McLane Middleton’s attorneys are accomplished legal professionals with a successful appellate practice and extensive experience in handling difficult, complex, and first-impression appellate cases for clients. Our lawyers routinely represent clients in the New Hampshire Supreme Court and in the U.S. Court of Appeals for First Circuit as well as other state and federal courts.
Our team includes three members of the American College of Trial Lawyers and two partners recognized by Best Lawyers in America for their appellate practice. We are also proud to count a previous New Hampshire District Court Judge and two former NH Attorneys General as members of our group.
Our expertise in appellate practice encompasses virtually every substantive area, including: administrative and constitutional laws (federal and state), commercial contract disputes, business torts, energy, employment, and environmental law.
Exemplary cases conducted by our Appellate Group include:
- Mullen et al v. Public Service Company of New Hampshire et al (NH 2014-0797)(July 6, 2015) – Successfully upheld dismissal of amended complaint against PSNH, Northern Pass Transmission, LLC, and Northeast Utilities regarding transmission line project to bring energy to the region.
- State of New Hampshire v. Hess Corporation et al (NH No. 2013-0591) – Serving as appellate counsel for Exxon Mobil Corporation and Exxon Mobil Oil Corporation in pending appeal from largest jury verdict in New Hampshire history and civil judgment in the amount of $236.4 million for cost of investigating and remediating past and future MTBE contamination.
- Lawrence v. Philip Morris USA, 164 N.H. 93 (2012) – Successfully reversed trial court decision to certify a class consisting of “all individuals who purchased Marlboro Lights cigarettes in NH from January 1, 1995 to date of trial.”
- Sabinson v. Trustees of Dartmouth College, 542 F.3d 1 (1st Cir. 2008) – upheld summary judgment for Dartmouth on discrimination claims based on age, gender, religion, and retaliation and refusing pendant jurisdiction over contract claim; Sabinson v. Trustees of Dartmouth College, 160 N.H. 452 (2010) – Successfully upheld summary judgment for Dartmouth on state contract claim by former employee.
- Appeal of Pennichuck Water Works, 160 NH 18 (2010) - Appeal of a decision of the New Hampshire Public Utilities Commission concerning a taking of the assets of the water company
- General Insulation Co. v. Eckman Construction Co., 159 NH 601 (2010) - The New Hampshire Supreme Court affirmed the statutory time limitations for notice of claims against a payment bond issued in connection with a public building project.
- Appeal of Stonyfield Farm, 159 N.H. 227 (2009) - The New Hampshire Supreme Court dismissed an appeal challenging the N.H. Public Utilities Commission, finding that it did not have jurisdiction over the construction of a $400 million mercury reduction project.
- Appeal of Pinkerton Academy, 155 N.H. 1 (2007) - The New Hampshire Supreme Court found that Pinkerton Academy was not a public employer within the meaning of the New Hampshire Public Employee Labor Relations Board.
- Sherman v. Graciano, 152 N.H. 119 (2005) - A case that has been frequently cited on issue of contract interpretation, the New Hampshire Supreme Court reversed an arbitral decision and credited our client's claim in full.