Appeals

Whether you are trying to defend a victory, overturn a bad decision, or push the law in a new direction, our experience in this unique part of the legal system can bring a fresh perspective and make all the difference.

We have argued and won appeals in federal and state appellate courts. Our victories include decisions setting precedent on novel issues of law.

We have experience at every level of appellate court throughout the country. We have represented individuals, non-profits, companies, and government officials in a diverse set of subject matters. We have represented clients in cases related to civil rights, commercial litigation, constitutional law, consumer rights, criminal law, environmental regulations, False Claims Act and other whistleblower issues, and more.

We are regularly asked to write amicus curiae (friend of the court) briefs in cases before the Supreme Court and Courts of Appeals. Our amicus briefs have been cited in judicial decisions and covered in media.

Our notable past and current appellate matters include:

Party Representations

• United States ex rel. Weiner v. Siemens AG et al., No. 22-2656 (U.S. Second Circuit) – Represented a whistleblower alleging fraud to win government contracts on construction of a water filtration plant in the Bronx. After the whistleblower’s case was wrongly dismissed on procedural grounds, we successfully argued the case should be reinstated, obtaining a unanimous reversal on a novel issue under the False Claims Act.
• Bianculli et al. v. City of New York Office of Labor Relations et al., No. 2023-00232 (New York Appellate Division First Department) – Represented a proposed class of over 200,000 New York City municipal retirees challenging the imposition of copays in their retirement health care benefits. Successfully obtained a preliminary injunction stopping the copays, which was affirmed on appeal.
• DaCosta v. New York City Department of Buildings, No. 2021-00691 (New York Appellate Division First Department) – Represented a New York City employee who alleged he was wrongfully terminated and later blacklisted when he attempted to get a job with another city agency. We obtained a unanimous reversal expanding whistleblower protections, confirming that New York’s Civil Service Law protects whistleblowers from retaliation after they have left their jobs.
• United States v. Sastrom, No. 22-1750 (U.S. First Circuit) – Appointed by the court to represent criminal defendant in appeal challenging modification of terms of supervised release that caused him to be committed in a state psychiatric hospital against his will without appropriate justification under the law or according to his mental health needs (pending).
• Davis-Guider v. City of Troy et al., No. 23-589 (U.S. Second Circuit) – Representing individual pursuing civil rights claims against city, county, law enforcement, and medical examiner alleged to have violated his constitutional rights through malicious prosecution and fabrication of evidence (pending).
• Thomas v. Mason et al., No. 23-753 (U.S. Second Circuit) – Representing individual pursuing civil rights claims against law enforcement who violated his constitutional rights by coercing a false confession, but were still wrongly protected by qualified immunity (pending).

Amicus Representations

• West Virginia v. Environmental Protection Agency, No. 20-1530, 20-1531, 20-1778, 20-1780 (U.S. Supreme Court) – Represented 192 Members of Congress as amici curiae in support of the Environmental Protection Agency’s authority to regulate greenhouse gases under the Clean Air Act.
• Sackett v. Environmental Protection Agency, No. 21-454 (U.S. Supreme Court) – Represented American Sustainable Business Network, National Latino Farmers and Ranchers Trade Association, Ecological Restoration Business Association, and Craft Brewers as amici curiae in support of Environmental Protection Agency’s authority to regulate and protect wetlands under the Clean Water Act.
• Antonyuk v. Nigrelli, No. 22-2908 (U.S. Second Circuit) – Represented an academic and expert on mass shootings as amicus curiae in support of New York’s gun control laws, providing research and context for the predictive value of social media data as a part of preventing mass shootings and other gun violence. This brief was cited by the Second Circuit in its decision.
• Hachette Book Group, Inc. v. Internet Archive, No. 23-589 (U.S. Second Circuit) – Represented a group of former and current law library directors, professors, and academics as amici curiae in support of protecting controlled digital lending (CDL) as fair use under copyright law to protect the social and public mission of libraries.

Note: This page may include matters and descriptions of work completed prior to joining Law Office of Max Rodriguez PLLC.