U.S. Supreme Court Matters
Becerra v. Empire Health Foundation (2021). Representing hospitals in significant healthcare dispute relating to calculation of payments to hospitals that treat a disproportionate share of low-income and indigent patients
Wolfe v. Commonwealth of Virginia (2019). Obtained summary reversal and remand to Virginia courts in connection with high-profile death penalty matter.
Electric Power Supply Association v. FERC (2016). Represented the Electric Power Supply Association in major litigation challenging the Federal Energy Regulatory Commission’s regulation of “demand response.”
Ashley Furniture Industries, Inc. v. United States (2014). Successfully opposed petition for certiorari filed in major trade remedy case involving First Amendment challenge to the Continued Dumping and Subsidy Offset Act.
Bond. v. United States (2014). Secured victory in case addressing the federal government’s authority to prosecute a local offense under the Chemical Weapons Convention.
Utility Air Regulatory Group v. EPA (2014). Filed amicus curiae brief by a group of law professors, cited favorably by the Supreme Court for its "felicitous" explanation of arguments.
PPL Corporation v. Commissioner of Internal Revenue (2013). Obtain unanimous decision finding that a UK windfall tax was creditable for U.S. tax purposes.
PPL Montana v. Montana (2012). Obtained unanimous decision reversing the Montana Supreme Court’s ruling that riverbed lands under the Upper Missouri, Clark Fork and Madison rivers are state-owned because they were purportedly navigable in 1889 when Montana joined the Union.
Public Citizen, Inc. et al. v. United States (2012). Represented industry association in successfully opposing petition for certiorari filed by public interest groups and states challenging favorable decision upholding the federal market-based rate regime.
Bond v. United States (2011). Secured successful reversal in case confirming private-party standing to challenge federal prosecutions that exceed the treaty power under the Tenth Amendment.
Plata v. Coleman (2011). Represented a class of inmates suffering from mental illness and successfully defended order of three-judge panel requiring California to address its prison overcrowding crisis.
Horne v. Flores (2009). Represented Arizona legislative leaders in education reform litigation, obtaining certiorari and successful reversal of a Ninth Circuit decision addressing the standards for modifying an injunction and the interplay between the Equal Education Opportunity Act and the No Child Left Behind Act.
Massachusetts v. EPA (2007). Prepared merits brief on behalf of the Alliance of Automobile Manufacturers addressing the authority of the Environmental Protection Agency to regulate greenhouse gas emissions.
Elk Grove School District v. Newdow (2004). Represented the mother of the minor child identified as the plaintiff in a successful defense of a challenge to the constitutionality of the Pledge of Allegiance.
Other Appellate Matters
Thomas & Betts Corp. v. Trinity Meyer Utility Structures, LLC (2d Cir. 2021). Obtained favorable decision reversing trial court in significant construction contract dispute and allowing breach-of-contract claims to move forward.
Bethesda Health, Inc. v. Azar (D.C. Cir. 2021). Successfully represented the Florida Hospital Association and ten of its member hospitals in challenge to how CMS calculates Medicare reimbursement rates, paving the way for hospitals to gain millions of dollars in additional Medicare reimbursements.
Basic Capital Management, Inc. v. Dynex Capital, Inc. (5th Cir. 2021). Successfully defended district court judgment, reaffirming important principles of res judicata law and preventing plaintiffs from reviving their time-barred lawsuit.
Callinan v. Lexicon Pharmaceuticals, Inc. (5th Cir. 2021). Obtained favorable appellate court ruling dismissing major securities class action for failure to meet pleading requires under the securities law.
In re Triangle Corp. Securities Litigation (4th Cir. 2021). Obtain appellate decision dismissing securities fraud class action against Triangle Capital Corporation and certain of its officers and directors, reaffirming principle that speculative, hindsight pleadings are not permissible in cases alleging violations of the federal securities laws.
Stokes v. Stirling (4th Cir. 2021). Obtained favorable ruling reversing district court, granting habeas petition, and remanding for issuance of a writ or resentencing.
Nawai Wardak Transp. Co. v. RMA Group Afghanistan Limited (Mich. Ct. App. 2021). Obtained reversal of a trial court order dismissing claims for lack of personal jurisdiction, permitting case to proceed on merits in Michigan trial court.
Wojcicki v. SCANA/SCE&G (4th Cir. 2020). Obtained favorable decision affirming that relators cannot proceed pro se when bringing a False Claims Act lawsuit.
American Clinical Laboratory Association v. Azar (D.C. Cir. 2019). Obtained favorable jurisdictional ruling, reversing district court and holding that judicial review bar does not apply to challenge to CMS's failure to comply with the data collection requirements of the Protecting Access to Medicare Act.
Kapila v. Grant Thornton, LLP (11th Cir. 2019). Obtained favorable decision affirming district court's decision granting judgment in Grant Thornton's favor based on common law in pari delicto doctrine.
Alvarez v. The Johns Hopkins University, et al. (D. Md. 2019) Served as lead appellate lawyer and brief writer in major litigation seeking to hold Bristol Myers Squibb and other defendants liable for medical research experiments conducted in Guatemala between 1946 and 1948. Successful obtained voluntary dismissal with prejudice.
Malek v. Blackmer Pump (Cal. Ct. App. 2019). Obtained favorable ruling affirming grant of summary judgment in litigation arising out of Iranian refinery workers' exposure to asbestos in the 1950s through the 1970s.
Board of Comm’rs of the Southeast La. Flood Prot. Auth., et al. v. Tennessee Gas Pipeline Co. (5th Cir. 2017). Served as lead appellate lawyer representing Chevron Corporation on appeal, defending dismissal of litigation brought by a local levee board seeking to hold the oil and gas industry liable for coastal land loss.
Rozema v. U.S. Dept. of Health & Human Servs. (2d Cir. 2017). Served as lead appellate lawyer representing R.J. Reynolds Tobacco Company in successful defense of decision dismissing action seeking to compel the release of confidential and trade secret information.
Benton County Wind Farm LLC v. Duke Energy Indiana, Inc. (7th Cir. 2016). Represented wind farm in successful appeal reversing district court decision concerning contractual obligation of utility to purchase wind farm's output under long-term contract.
Delaware Dept. of Natural Res. & Envtl Control v. EPA (D.C. Cir. 2015). Served as counsel of record for the Electric Power Supply Association in a successful challenge to the EPA’s final rule exempting backup, diesel-fueled generators from emissions controls.
Frank v. Fuhrer Wholesale Co. v. MillerCoors LLC, et al. (3d Cir. 2015). Served as lead appellate counsel in successful appeal defending district court judgment in a contract dispute between MillerCoors and one of its largest distributors.
U.S. ex rel. Michael Keeler v. Eisai Inc. (11th Cir. 2014). Successfully represented pharmaceutical manufacturer in appeal defending dismissal of qui tam lawsuit.
Exelon Wind 1, LLC v. Nelson (5th Cir. 2014). Represented major energy company in successful appeal challenging order striking down the Texas Public Utilities Commission’s interpretation of statutory scheme governing the purchase of energy between public utilities and qualifying facilities.
West Deptford Energy, LLC v. FERC (D.C. Cir. 2014). Successfully represented petitioner in appeal challenging agency orders that failed to comply with file rate doctrine.
South Carolina Public Service Authority v. FERC (D.C. Cir. 2014). Represented LS Power in successful defense of agency decision regarding rights of first refusal in Order 1000 rulemaking.
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