Spinelli v. Nat'l Football League, __ F.3d __, No. 17-673 (2d Cir. Sept. 11, 2018) (argued). Successfully represented professional sports photographers on appeal, obtaining reversal of Rule 12(b)(6) dismissal of copyright, contract, and tort claims related to unlicensed uses of photographs by the NFL and AP.
In re Syngenta AG MIR 162 Corn Litig., No. 14-MD-2591 (D. Kan.) (individual case within MDL; voluntarily dismissed Nov. 7, 2017). Represented seed distributor on contract, tort, and consumer fraud claims related to Syngenta's commercialization of genetically-modified corn seed products.
Walker Broadcasting Co. v. FCC, No. 16-1118 (D.C. Cir. Dec. 5, 2016) (argued). Presented oral argument on behalf of license-holder challenging Commission's inequitable conduct and decisions involving regulatory forfeiture and eligibility for a spectrum auction.
Eastern Or. Mining Ass'n v. Dep't of Envtl. Quality, 360 Or. 10 (2016). In long-running litigation over unlawful DEQ permit, successfully represented suction dredge miners in the Oregon Supreme Court on petition for review of an order dismissing their claims as moot and outside the scope of the exception for cases capable of repetition yet evading review.
Nike USA, Inc. v. Berian, No. 16-743 (D. Or.) (voluntarily dismissed June 23, 2016). Defended athlete against former sponsor’s effort to obtain a preliminary injunction based on claimed exercise of right-of-first-refusal provision. After the injunction motion had been briefed, argued, and taken under advisement, the case was voluntarily dismissed.
Rubin v. Islamic Republic of Iran, 830 F.3d 470 (7th Cir. 2016) (cert. granted), aff'g 33 F. Supp. 3d 1003 (N.D. Ill. 2014); 637 F.3d 783 (7th Cir. 2011) (argued). Successfully represented the Field Museum of Natural History in collection proceedings initiated by judgment-creditors of Iran seeking to attach, seize, and sell Persian antiquities in the Museum’s collection. Following a successful interlocutory appeal involving jurisdictional and standing issues, the district court granted our motion for summary judgment and the Seventh Circuit affirmed.
Bondi v. Grant Thornton Int’l, No. 04-L-9290 (Cook County Cir. Ct. 2015); 756 F.3d 549 (7th Cir. 2014); No. 04-6031 (N.D. Ill. 2013); 671 F.3d 261 (2d Cir. 2012); 639 F.3d 572 (2d Cir. 2011); 659 F. Supp. 2d 504 (S.D.N.Y. 2009); Parmalat Capital Finance Ltd. v. Bank of America Corp., 639 F.3d 572 (2d Cir. 2011); Pappas v. Bank of America Corp., 309 Fed. Appx. 536 (2d Cir. 2009). Successfully represented accounting firm in long-running litigation, in six different courts, arising from the collapse of the Italian dairy conglomerate Parmalat SpA.
Bristol Myers Squibb Co. v. Teva Pharm. USA, Inc., 752 F.3d 967, reh’g denied, 769 F.3d 1339 (Fed. Cir. 2014), cert. denied (2015). Successfully represented generic drug manufacturer on appeal in patent case involving the obviousness of a compound claim for a new hepatitis B drug. Preserving the trial team’s victory, we prevailed on appeal at the panel stage, in opposition to rehearing (over several dissenting votes), and in opposition to certiorari.
M&G Polymers USA, LLC v. Tackett, 135 S. Ct. 926 (2015). Successfully represented the U.S. Chamber of Commerce and Business Roundtable on the prevailing side in a Supreme Court case involving the proper interpretation of retiree-benefit provisions in collective bargaining agreements.
Cephalon, Inc. v. Abraxis Bioscience, LLC, No. 14-1411 (Fed. Cir. 2015). Represented patent-holder in cross-appeals following dispositive claim construction rulings in case involving the patent for an innovative cancer treatment.
Alcon Research Ltd. v. Barr Labs., 745 F.3d 1180 (Fed. Cir. 2014) (argued). Represented generic drug manufacturer in cross-appeals in patent case involving a prescription eye drop. Issues included non-infringement, enablement, and federal procedure.
Oregon Public Employees Retirement Fund v. Apollo Group Inc., 774 F.3d 598 (9th Cir. 2014). Successfully represented for-profit education company on appeal in a putative securities class action asserting Section 10(b) claims based on statements related to enrollment, revenue growth, and recruiting practices.
S.F. v. Archer-Daniels Midland Co., No. 14-1615 (2d Cir. 2014). Successfully represented manufacturers of high fructose corn syrup on appeal in product liability case brought on behalf of teen who developed Type 2 diabetes.
Hillman v. Maretta, 133 S. Ct. 1943 (2013). Successfully represented the beneficiary in a Supreme Court case on the merits involving the federal life insurance program and preemption, which was decided unanimously in our client’s favor.
Mutual Pharm. Co. v. Bartlett, 133 S. Ct. 2466 (2013); PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011). Successfully represented group of amici in support of certiorari and on the merits in a pair of Supreme Court cases involving preemption of state-law product liability claims.
In re Trans Union Corp. Privacy Litig., Nos. 11-3030, 11-3163 (7th Cir. 2012). Successfully represented law firm in post-judgment proceedings and on appeal, obtaining affirmance of district court decisions rejecting attempts by class counsel to thwart litigation of tens of thousands of individual claims preserved by a prior class action settlement.
Caraco Pharm. Labs., Ltd. v. Novo Nordisk A/S, 566 U.S. 399 (2012). Joined team to help respond to jurisdictional challenge raised during merits briefing, which we did successfully.
Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012). Successfully represented numerous religious organizations as amici in support of certiorari and on the merits on the prevailing side of a case involving the “ministerial exception”—a First Amendment rule that requires secular courts to abstain from certain employment disputes between religious institutions and their leaders.
Rector, Wardens & Vestrymen of Christ Church in Savannah v. Bishop of Episcopal Diocese of Georgia, No. 11-1166, cert. pet. dismissed (2012); Gauss v. The Protestant Episcopal Church, No. 11-1139, cert. denied (2012). In separate cases from the Georgia and Connecticut Supreme Courts, represented local churches seeking review of whether the First Amendment requires civil courts to enforce denominational trust provisions, regardless of whether such provisions would be legally cognizable under generally applicable rules of state property law.
United States v. Caremark Inc., 634 F.3d 808 (5th Cir. 2011) (argued); Texas v. Caremark Inc., 584 F.3d 655 (5th Cir. 2009) (argued). Successfully represented defendant in interlocutory appeals arising from litigation under the federal False Claims Act and similar state laws. The Fifth Circuit agreed that a sovereign immunity defense should be addressed by the district court in the first instance. On remand, the district court ruled in defendant’s favor. In subsequent appeals by the United States and a group of States, the Fifth Circuit affirmed in substantial part decisions granting partial summary judgment against claims that defendant improperly denied reimbursement requests from state Medicaid agencies.
FTC v. Trudeau, 662 F.3d 947 (7th Cir. 2011), cert. denied (2012). Represented New York Times #1 best-selling author in commercial speech case involving a consent decree and $37.6 million civil contempt sanction.
United States v. All Assets Held At Bank Julius Baer & Co., No. 11-5139 (D.C. Cir. 2011). Represented claimant on appeal in forfeiture action arising from theft and fraud by former Prime Minister of Ukraine.
In re Great Lakes Dredge & Dock Co., 624 F.3d 201 (5th Cir. 2010) (argued); Ackerson v. Bean Dredging LLC, 589 F.3d 196 (5th Cir. 2009) (argued). Successfully defeated multi-billion dollar claims charging essentially the entire Gulf Coast dredging industry with responsibility for the devastation of New Orleans following Hurricane Katrina. The claims were based on dredging work performed in the Mississippi River Gulf Outlet under contracts with the U.S. Army Corps of Engineers.
Bayer Schering Pharma AG v. Barr Labs., 575 F.3d 1341 (Fed. Cir. 2009), cert. denied (2010). Successfully represented generic drug manufacturer in a patent appeal involving the obviousness rule and an oral contraceptive. Also successfully opposed petitions for rehearing en banc and certiorari.
In re '318 Patent Infringement Litig., 583 F.3d 1317 (Fed. Cir. 2009). Successfully represented generic drug manufacturer on appeal in patent case involving enablement and a method-of-use patent on a treatment for Alzheimer’s disease.
Forest Labs., Inc. v. Caraco Pharm. Labs., Ltd., cert. denied, 129 S. Ct. 1316 (2009). Successfully opposed petition for certiorari in a case concerning Article III jurisdiction under the Hatch-Waxman Act where a patent-holder covenants not to sue, but its refusal to concede non-infringement precludes a generic drug manufacturer from obtaining the FDA approval necessary to enter the market.
Mikolajczyk v. Ford, 231 Ill.2d 516 (2008). Successfully represented Ford in appeal of a $27 million jury award in a strict product liability design defect case. The Illinois Supreme Court reversed the verdict and ordered a new trial.
Baylor v. United States, No. 07-1461 (U.S. 2008). Represented several amici in support of certiorari in a case challenging the use of the Hobbs Act to prosecute local crimes that have minimal impact on interstate commerce.
United States v. Bourke, No. 05-CR-518 (S.D.N.Y.) (pretrial proceedings in 2007-2008). Prepared motions and jury instructions as part of representation of criminal defendant charged with unlawful conspiracy and violations of the Foreign Corrupt Practices Act and federal money laundering laws.
United States ex rel. Fowler v. Caremark Rx, LLC, 496 F.3d 730 (7th Cir. 2007), cert. denied (2008). Successfully obtained and defended dismissal of a suit brought under the False Claims Act alleging fraud and bad business practices related to the provision of pharmaceutical benefit services to federal health insurance plans.
Pruitt v. Mote, 503 F.3d 647 (7th Cir. 2007) (en banc) (argued). In prisoner-abuse case, successfully obtained a new trial based on district court’s failure to recruit counsel pursuant to 28 U.S.C. § 1915. Following a 2-1 defeat at the panel stage, obtained a unanimous decision in our client’s favor from the en banc court.
Cady v. Sheahan, 467 F.3d 1057 (7th Cir. 2006) (argued). Represented client challenging the decision by several police officers to stop and search him outside a Cook County courthouse.
United States v. Duran, 407 F.3d 828 (7th Cir. 2004) (argued). Represented individual on direct appeal from criminal conviction on gun and drug charges arising out of drug distribution conspiracy. The court agreed that certain evidence was improperly admitted, and that the jury instructions were flawed, but held that the errors did not require reversal. The court also agreed that Mr. Duran’s sentence violated the Sixth Amendment, and remanded for resentencing.