Massey & Gail has a wide range of experience in constitutional litigation. Our team includes attorneys who served for decades in federal and state government, with a ride range of expertise in nearly every conceivable constitutional issue. For example, we represented Vice President Al Gore in the 2000 Presidential election recount litigation, homeless vets claiming violations of their rights to government benefits, school children asserting rights to educational equality, and prison inmates asserting Free Exercise claims against grooming restrictions.
Our constitutional advocacy also extends beyond conventional civil rights claims. Our firm’s attorneys have litigated the Supreme Court’s constitutional punitive damages jurisprudence for over 30 years, including both trial-court and appellate review of awards. We also have successfully developed sophisticated constitutional arguments for our commercial clients, allowing them to vindicate their fundamental rights to free speech, due process, and property rights. For example, we have advocated for:
- commercial clients facing administrative schemes that deny due process by depriving targets of agency adjudications prior notice and a meaningful opportunity to be heard;
- real estate developers facing confiscatory zoning rules and constitutionally inadequate compensation under inverse condemnation procedures;
- investment funds, regulated public utilities, and telecommunications companies facing unconstitutional limits on their speech and marketing activities;
- commercial clients facing excessive statutory damages in copyright and similar contexts, where the aggregation of penalties can potentially reach draconian amounts; and
- websites facing assertions of personal jurisdiction by state courts solely on the basis that they are accessible from the forum state via the Internet.