“…provided invaluable counsel on an emergency basis when a constitutional crisis appeared imminent. They helped do what’s right for the people of Illinois.”
Former Illinois Governor Bruce Rauner’s Transition Committee
Massey & Gail is among the few firms that truly practice constitutional law. Our attorneys have deep experience litigating constitutional questions in high-stakes commercial, regulatory, and appellate matters. We represent clients in challenges involving separation of powers, federalism, due process, and statutory frameworks with constitutional dimensions, often in parallel with complex underlying litigation.
Our team has briefed and argued constitutional issues across federal courts, including the U.S. Supreme Court and multiple courts of appeals. Drawing on our strong appellate foundation, we know how to frame arguments from the outset, whether it is raising a constitutional challenge or defending against one. We anticipate how arguments presented in the lower courts might be evaluated on appeal. And we understand how strategically navigating the procedural questions can make or break the substantive arguments.
Representative Matters
McKesson
Represented McKesson in a constitutional challenge to New York’s retroactive $100 million annual opioid surcharge, prevailing in the Appellate Division and securing reversal of the trial court’s dismissal.
Land of Lincoln Insurance Company
Represented Land of Lincoln Insurance Company in the U.S. Supreme Court; secured an 8-1 victory in 2020 for health insurers owed $12 billion under the Affordable Care Act.
Energy Company
Represented an energy company and helped secure an unprecedented U.S. Supreme Court victory by blocking a major federal rule before appellate review – a monumental first of its kind emergency stay.
Unclaimed Property Class Action
Represented Jaime Vial et al. in a putative class action challenging Delaware’s unclaimed property scheme under federal constitutional law, seeking recovery of millions in securities; defeated the State’s motion to dismiss, overcoming sovereign immunity defenses and allowing claims to proceed.
Construction Contractor
Represented a construction contractor in a qui tam action involving a constitutional challenge under the Privileges and Immunities Clause to a municipal residency requirement underlying the alleged false claims; resolved through settlement.
Healthcare Distribution Alliance
Representing Healthcare Distribution Alliance in an industry-defining case challenging a state drug pricing law under the dormant Commerce Clause in the U.S. Court of Appeals for the Second Circuit and the U.S. District Court for the District of Connecticut.