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Massey & Gail

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“…mastered the technical details and managed a complex Delaware law dispute with confidence and care, providing strong advocacy, great coordination with experts, and practical advice in an important matter for our firm.”
William Huffman
Chief Executive Officer, Nuveen

Highly unusual for any firm, but particularly unique for a litigation boutique, Massey & Gail maintains a robust appellate practice that not only augments our other trial-level work but stands alone for appeals in which other law firms have handled lower court proceedings. Led by founding partner and former U.S. Supreme Court clerk, Jonathan Massey, our lawyers have handled appeals in jurisdictions around the country—from the U.S. Supreme Court to every federal circuit and state appellate court across the country, from Hawaii to Delaware.

This vast experience, encompassing virtually every substantive and procedural area of civil law, gives us a remarkable capacity to craft arguments based on fixed records that resonate with appellate courts. Frequently, we are asked to handle appeals that involve novel questions of first impression or other atypical issues in which the courts are effectively breaking new ground. Clients know that, whether in the brief-writing phase or at oral argument, their appeal stands the best chance of success because of Massey & Gail’s meticulous attention to every factual and legal detail.

Representative Matters

Healthcare Distribution Alliance

Representing Healthcare Distribution Alliance in an industry-defining case challenging a state drug pricing law under the dormant Commerce Clause in the U.S. Court of Appeals for the Second Circuit and the U.S. District Court for the District of Connecticut.

Foreign Agricultural Workers

Representing foreign agricultural workers in appellate proceedings before the Supreme Court of Hawaii involving claims of pesticide-related toxic exposure and issues concerning the sufficiency of circumstantial evidence to establish causation.

Academic Center and Nonprofit Organization

Representing an academic center and nonprofit organization in appellate proceedings before the U.S. Court of Appeals for the Eighth Circuit, arising from the 23andMe bankruptcy sale, addressing the treatment of genetic data in bankruptcy.

Talc Claimants

Represented the Official Committee of Talc Claimants in the LTL Management bankruptcy proceedings before the U.S. Court of Appeals for the Third Circuit involving Johnson & Johnson’s “Texas Two-Step” restructuring strategy and the attempted use of bankruptcy to resolve mass tort liabilities; secured two appellate decisions dismissing the bankruptcy filings.

JPMorgan Chase Bank

Represented JPMorgan Chase Bank, N.A. in litigation in the U.S. Court of Appeals for the Ninth Circuit involving aiding and abetting breach of fiduciary duty.

Fortune 10 Retail Company

Represented a Fortune 10 retail company in U.S. Courts of Appeals around the country, asserting consumer fraud claims over sales taxation of merchandise; obtained affirmance of the dismissal.

Illinois Department of Insurance

Represented the Illinois Department of Insurance, as liquidator of Land of Lincoln Insurance Company, in U.S. Supreme Court and related litigation involving approximately $127 million in unpaid ACA risk-corridor funds and CMS creditor claims; helped secure a victory as part of a broader $12 billion recovery for insurers.

Metropolis

Representing Metropolis, a parking technology company, in multi-state class action litigation, including on appeal before the U.S. Court of Appeals for the Fifth Circuit, involving alleged consumer privacy violations; in dispositive motion practice.

Constitutional Law Scholars

Represented constitutional law scholars in U.S. Supreme Court amicus briefing in Ramos v. Louisiana involving the constitutionality of non-unanimous jury verdicts in state criminal trials.

Borgato Hotel & Casino

Represented Borgato Hotel & Casino in the U.S. Court of Appeals for the Third Circuit in a $10.1 million contract dispute involving disputed gambling winnings; secured affirmance of the judgment in the client’s favor.

Local Appliance Relators

Represented local appliance relators in a multimillion-dollar qui tam action in Illinois Court of Appeals against a national home improvement retailer involving alleged failures to collect and remit sales tax in connection with appliance installation services; defeated summary judgment and awaiting trial.

Energy Company

Represented an energy company and helped secure an unprecedented U.S. Supreme Court victory by blocking a major federal rule before appellate review – a monumental first of its kind emergency stay.