Puerto Rico Energy Law Firm

Appellate Practice

Strategic appellate representation before Puerto Rico and federal courts
No firm in Puerto Rico has a stronger appellate and constitutional team.
Former Puerto Rico Supreme Court Justice on our team
Two former Solicitor General attorneys who handled the Commonwealth's most significant appeals
Former judicial clerks to appellate and Supreme Court judges
Presence in both Puerto Rico and Federal Court from our San Juan and Washington D.C. offices
CONSULTING

Overview

Appeals require a different set of skills than trial work. The issues have been framed, the record is fixed, and success depends on identifying the legal arguments most likely to persuade appellate judges—and presenting them with precision, clarity, and an understanding that not every judge thinks the same way.


Maceira Zayas maintains a dedicated appellate practice handling appeals, certiorari petitions, and extraordinary writs before the Puerto Rico Court of Appeals, the Puerto Rico Supreme Court, the United States Court of Appeals for the First Circuit, and other federal appellate courts.



Our appellate team includes a former Associate Justice of the Puerto Rico Supreme Court, attorneys who served in the Office of the Solicitor General—the office responsible for representing the Commonwealth in its most important appellate matters—and former judicial clerks who understand how judges evaluate cases from the inside. This combination of judicial perspective and appellate advocacy experience is unmatched in Puerto Rico.



We handle appeals arising from commercial litigation, administrative proceedings, government contracts disputes, regulatory matters, constitutional challenges, and other complex civil cases. We also provide appellate consultation to trial counsel—helping shape the record, preserve issues, and develop appellate strategy from the outset of litigation.

CONSULTING

Our Approach

Effective appellate advocacy begins with case assessment. Not every adverse ruling warrants an appeal, and not every appealable issue offers a realistic path to reversal. We provide clients with candid evaluation of appellate prospects, focusing resources on matters where appellate intervention can change outcomes.

When we take an appeal, our process includes:
Record Analysis:
We conduct comprehensive review of the trial court record to identify preserved issues, evaluate the factual and procedural posture, and determine the strongest grounds for appeal.
Issue Selection
Appellate courts are more receptive to focused arguments than exhaustive ones. We prioritize the issues most likely to result in reversal or modification, while preserving secondary arguments as appropriate.
Brief Writing
Our briefs are designed for the human beings who will evaluate them. We present complex legal issues clearly, lead with our strongest arguments, support positions with thorough citation to controlling authority, and tailor our presentation to the specific court and judges assigned to the matter.
Oral Argument
When the court grants oral argument, we prepare rigorously—
anticipating questions, developing responses, and presenting arguments that
complement rather than repeat our written submissions.
When we defend a favorable ruling on appeal, our process includes:
Vulnerability Assessment
We identify the weakest points in the lower court's reasoning and the arguments most likely to resonate with the appellate panel, allowing
us to address them head-on.
Record Reinforcement
We ensure the appellate court sees the full factual record
supporting the judgment, highlighting findings and evidence that anchor the lower court's decision.
Standard of Review
We frame the issues to maximize deference to the lower court's findings and discretion, emphasizing the appellant's burden to demonstrate reversible
error.
Responsive Briefing
We craft opposition briefs that not only defend the judgment but affirmatively demonstrate why the lower court got it right, giving the appellate court confidence to affirm.
CONSULTING

Representative Matters

The following are select highlights from our appellate practice:

U.S. Court of Appeals for the First Circuit

de la Fuente-Díaz v. González-Colón, No. 25-1638 
(1st Cir. - Pending)

We represent the Senate of Puerto Rico as amicus curiae in this constitutional case. The Government appealed a District Court decision that found Puerto Rico's birth certificate policy violated the Equal Protection Clause by not permitting a gender marker other than male or female. Our amicus brief argues that the binary format does not create a constitutionally prohibited classification, that no fundamental right exists to require a third sex marker onofficial documents, and that the appropriate standard is rational basis review. We are joined by amici from 20 states and the Arizona Legislature supporting reversal.
U.S. Court of Appeals for the Second Circuit

Banco San Juan Internacional v. Federal Reserve Bank of New York, No. 25-1144
(2d Cir. - Case Heard)

Constitutional case regarding alleged discrimination by the Federal Reserve Bank against international financial institutions physically located in Puerto Rico. The case addresses fundamental questions of what rights are reserved to states versus the federal government in matters of oversight and policy. We represent the Senate of Puerto Rico as amicus curiae on behalf of the plaintiffs.
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