully procured the reversal of a judge’s award of damages, which unfairly double counted damages against our client who was sued in a dispute over ownership of a racing horse. 

Related Services Areas

Professionals

Catherine Savoie

Partner617.973.6274 fax 617.722.4951csavoie@pbl.com

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