Appellate Advocacy

High level appellate advocacy requires sound strategy, crisp writing, and deft argumentation. That is what Hemenway & Barnes provides with its team of experienced appellate litigators.

We are known and respected advocates in the Supreme Judicial Court of Massachusetts and the Massachusetts Appeals Court, and we have prevailed in precedent-setting cases in state and federal appellate courts throughout the country. Our practice includes representation in a wide range of civil appellate issues — both on cases that we have handled since day one and on those referred to us after an earlier proceeding.

Hemenway & Barnes attorneys have prevailed in appellate cases involving the following subject matters:

  • High-stakes business and contractual disputes, including a leading case defining the scope of the covenant of good faith and fair-dealing in Massachusetts;
  • Federal and state constitutional issues involving speech, religion, taxation, and a variety of governmental action;
  • Complex land use and real estate matters;
  • Tax and real estate valuations;
  • Issues uniquely affecting non-profit and religious organizations;
  • State administrative decisions, including those made by the Appellate Tax Board and state licensing authorities. 

Hemenway & Barnes also crafts appellate briefs on behalf of third-parties who are interested in the outcome of an appeal (known as amicus curiae). Well-crafted amicus curiae briefs share a broader perspective with the court, and ensure that the court has the opportunity to consider how its decision will affect stakeholders who are not parties to the case. Our attorneys have drafted and filed such briefs on behalf of prominent non-profit and religious organizations; senior federal and state government officials; and industry and trade associations.

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