Appellate argument experience

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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. 

 

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.

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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.

 

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.

 

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.

 

Rubin v. Islamic Republic of Iran, 830 F.3d 470 (7th Cir. 2016) (cert. pet. pending), 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.

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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.

 

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