Appeals and Constitutional Litigation

With complex constitutional, statutory, regulatory, and common law issues often determining the outcome of a case, an appeal of a lower court decision presents both opportunities and challenges for many clients. Clements & Pineault combines an unusual depth of experience with creativity in its approach to appellate and constitutional litigation. The firm’s attorneys have handled numerous appeals and constitutional challenges in both state and federal courts, including:

Representation of free speech organization and consortium of business groups defending constitutionality of Montana Corrupt Practices Act before U.S. Supreme Court and asking the Court to revisit and overturn its Citizens United decision;

Representation of the United States on appeal to the First Circuit in case challenging and defining the scope of the so-called honest services fraud statute;

Representation of major Massachusetts employer in an appeal raising complex pension and vacation pay issues of first impression;

Representation of employers in numerous appeals to the First Circuit involving discrimination, wrongful discharge, tort and other employment-related claims;

Numerous appeals involving challenges to criminal fraud convictions, the interpretation and application of the United States Sentencing Guidelines, and constitutional issues relating to criminal sentences;

Defense of municipality in federal court constitutional challenge to minimum acreage zoning requirements;

Defense of municipality and its officers in state and federal court cases raising constitutional challenge to removal of members of zoning board of appeals;

First Amendment defense of major publication and author in federal district court defamation action;