Chadbourne litigators have extensive appellate experience in federal courts throughout the United States, in both civil and criminal matters, as well as broad and deep experience in state appellate courts. In particular, we have strong capabilities in New York State appellate practice, in both the Appellate Divisions of the New York State Supreme Court and in the New York Court of Appeals. Our extensive appellate experience contributes to our overall capabilities as litigators, allowing us to identify possible appellate issues early on in litigation, and to present cases in a way that ensures the greatest chance of success on appeal, should one become necessary. In addition, we are often asked to take on appeals of matters handled by other firms at the trial level, and we regularly submit amicus briefs in important cases pending in the United States Supreme Court and other appellate courts. Our ranks include lawyers who have clerked for judges in federal and state courts throughout the United States.
Excel Realty Appeal from New York Commercial Division
Chadbourne currently represents Excel Realty Advisors LP in an appeal to the Appellate Division, Second Department, from a New York Commercial Division summary judgment ruling that dismissed Excel's claims for the finder's fee it was due from its introduction of a developer of assisted living facilities to a monied joint venture partner. The introduction resulted in transactions valued at hundreds of millions of dollars.
Joint Venture Dispute Victory
Chadbourne represented US Full Service Energy LLC in a dispute against Tricor Energy LLC arising out of the parties’ joint venture to develop and sell real property in Bakersfield, California, to be used as a gas storage facility with consequent enhanced crude oil production. Following both a mediation and a two-week arbitration in California, the arbitrator found in favor of our client and awarded US$12.6 million in damages and costs.
Successful Results for Former Senator Joseph Bruno
Chadbourne represented former New York Senate Majority Leader Joseph Bruno in his defense against eight federal "honest services" fraud charges in the United States District Court for the Northern District of New York. The jury convicted Senator Bruno of only two of the eight charges. Chadbourne appealed the two charges to the Second Circuit Court of Appeals, which overturned them.
Precedent-Setting Appeal in Poland
Chadbourne won a precedent setting case before the Polish Supreme Court on behalf of Park Wiatrowy Tychowo Sp. z.o.o., a portfolio company controlled by RWE Innogy GmbH, one of Europe’s major energy companies. The Polish Supreme Court ruled that our client, a wind farm developer, was not obligated to cover costs in connection with a grid extension and upgrade needed to connect the wind farm.
Anti-Corruption Appeal for Senator Hector Martinez
In 2013, Chadbourne persuaded the US Court of Appeals for the First Circuit to adopt a more narrow interpretation of an anti-corruption law and reverse the conviction of Puerto Rico Senator Hector Martinez. When the US Department of Justice attempted to retry Senator Martinez, Chadbourne argued that a re-trial is precluded by the double jeopardy clause. That issue was argued on appeal to the First Circuit in January 2015, and we await a decision.
Former New York Governor George Pataki Civil Rights Appeal
Chadbourne persuaded a jury in the US District Court for the Southern District of New York to find Governor George Pataki not liable to a group of plaintiffs who claimed their civil rights had been violated when they were committed to mental institutions pursuant to the Sexually Violent Predators Initiative. While the court found that the plaintiffs had been denied their constitutional right to a hearing, the jury concluded Governor Pataki was not responsible for this violation of the plaintiffs' constitutional rights. The plaintiffs have appealed to the US Court of Appeals for the Second Circuit, and Chadbourne is representing Governor Pataki in the appeal.
Abbe David Lowell is the head of Chadbourne's Litigation Department and chair of the firm's White Collar Defense, Regulatory Investigations and Litigation Group.
Mr. Lowell is one of the nation's leading white collar defense and trial lawyers. His practice focuses on litigation, special...