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Appellate

  • Filed an amicus brief in the Seventh Circuit on behalf of national trade associations in connection with an appeal from a lower court ruling certifying a national product liability class. Adopting arguments that we advanced on behalf of the amici, the Seventh Circuit reversed the lower court ruling and decertified the plaintiff class.
  • Represented a national telecommunications company in an appeal from a state agency ruling that threatened to prevent the sale of a major product. A week before trial, the state Attorney General acknowledged that the agency had no defense and consented to the entry of a declaratory judgment in favor of the client.
  • Argued an appeal of a Comprehensive Permit before the Supreme Judicial Court, which affirmed our client’s Comprehensive Permit for a residential development of approximately 150 units.
  • Defended a hedge fund against securities and unfair business practice claims in a case in which the Massachusetts Appeals Court upheld the lower court’s entry of judgment after trial in favor of our client.
  • Represented a national prescription benefit management company in a case where The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment in favor of our client.
  • Represented a marketing agency in a case concerning breach of contract and unfair business practice claims in the food industry. The California Court of Appeal ruled in favor of our client in upholding the trial court’s refusal to compel arbitration.
  • Represented the defendants-respondents in an appeal concerning a forum selection clause in an insurance contract.
  • The US Court of Appeals for the Seventh Circuit affirmed the district court’s ruling dismissing the plaintiff’s False Claims Act qui tam suit against Mintz Levin’s client, a multi-regional retail pharmacy corporation.
  • Represented the appellant in this case concerning tax liabilities relating to escrow release contracts arising out of the settlements of class action tobacco litigation.
  • Successfully appealed decision dismissing investment funds’ action for legal malpractice and breach of fiduciary duty against former counsel.
  • Represented a former employee of a pre-eminent financial services industry firm charged with violations of the securities laws in connection with the firm's sale of funds invested in subprime securities. Prevailed in a three week trial before the SEC’s Chief Administrative Law Judge, and again before the First Circuit Court of Appeals.
  • Defended the developer of a mixed use project, which included over 60 residential units, in an appeal brought by a competing shopping center.
  • Represented an air-conditioner manufacturer on appeal and succeeded in affirming the dismissal of all claims against the client.
  • Obtained dismissal with prejudice of federal and state court complaints asserted against a futures commission merchant (FCM) by investors in a commodity pool who alleged that the FCM aided and abetted a Ponzi scheme perpetrated by the pool operator. We secured a favorable opinion by the Fifth Circuit Court of Appeals in a case of first impression interpreting the Commodity Exchange Act.
  • Represented an eyewear company in a successful appeal to the Federal Circuit, obtaining summary judgment in a patent infringement case.
  • Represented a Canadian insurance company in its reinsurance contract dispute with an American insurance company. The US Court of Appeals for the First Circuit affirmed the District of Massachusetts’s award of summary judgment to our client.
  • Obtained a decision by the Connecticut Supreme Court that reversed an injunction and a seven-figure judgment against our client on trade secret and unfair competition claims.
  • Represented Vertex Pharmaceuticals, Inc. in a decision crystalizing the standard required to plead scienter in securities fraud cases, the First Circuit affirmed the dismissal of a securities class action complaint filed against Vertex and the company’s senior executives by Local No. 8 IBEW Retirement Plan and Trust.  This decision ends four years of litigation defending against plaintiffs' false and unfounded allegations that Vertex’s disclosures regarding the results of clinical trials assessing the safety and efficacy of the company’s combination drug therapy for the treatment of patients with cystic fibrosis violated the federal securities laws. We successfully rebuffed plaintiffs twice in the District Court, ultimately securing victory in the First Circuit.
  • Obtained a decision by the New York Appellate Division to set aside the jury verdict against our client, a high-profile real estate developer, in a race discrimination case.
  • Filed a pro bono amicus brief on behalf of the Massachusetts Coalition for the Homeless, the ACLU of Massachusetts and two plaintiffs in a case against the City of Fall River related to the enforcement of the so-called “panhandling statute”, violations of which previously resulted in fines and potential criminal prosecutions. Adopting arguments that we advanced on behalf of the amici, the Massachusetts Supreme Judicial Court concluded that the statue is unconstitutional on its face under the First Amendment to the United States Constitution and the Massachusetts Declaration of Rights.
  • Won a complete dismissal with prejudice of a $3 billion RICO case filed against our client, Wynn Resorts in the District of Massachusetts. The case was brought by Sterling Suffolk Racecourse as part of an ongoing legal battle with Wynn over competing casino projects in the greater Boston area. The matter involved a collection of salacious allegations cutting across multiple jurisdictions, but our team was ultimately successful in arguing that Suffolk had failed to prove a pattern of racketeering activity, a necessity in a RICO case.
  • Defeated class certification and obtained judgment on the pleadings in favor of defendants on all counts in a securities class action against a biopharmaceutical company and four of its former officers and then successfully defended that judgment on appeal before the First Circuit.
  • Successfully defended Citizens Bank against putative class allegations of aiding and abetting fraud and breach of fiduciary in connection with a $100 million Ponzi scheme. The Western District of NY dismissed the complaint, with prejudice. The dismissal was upheld by the Second Circuit Court of Appeals.
Case Study
Mintz helped Hollis Hills obtain a comprehensive permit from the Massachusetts Housing Appeals Committee to construct affordable housing in Lunenburg, Massachusetts under the state's Chapter 40B affordable housing law. Mintz appealed the Lunenburg Zoning Board of Appeals’s denial of the application.
Case Study
Mintz’s US Court of Appeals for the Federal Circuit win for NextGen affirmed a lower court’s dismissal of a patent infringement case targeting NextGen’s Patient Portal program. The appellate court affirmed that patents directed to longstanding methods of organizing human activity are unpatentable.
Case Study
Mintz’s victory in a trial before the SEC’s Chief Administrative Law Judge cleared a former State Street executive of charges related to the Dodd-Frank Wall Street Reform and Consumer Protection Act. After the SEC overturned the decision, the First Circuit’s reversal of the Commission made new law.
Case Study
Mintz’s litigation team achieved a significant victory for Citizens Bank, securing a dismissal of claims by a class of investors that Citizens and a co-defendant aided and abetted a $102 million Ponzi scheme that started in 2008. The US Court of Appeals for the Second Circuit upheld the dismissal.
Case Study
Mintz secured two MA federal court wins and one at the First Circuit for Vertex Pharmaceuticals, Inc. and several senior executives in a securities case about clinical trial result disclosures. The decision clarified the First Circuit standard for pleading scienter in securities fraud cases.
Case Study
Mintz represented XpresSpa Group, Inc. before the Second Circuit Court on appeal from the SDNY. Appellants sought to overturn the SDNY decision granting XpresSpa summary judgment and an earlier decision dismissing all of the appellants’ state law claims.
Case Study
Mintz’s litigation team secured a victory on behalf of Wynn Resorts and Wynn MA, LLC (now known as Encore) in a complex RICO case brought by the prospective landlord of a former competitor for a singular, exclusive Boston-area gaming license.