Appellate Practice Group

Our Appellate Practice Group has demonstrated success in significant appeals in state and federal courts. A dozen of our attorneys have served as law clerks in the First, Second and Third Circuit Courts of Appeals, the Supreme Judicial Court and the Massachusetts Appeals Court as well as in federal District Court. Our extensive appellate experience helps us to assure the highest quality of work in the trial courts. We are familiar with the unusual features of Massachusetts appellate practice, including direct and further appellate review, petitions for rehearing, and interlocutory appeals in the single justice sessions of the Massachusetts Appeals Court and the Supreme Judicial Court. We recognize the value of amicus briefs in appeals that raise novel issues, and work with our clients to identify and invite the participation of potential amici in appropriate cases.

Recent Appeals

Petricca v. PricewaterhouseCoopers, LLP, 71 Mass. App. Ct. 1124 (2008) (Rule 1.28 Memorandum and Order) (affirming summary judgment for BR&G's client PricewaterhouseCoopers on professional malpractice claim based on statute of limitations)
Vranos v. Franklin Medical Ctr., 448 Mass. 425 (2007) (BR&G's client Baystate Franklin Medical Center obtained reversal on its interlocutory appeal of a discovery order; the SJC ruled that materials related to physician disciplinary proceeding were not discoverable based on medical peer review privilege)
Pellegrino v. Springfield Parking Auth., 69 Mass. App. Ct. 94, rev. den., 449 Mass. 1109 (2007) (affirming summary judgment for BR&G's client Springfield Parking Authority on its right to terminate an employment contract that authorized an individual to collect salary and retirement benefits simultaneously)
Lambert v. Fleet Nat'l Bank, 449 Mass. 119 (2007), same case, 65 Mass. App. Ct. 1121 (2006) (summary judgment for BR&G's client Fleet National Bank affirmed by the Appeals Court and the SJC on further appellate review because indefinite oral representations did not constitute an enforceable oral promise to renew a loan, nor did borrower prove unfair business practice by the bank)
Balsbaugh v. Fidelity Brokerage Servs., 69 Mass. App. Ct. 1104 (2007) (Rule 1.28 Memorandum and Order) (affirming dismissal of check fraud claims against BR&G's client Fidelity Brokerage Services based on allowance of motion in limine establishing that plaintiff had no cognizable damages)
Morris v. Unum Life Ins. Co. of America, 66 Mass. App. Ct. 716, rev. denied, 447 Mass. 1109 (2006) (affirming summary judgment for BR&G's client Unum Life Insurance Company of America on breach of contract and tort claims related to the insurer's denial of benefits under an exclusion in an individual disability policy)
Bromberg v. Fleet Nat'l Bank, 63 Mass. App. Ct. 1118 (2005) (Rule 1:28 memorandum and Order) (affirming summary judgment for BR&G's client Fleet National Bank on claims of fraud, misrepresentation, breach of contract and Chapter 93A)
Chief Justice for Admin. and Management of the Trial Court v. Massachusetts Comm'n Against Discrimination, 439 Mass. 729 (2003) (affirming the MCAD's order in favor of BR&G's client, a trial court clerk who was denied promotion because of gender discrimination)
Rutanen v. Baylis (In Re Baylis), 313 F.3d 9 (1st Cir. 2002) (the First Circuit ruled that a judgment in favor of BR&G's clients for breach of fiduciary duty by a trustee was not dischargeable in bankruptcy);
Guardianship of Pollard, 54 Mass. App. Ct. 318, rev. denied, 437 Mass. 1103 (2002) (affirming Family and Probate Court's denial of petition for guardianship filed by relatives of BR&G's elderly client)

Other Notable Appeals

Egan v. Athol Memorial Hosp., 134 F.3d 361 (1st Cir.) (per curiam), cert. denied, 525 U.S. 964 (1998) (affirming summary judgment for BR&G's clients, which included the hospital, the hospital's chief administrator and nine doctors on its medical staff on the grounds, among others, that clients' actions in medical peer review matter were protected by the immunity provided by federal Health Care Quality Improvement Act)

Vartanian v. Monsanto Co., 131 F.3d 264 (1st Cir. 1997) (establishing standard for fiduciary's disclosure obligations in connection with ERISA plan; affirming dismissal and summary judgment for BR&G's client Monsanto Company on ERISA and negligent misrepresentation claims)

Moriarty v. Stone, 41 Mass. App. Ct. 151, rev. denied, 423 Mass. 1110 (1996) (affirming divorce decree challenged on appeal by husband of BR&G's client because decree included value of parties' pre-marital contributions)

Isles v. WHC Jr., 98 F.3d 1333 (1st Cir. 1996), cert. denied sub. nom Isles v. Cosby, 520 U.S. 1277 (1997) (per curiam) (affirming summary judgment obtained by BR&G for its clients, a celebrity entertainer and his wife, in employment discrimination suit filed by a former employee)

In re Dugan, 418 Mass. 185 (1994), same case, 416 Mass. 461 (1993) (BR&G appointed as special counsel to represent Committee on Professional Responsibility for Clerks of Courts; SJC affirmed removal for misconduct of Clerk of Northampton District Court and rejected Clerk's challenge to its jurisdiction)

Amerada Hess Corp. v. Garabedian, 416 Mass. 149 (1993) (affirming summary judgment requiring specific performance on contract for sale of real estate for BR&G's client Amerada Hess Corporation)

Perez v. Bay State Ambulance & Hosp. Rental Serv., Inc., 413 Mass. 670 (1992) (established standard of proof before medical malpractice tribunal; affirming dismissal of claims against BR&G's client on grounds that plaintiff's offer of proof to tribunal was insufficient)

Frazier v. Bailey, 957 F.2d 920 (1st Cir. 1992) (affirming summary judgment for physician represented by BR&G on grounds that physician assessing allegation of child abuse was entitled to absolute immunity for actions during litigation)

St. Louis v. Baystate Medical Ctr., Inc., 30 Mass. App. Ct. 393 (1991) (affirming dismissal of breach of contract, tortious interference and Chapter 93 claims against BR&G's client Baystate Medical Center on res judicata grounds)

Lyons v. Lyons, 403 Mass. 1003 (1988) (BR&G obtained reversal and remand of divorce matter for its client on basis that value of contingent fee agreement should have been included in marital estate)

Pellegrino v. City Council of Springfield, 22 Mass. App. Ct. 459 (1986) Appeals Court reversed trial court ruling and held that height restriction in city zoning ordinance was not applicable to physician office building being constructed by BR&G's client Baystate Medical Center)

The Appellate Practice Group Coordinator is Katherine A. Robertson