An essential part of our trial practice is either upholding favorable rulings from trial courts and administrative agencies, or overturning those decisions where legal error has occurred.
McLane Middleton’s trial lawyers are recognized throughout New England as also accomplished appellate advocates who routinely represent clients in appeals to the New Hampshire Supreme Court and in the United States Court of Appeals for the First Circuit and have successfully argued in the Supreme Judicial Court in Massachusetts, the United States Court of Appeals for the Second Circuit and the Appellate Division for the State of New York.
Two of our lawyers have argued cases in the Supreme Court of the United States.
Our appellate team includes Bruce Felmly and Bill Glahn (Fellows of the American College of Trial Lawyers and each of whom have been recognized for many years in Best Lawyers in America for their appellate advocacy) Mike Delaney (a former New Hampshire Attorney General who has also argued multiple appeals), Mark Rouvalis, Scott Harris, Andrew Botti, Jeremy Walker and Jennifer Parent.
Our appellate work encompasses many substantive areas including appeals in commercial cases, product liability, administrative and constitutional matters, energy, employment, environmental law and medical malpractice.
Recent appellate cases include:
- Trustees of Dartmouth College v. Town of Hanover, et al. __N.H.__ (2018) (awaiting argument). Appeal from Superior Court decision upholding planning board denial of building permit for major college sports facility in a properly zoned athletic complex.
- Appeal of Mary Allen et. al._ N.H._ (May 2018). Successful representation of Antrim Wind Energy, LLC in an appeal challenging the grant of a Certificate of Site and Facility by the New Hampshire Site Evaluation Committee permitting the construction of a wind project.
- Petition for Approval of Gas Infrastructure Project With Algonquin Gas Transmission, LLC_N.H._(May 2018). Successful representation of Eversource Energy d/b/a Public Service Company of New Hampshire in an appeal from an order of the Public Utilities Commission denying the application of PSNH to enter into a contract to purchase gas pipeline capacity from Algonquin. Also argued on behalf of Algonquin.
- Petition of Reddam 170 N. H. 590 ( 2018). Appeal concerning whether the New Hampshire Banking Department had jurisdiction over a corporate officer based on his “control person” status.
- State of New Hampshire v. Actavis Pharma et al. 170 N.H. 211 (2017), cert. denied, __U.S.__(2018). Represented Endo Pharmaceuticals in an appeal challenging the ability of the State to retain contingency fee counsel in an investigation into marketing practices by pharmaceutical companies.