Appeals & Critical Motions

From trial court to the Supreme Court, most cases are decided on the papers. Winning thus demands superb written advocacy. It also requires thinking several steps ahead. Whatever court our clients are in, we help them not only file winning briefs, but position their case for the next court—and the next.

We have particular experience in cases involving intellectual property, consumer products, federal jurisdiction, preemption, and standing, contract interpretation, and class-action procedure. We have also handled multiple cases involving labor-and-employment matters, antitrust, and constitutional law.

Here are some examples of our work:

U. S. Supreme Court

  • Americans for Prosperity Foundation v. Bonta (2021):   Lead counsel for human-rights organization supporting First Amendment challenge to California law requiring nonprofits to disclose the identity of top donors. Decision pending.
  • Baker v. Edwards (2020):    Lead counsel for 137 members of Congress in support of petition for certiorari in case involving the right of private parties to sue state officials.
  • Helsinn Healthcare S. A. v. Teva Pharms. USA Inc. (2019):   Counsel for the world’s largest generic pharmaceutical company in the first Supreme Court case interpreting the America Invents Act’s “on sale” bar. Client prevailed, 9-0.
  • Kokocinski v. Collins (2018):   Counsel for directors and officers of Medtronic in shareholders’ derivative action. Successfully opposed petition for certiorari.
  • Sandoz, Inc. v. Amgen Inc. (2017):   Counsel for Hospira supporting petition for certiorari in case involving the Biologics Price Competition and Innovation Act. Petition granted.
  • Kingdomware Techs. v. United States (2016):   Lead counsel for the American Legion as amicus in case involving statutory preferences for veteran-owned firms. Client’s position was adopted, 8-0.
  • Omnicare, Inc. v. Laborers’ Dist. Counsel (2015):   Counsel for Omnicare, the Nation’s largest provider of pharmacy services for nursing-home residents, in Securities Act case. Client prevailed.
  • Caraco Pharms. Labs. v. Novo Nordisk A/S (2012):   Counsel to Caraco in case construing the Hatch-Waxman Act’s never-before-construed counterclaim provision. Caraco prevailed, 9-0.

Federal Appellate Courts

  • Quidel Corp. v. Siemens Med. Solutions USA (9th Cir. ):   Lead counsel for leading medical-testing company in Lanham Act action challenging competitor’s false advertising. Appeal pending.
  • Dist. No. 1, Pacific Coast Dist. , Marine Eng’rs Beneficial Assoc. , AFL-CIO v. Liberty Maritime Corp. (D. C. Cir. 2021):   Lead counsel for global shipping company in labor-arbitration case.
  • McGee v. S-L Snacks Nat’l, LLC (9th Cir. 2020):   Lead counsel for manufacturer in products-liability case presenting questions of standing and federal preemption. Client prevailed, 3-0.
  • Med Vets, Inc. v. VIP Petcare Holdings, Inc. (9th Cir. 2020):   Counsel for veterinary clinics and pet-medicine manufacturer in case alleging Clayton and Sherman Act violations. Client prevailed, 3-0.
  • Hughes v. Priderock Capital Partners, LLC (11th Cir. 2020):   Lead counsel for Priderock Capital Partners in case alleging unjust enrichment in profits from sale of securitized mortgages.
  • GlaxoSmithKline LLC v. Teva Pharms. USA (Fed. Cir. 2020):    Lead counsel for the leading generic pharmaceutical trade association as amicus supporting affirmance in Hatch-Waxman Act case. Appeal is pending rehearing en banc.
  • ChargePoint, Inc. v. SemaConnect, Inc. (Fed. Cir. 2019):   Counsel for leading manufacturer of electric-car charging stations in case considering patent-eligibility under Alice Corp.
  • Kerns v. Caterpillar Inc. (6th Cir. 2019):   Counsel for Caterpillar in appeal by beneficiaries under collective-bargaining agreement asserting that certain benefits vested. Caterpillar prevailed, 3-0.
  • Acorda v. Roxane (Fed. Cir. 2018):   Counsel for Roxane and co-defendant Teva Pharmaceuticals in the Federal Circuit’s leading case on the effect of blocking patents. Roxane and Teva prevailed.
  • FTC v. Advocate Health Care Network (7th Cir. 2016):   Counsel for hospitals in Federal Trade Commission Clayton Act challenge to hospital mergers.
  • Maher Terminals, LLC v. The Port Authority of New York & New Jersey (3d Cir. 2015):   Counsel for Maher Terminals in case brought under U. S. Constitution’s Tonnage Clause. Case settled favorably.
  • Am. Commercial Lines v. U. S. Envt’l Servs. (5th Cir. 2014):   Counsel for environmental cleanup-company facing implied-indemnity claims. Client prevailed, 3-0.
  • Effie Film, LLC v. Murphy (2d Cir. 2014):   Counsel for producer of film starring Emma Thompson, who wrote the screenplay and was accused of copyright infringement. Client prevailed, 3-0.
  • Perkumpulan Investor Crisis Center Dressel – WBG v. Wong (9th Cir. 2013):    Counsel for individual sued for securities fraud. Dismissal affirmed, 3-0, for lack of personal jurisdiction.
  • Jones v. Basinger (7th Cir. 2011):   Lead counsel in criminal case presenting foundational questions under the U. S. Constitution’s Confrontation Clause. Client prevailed, 3-0, obtaining a new trial.
  • Boston and Maine Corp. v. Mass. Bay Transp. Auth. (1st Cir. 2009):   Counsel for railroad facing claims for cleaning up waste that the plaintiff—a government entity—should have known of before the railroad emerged from bankruptcy. Court rejected the government’s “ostrich defense,” 3-0.
  • Flaherty v. Legum & Norman Realty, Inc. (4th Cir. 2008):   Counsel for condominium manager in wrongful-death action dismissed by trial court. Client prevailed, 3-0.

Critical Motions

  • Food Delivery Holdings 12, S. A. R. L. v. DeWitty & Associates (D. D. C. 2021):   Counsel to international food-services company in case involving theft of trade secrets. Client received precedent-setting opinion awarding discovery under 28 U. S. C. § 1782 to support an international arbitration.
  • Hess Corp. v. Schlumberger Tech. Corp. (S. D. Tex. 2020):   Issue-preservation and motions counsel in ten-day bench trial for oil-services firm in $225-million breach-of-contract action. Client prevailed.
  • Scherzer v. Bank of Am. , N. A. (S. D. Ca. 2020):   Counsel for bank alleged to have engaged in deceptive practices. Court rejected all claims of putative nationwide class for lack of Article III standing and dismissed in-state plaintiffs’ claims for pleading deficiencies.
  • Berarov v. Archer-Daniels-Midland Co. (N. D. Ill. 2019):    Counsel for feed manufacturer in putative class action involving horse deaths. Court dismissed most claims for pleading deficiencies.
  • Ciuffitelli v. Deloitte & Touche LLP (D. Or. 2019):   Counsel for valuation firm in multi-defendant putative $600 million class action alleging federal securities fraud. Case settled favorably.
  • Dettling v. Medtech College, LLC (E. D. Va. 2017):   Lead counsel for firm alleged to have breached statutory obligation to warn employees before layoffs. Court dismissed all claims.