Appeals

Hunton Andrews Kurth LLP has been named to The National Law Journal’s Appellate Hot List for four straight years (2019-2022).

Overview

Led by a former state solicitor general, Hunton Andrews Kurth LLP has an accomplished Issues and Appeals practice. We have represented clients in federal and state appellate courts nationwide, including in the Supreme Court of the United States and in every federal court of appeals. Among the firm’s lawyers are a former justice of the Supreme Court of Texas, a former judge of the US Court of Appeals for the DC Circuit and more than 30 who have clerked for federal and state appellate judges throughout the country, including US Supreme Court Justice Clarence Thomas. Members of the team have received numerous accolades, including invitations to join the American Academy of Appellate Lawyers and the American Law Institute, as well as rankings in Chambers USA, Benchmark Litigation, the National Law Journal, Super Lawyers, and Virginia Business magazine.

Our Issues and Appeals team extracts the essence of a dispute and develops arguments on appeal, often collaborating with the firm’s or the client’s legal subject-matter experts. No time is too early to get an appellate lawyer onto the team. Our appellate lawyers are often engaged at the trial court level and before federal agencies, working seamlessly with trial and regulatory counsel to develop persuasive arguments, to craft compelling pre- and post-trial briefs, and to ensure that key arguments are preserved for appeal.

The practice group also provides independent assessments of litigation when the firm did not serve as trial counsel or when the firm is not lead counsel on appeal. We objectively evaluate the prospects of success on appeal and counsel our clients about which arguments are likely to yield the best results. We offer a fresh set of eyes on the best issues to pursue and how best to frame the case on appeal.

We are routinely involved in high-profile appeals. Representative experience, both in government and private practice, includes:

Supreme Court of the United States

  • Sackett v. EPA, 143 S. Ct. 1322 (2023) (represented amicus curiae in advancing an interpretation of the geographic reach of permitting requirements under the Clean Water Act that was adopted by the Supreme Court)
  • West Virginia v. EPA, 142 S.Ct. 420 (2022) (obtained reversal in landmark decision finding EPA exceeded its statutory authority under the “Major Questions Doctrine”)
  • Louisiana v. American Rivers, 142 S. Ct. 1347 (2022) (won first-of-its-kind stay of district court order vacating agency rule without making any finding that the rule is unlawful)
  • New York State Rifle & Pistol Ass’n Inc. v. Bruen, 142 S. Ct. 2111 (2022) (represented the Asian Pacific American Gun Owners Association in filing an amicus brief cited in concurring opinion)
  • US Army Corps of Engineers, et al. v. N. Plains Res. Council, et al., 141 S.Ct. 190 (2020) (won a stay of a nationwide injunction of a critical nationwide permit under the Clean Water Act)
  • County of Maui v. Hawai‘i Wildlife Fund, 139 S. Ct. 1164 (2020) (obtained certiorari and successfully argued for vacatur of lower court judgment requiring federal permit under Clean Water Act for discharge into navigable waters)
  • Currier v. Virginia, 138 S. Ct. 2144 (2018) (holding that criminal defendants waive their right to argue double jeopardy if they agree at the outset to multiple trials)
  • Christie v. Nat’l Collegiate Athletic Ass’n, 137 S. Ct. 2327 (2017) (lead counsel for five states as amici curiae successfully obtaining grant of certiorari, over opposition by the United States, in constitutional challenge to a federal statute concerning sports gambling)
  • Trump v. Int’l Refugee Assistance Project, 137 S. Ct. 2080 (2017) (authored Virginia’s amicus brief in the Supreme Court and the 4th Circuit supporting preliminary injunction against President Trump’s six-country travel ban, joined by 16 other state attorneys general)
  • Virginia v. LeBlanc, 137 S. Ct. 1726 (2017) (obtained summary reversal of 4th Circuit’s decision invalidating Virginia’s use of geriatric release to comply with 8th Amendment’s prohibition on life-without-parole sentences for juvenile nonhomicide offenders)
  • US Army Corps of Eng’rs v. Hawkes, 136 S. Ct. 1807 (2016) (lead counsel for 23 states as amici curiae supporting respondent’s successful position in case concerning the appealability of a determination by the US Army Corps that certain waters or lands are subject to federal jurisdiction)
  • Wittman v. Personhuballah, 136 S. Ct. 1732 (2016) (dismissing challenge to district court’s holding that Virginia’s Third Congressional District was a racial gerrymander)
  • Franchise Tax Bd. of Cal. v. Hyatt, 136 S. Ct. 1277 (2016) (lead counsel for 44 states as amici curiae supporting petitioner in case where Supreme Court divided evenly on question of a state’s sovereign immunity in courts of other states)
  • West Virginia v. EPA, 136 S. Ct. 1000 (2016) (successfully obtained, as lead counsel on behalf of 29 states and state agencies, first-ever stay from US Supreme Court of an agency rule while the merits of the rule are being reviewed in lower courts)
  • Michigan v. EPA, 135 S. Ct. 2699 (2015) (successfully represented electric utility petitioners in challenge to EPA’s failure to consider cost when deciding to regulate power plants)
  • C. State Bd. of Dental Exam’rs v. FTC, 135 S. Ct. 1101 (2015) (lead counsel for 23 states as amici curiae supporting petitioner in case concerning state action immunity under the federal antitrust statutes)
  • Utility Air Regulatory Group v. EPA, 134 S. Ct. 2427 (2014) (successfully represented utility industry in securing vacatur in part of EPA regulations applying Clean Air Act permitting programs to “greenhouse gases”)
  • Abramski v. United States, 134 S. Ct. 2259 (2014) (lead counsel for 26 states and Guam as amici curiae supporting petitioner in case involving the legality of straw-purchaser firearm sales)
  • EPA v. EME Homer City Generation, LP, 134 S. Ct. 1584 (2013) (successfully represented electric utility industry and individual industry petitioners in challenges to EPA’s interstate air pollution rules)
  • AEP, et al. v. Connecticut, et al., 131 S. Ct. 2527 (2011) (successful representation of petitioner in landmark climate-change nuisance lawsuit, achieving unanimous reversal of appellate court and dismissal of all claims on remand)
  • Aetna Health Inc. v. Davila, 124 S. Ct. 2488 (2004) (obtained reversal on grounds of complete pre-emption by the Employee Retirement Income Security Act)
  • Virginia v. Maryland, 540 U.S. 56 (2003) (won historic ruling that the Compact of 1785 gives Virginia the right to use the Potomac River without Maryland’s permission)

Federal Appeals Courts

District of Columbia Circuit

  • West Virginia v. EPA, No. 16-1363 (D.C. Cir. 2016) (en banc) (argued on behalf of 27 states in a case challenging EPA’s Clean Power Plan)
  • In re Murray Energy Corp., 788 F.3d 330 (D.C. Cir. 2015) (argued on behalf of 12 states as petitioner-intervenors that EPA should be prohibited from finalizing proposed Clean Power Plan rule)
  • Wannall v. Honeywell, Inc., 775 F.3d 425 (D.C. Cir. 2014) (successfully argued for affirmance of summary judgment in asbestos case based on plaintiff’s failure to adduce expert evidence sufficient to prove causation)
  • Conference Group, LLC v. FCC, 720 F.3d 957 (D.C. Cir. 2013) (successfully defended FCC order against challenge alleging failure to provide for notice and comment)
  • TC Ravenswood, LLC v. FERC, 705 F.3d 474 (D.C. Cir. 2013) (affirming FERC order upholding NYISO electric power market mitigation measures)
  • New York Regional Interconnect, Inc. v. FERC, 634 F.3d 581 (D.C. Cir. 2011) (dismissing challenge to FERC order that denied complaint concerning tariff transmission siting provisions)
  • Comcast Corp. v. FCC, 600 F.3d 642 (D.C. Cir. 2010) (successfully challenged FCC’s first attempt at a “net neutrality” order)
  • Globalstar, Inc. v. FCC, 564 F.3d 476 (D.C. Cir. 2009) (successfully defended FCC order reassigning block of electromagnetic spectrum against challenge alleging order was arbitrary and capricious

Federal Circuit

  • Rudisill v. McDonough, 4 F. 4th 1297 (Fed. Cir. 2021) (won ruling that entitled veterans to greater benefits under GI Bill programs)
  • TecSec, Inc. v. Adobe Sys., Inc., 978 F.3d 1278 (Fed. Cir. 2020) (obtained affirmance on patent eligibility and reversal and remand on decision finding no induced infringement)
  • Duncan Parking Tech., Inc. v. IPS Group, Inc., 914 F.3d 1347 (Fed. Cir. 2019) (reversing Patent Trial and Appeal Board and invalidating parking-meter patent for failing to name a joint inventor)
  • Evans v. Bldg. Materials Corp., 858 F.3d 1377 (Fed. Cir. 2017) (affirming denial of motion to compel arbitration in patent dispute)
  • AthenaHealth, Inc. v. CareCloud Corp., 678 F. App’x 1025 (Fed. Cir. 2017) (obtained affirmance of PTAB determination of patent ineligibility)
  • TecSec, Inc. v. Adobe Sys., Inc., 658 F. App’x (Fed. Cir. 2016) (obtained reversal and remand in patent dispute involving methods and systems of multi-level encryption)
  • TecSec, Inc. v. International Business Machines, 731 F.3d 1336 (Fed. Cir. 2016) (obtained reversal of claim construction decision in patent dispute involving methods and systems of multi-level encryption)
  • Corr v. Metro. Wash. Airports Auth., 702 F.3d 1334 (Fed. Cir. 2012) (successfully defended MWAA’s position that it is not the United States for purposes of the Little Tucker Act)
  • Energy Transportation Group, Inc. v. Sonic Innovations, Inc. et al., 697 F. 3d 1342 (Fed. Cir. 2012) (obtained $31 million jury verdict for client finding willful patent infringement and awarding damages. Federal Circuit affirmed the jury’s verdict and the trial court’s post-trial rulings)

First Circuit

  • Carrasquillo–Ortiz v. Am. Airlines, Inc., 825 F.3d 73 (1st Cir. 2016) (holding that certain terminated employees were not entitled to severance payments under law of Puerto Rico)

Second Circuit

  • Woodstock Ventures LC et al. v. Woodstock Roots LLC et al., 837 F. App’x 837 (2d Cir. 2021) (successfully defended denial of preliminary injunction in trademark suit) 
  • Fisher v. Comm. on Grievances ex rel. U.S. Dist. Court for S. Dist. of N.Y., 759 F.3d 200 (2d Cir. 2014) (successfully defended decision of disciplinary committee to impose disciplinary sanctions on counsel)
  • In re U.S. Foodservice Inc. Pricing Litigation, 729 F.3d 108 (2d Cir. 2013) (affirming certification of nationwide class of restaurants, hospitals, universities, and other food service providers in large, multi-district RICO and breach-of-contract action arising out of fraudulent cost-plus pricing arrangements)
  • Butnick v. Gen. Motors Corp., 472 F. App’x 80 (2d Cir. 2012) (upholding district court’s judgment dismissing diesel-exhaust inhalation claims as preempted by the Clean Air Act)
  • Wachovia Bank, NA v. VCG Special Opportunities Master Fund, Ltd., 661 F.3d 164 (2d Cir. 2011) (successfully appealing district court’s order refusing to enjoin FINRA arbitration on ground that hedge fund was not broker-dealer’s customer within the meaning of the FINRA arbitration rule), later proceeding at 518 F. App’x 44 (2d Cir. 2013) (successfully defending attorney’s fee award)

Third Circuit

  • Litman v. Cellco P’ship, 655 F.3d 225 (3d Cir. 2011) (successfully defended arbitration clause on ground that New Jersey law forbidding class arbitration waivers was preempted by Federal Arbitration Act)
  • Auxer v. Alcoa, Inc., 406 F. App’x 600 (3d Cir. 2011) (affirming dismissal of toxic tort claims on forum non conveniens grounds)

Fourth Circuit

  • West Virginia v. EPA, 90 F.4th 323 (4th Cir. 2024) (obtained stay of EPA rule under Clean Air act on behalf of State of West Virginia)
  • Young v. SWN Prod. Co., LLC, No. 22-2050, 2024 WL 1990936 (4th Cir. May 6, 2024) (obtained dismissal for lack of appellate jurisdiction of Rule 54(b) order that failed to dispose of a “claim” and failed to expressly determine there was “no just reason for delay”)
  • Stinnie v. Holcomb, 37 F.4th 977 (4th Cir. 2022) (represented Commonwealth of Virginia in matter concerning whether plaintiffs obtaining a limited preliminary injunction but not a final judgment on the merits before voluntarily dismissing case as moot are prevailing parties entitled to attorney fees under Section 1988), rev’d, 77 F.4th 200 (4th Cir. 2023) (en banc), cert. granted sub nom. Lackey v. Stinnie, No. 23-621, 2024 WL 1706013 (U.S. Apr. 22, 2024).
  • Coal. for TJ v. Fairfax Cnty. Sch. Bd., 68 F. 4th 864 (4th Cir. 2023), cert. denied, No. 23-170, __ S. Ct. __ (Feb. 20, 2024) (successfully defended school admissions process against Equal Protection Clause challenge)
  • Blankenship v. NBCUniversal, LLC, et al., 60 F.4th 744 (4th Cir. 2023) (defended news organization against claim of defamation by former candidate for US Senate)
  • Resendiz v. Exxon Mobil Corporation, 72 F.4th 623 (4th Cir. 2023) (obtained affirmance of decision dismissing first-impression suit alleging alienage discrimination under Section 1981)
  • Dewberry Engineers Inc. v. Dewberry Group, Inc., ,77 F.4th 265 (4th Cir. 2023) (obtained affirmance of permanent injunction and multi-million-dollar damages and fee award in trademark infringement case)
  • Ramaco Resources, LLC v. Federal Insurance Company, 74 F.4th 255 (4th Cir. 2023) (obtained decision restoring multi-million-dollar insurance verdict on ground that district court misinterpreted policy language in amending the jury verdict)
  • Steven Recht v. Patrick Morrisey, 32 F.4th 395 (4th Cir. 2022) (successfully argued on behalf of amicus curiae US Chamber of Commerce in defending constitutionality of West Virginia law that prohibits attorneys from making certain misleading statements and suggestions about medications in legal advertisements)
  • Connor v. Covil Corporation, 996 F.3d 143 (4th Cir. 2021) (obtained affirmance in case adopting significant new guidance on question of substantial-factor causation in mesothelioma cases)
  • Steves and Sons, Inc. v. Jeld-Wen, Inc., 988 F.3d 690 (4th Cir. 2021) (won affirmance of first-ever district court opinion ordering divestiture at the request of a private party under the Clayton Act)
  • United States v. Loughry, 837 F. App’x 251 (4th Cir. 2021) (en banc) (won en banc review and argued to a 6-6 tie on question of jury exposure to social media during trial)
  • Young v. Equinor USA Onshore Properties, Inc., 982 F.3d 201 (4th Cir. 2020) (won landmark victory for oil and gas industry in West Virginia concerning interpretation of long-standing state court precedent)
  • Stewart v. Iancu, 912 F.3d 693 (4th Cir. 2019) (won pro bono appeal holding that Title VII’s 180-day waiting period is not a jurisdictional rule)
  • Kerpen v. Metro. Wash. Airports Auth., 907 F.3d 152 (4th Cir. 2018) (affirming dismissal of various constitutional and statutory challenges to project extending Metrorail to Dulles International Airport)
  • Lund v. Rowan Cty., N.C., 863 F.3d 268 (4th Cir. 2017) (en banc) (argued on behalf of 13 states as amici curiae on question of first impression concerning constitutionality of exclusively lawmaker-led legislative prayer at a county commission meeting)
  • Samples v. Ballard, 860 F.3d 266 (4th Cir. 2017) (persuaded 4th Circuit, in case of first impression, that federal district court need not review de novo unexhausted habeas corpus claims not previously raised in the case)
  • Virginia Uranium, LLC v. Warren, 848 F.3d 590 (4th Cir. 2017) (successfully defended Virginia’s moratorium on uranium mining against claim that it was preempted by the Atomic Energy Act)
  • Gray v. Ballard, 848 F.3d 318 (4th Cir. 2017) (argued successfully for the denial of habeas corpus in a case establishing the standard for due diligence in the 4th Circuit under 28 U.S.C. 2254(d)(1)(D))
  • Loftus v. Bobzien, 848 F.3d 278 (4th Cir. 2017) (affirming dismissal of terminated employee’s First Amendment claims)
  • Libertarian Party of Va. v. Alcorn, 826 F.3d 708 (4th Cir. 2016) (successfully defended constitutionality of candidate-ordering rules on Virginia ballots)
  • Colon Health Ctrs. of Am., LLC v. Hazel, 813 F.3d 145 (4th Cir. 2016) (successfully defended Virginia’s medical certificate-of-public-need laws against dormant-commerce-clause challenge)
  • Prieto v. Clarke, 780 F.3d 245 (4th Cir. 2015) (successfully defended conditions of confinement on Virginia’s death row against due process challenge)
  • Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014) (successfully defended Virginia Attorney General’s position that Virginia’s same-sex-marriage ban violated the 14th Amendment)
  • King v. Burwell, 759 F.3d 358 (4th Cir. 2014) (presented oral argument for Virginia as amicus in case upholding validity of premium-tax-credit assistance under the Affordable Care Act), aff’d, 135 S. Ct. 2480 (2015)
  • Corr v. Metro. Wash. Airports Auth., 740 F.3d 295 (4th Cir. 2014) (successfully defended MWAA’s use of Dulles Toll Road revenues to fund Metrorail to Dulles Airport)
  • NLRB v. Enter. Leasing Co. Se., LLC, 722 F.3d 609 (4th Cir. 2013) (successfully challenged President’s recess appointments to the NLRB as unconstitutional)
  • Dow AgroSciences LLC v. Nat’l Marine Fisheries Serv., 707 F.3d 462 (4th Cir. 2013) (successfully challenged as arbitrary and capricious a “biological opinion” issued by NMFS on the effects of certain pesticides)

Fifth Circuit

  • Clarke v. Commodity Futures Trading Comm’n, 74 F.4th 627 (5th Cir. 2023) (secured groundbreaking decision finding a “no action letter” to be a reviewable license under the APA and reversing, for the first time in decades, an “effective denial” of a preliminary injunction)
  • In re Clarke, 94 F.4th 502 (5th Cir. 2024) (obtained reversal of transfer decision under demanding mandamus review standard)
  • Emp’r Solutions Staffing Group II, LLC v. OCAHO, 833 F.3d 480 (5th Cir. 2016) (successfully reversed largest fine ICE levied against employer for failure to complete employment verification forms on ground that ICE failed to provide fair notice of its regulatory interpretation)
  • Texas v. EPA, 829 F.3d 405 (5th Cir. 2016) (successfully obtained stay of EPA final rule disapproving of Oklahoma’s and Texas’s plans for controlling regional haze)
  • Comer v. Murphy Oil USA, Inc., 718 F.3d 460 (5th Cir. 2013) (successfully asserted res judicata defense in climate-change litigation)
  • Ballard v. Devon Energy Prod. Co., L.P., 678 F.3d 360 (5th Cir. 2012) (successfully defended summary judgment involving construction of Joint Operating Agreement with “Area of Mutual Interest” provision under Montana Law).
  • Ford, Bacon & Davis, L.C. v. Travelers Ins. Co., 635 F.3d 734 (5th Cir. 2011) (obtained holding that liability coverage for asbestos claims did not follow the product line under Texas law and the terms of an asset purchase agreement).
  • Aetna Life Ins. Co. v. Methodist Hosps. of Dallas, 640 F. App'x 314 (5th Cir. 2016) (won holding that Texas prompt pay penalties do not apply to self-funded ERISA health care plans).
  • Mirant Corp. v. Potomac Electric Power Corp., 378 F.3d 511 (5th Cir. 2004) (successfully argued that a district court may authorize the rejection of an executory power contract in bankruptcy)

Sixth Circuit

  • Kentucky Chamber of Commerce v. EPA, No. 23-5345 (6th Cir. 2023) (obtained stay of EPA and US Army Corps’ 2023 “Waters of the United States” rule for members of the U.S. Chamber of Commerce and several other trade associations)
  • Star Ins. Co. v. Nat’l Union Fire Ins. Co., 656 F. App’x 240 (6th Cir. 2016) (successfully overturning arbitration award in reinsurance dispute on ground that arbitrator engaged in ex parte communications with opposing party’s counsel)
  • In re EPA, 803 F.3d 804 (6th Cir. 2015) (obtained nationwide stay on behalf of 18 states against EPA and US Army Corps’ “Waters of the United States” Rule)
  • In re Se. Milk Antitrust Lit. (Food Lion, LLC v. Dean Foods Co.), 739 F.3d 262 (6th Cir. 2014) (successfully obtained reinstatement of antitrust claims based on district court’s error in rejecting experts on geographic market and antitrust injury)
  • Obama for America v. Husted, 697 F.3d 423 (6th Cir. 2012) (represented the Ohio Secretary of State against a constitutional challenge to elimination of certain in-person early voting opportunities)

Seventh Circuit

  • Smith v. Capital One Bank (USA), NA, 845 F.3d 256 (7th Cir. 2016) (successfully defended district court’s bankruptcy ruling that the co-debtor stay did not apply despite the application of Wisconsin marital law)
  • Big Ridge, Inc. v. NLRB., 561 F. App’x 563 (7th Cir. 2014) (successfully challenged NLRB orders on ground that the Board lacked a quorum because three of its members were improperly appointed)
  • Fulton Cty. Emps. Ret. Sys. v. MGIC Inv. Corp., 675 F.3d 1047 (7th Cir. 2012) (affirming dismissal of securities-fraud class actions against mortgage-loan insurer)

Eighth Circuit

  • Red River Valley Sugarbeet Growers Ass’n v. Regan, 85 F.4th 881 (8th Cir. 2023) (represented agricultural industry groups in overturning EPA rule banning the use of chlorpyrifos on food crops as arbitrary and capricious)
  • Union Electric Co. v. EPA, No. 23-1751 (8th Cir. 2023) (obtained stay of Environmental Protection Agency rejection of Missouri state implementation plan for compliance with ozone “good neighbor” requirements)
  • Acosta v. Tyson Foods, Inc., 800 F.3d 468 (8th Cir. 2015), and Gomez v. Tyson Foods, Inc., 799 F.3d 1192 (8th Cir. 2015) (successfully appealing district courts’ failure to dismiss FLSA claims due to the plaintiffs’ failure to file consent-to-join forms and rejecting others claims brought under the Nebraska Wage Payment and Collection Act)
  • Guyton v. Tyson Foods, Inc., 767 F.3d 754 (8th Cir. 2014) (successfully defended take-nothing jury verdict in favor of employer in a certified wage-hour class action seeking compensation at a meat-processing facility for “donning and doffing” time spent by employees pre-shift, at meal periods, and post-shift; appellate opinion affirmed on the rarely used FLSA “good faith” defense to liability)
  • Lopez v. Tyson Foods, Inc., 690 F.3d 869 (8th Cir. 2012) (successfully defended take-nothing jury verdict in favor of employer in certified wage-hour class action seeking compensation at a meat-processing facility for “donning and doffing” time spent by employees pre-shift, at meal periods, and post-shift)

Ninth Circuit

  • Serna v. Northrop Grumman Sys. Corp., 2022 WL 2702569 (9th Cir. 2022) (won holding that a Plaintiff can be compelled to arbitrate based on an arbitration clause that requires arbitration of all “future” claims, even if the clause itself has expired or been superseded, and holding that factual findings by the arbitrator are beyond a court’s scope of review)
  • In re Yahoo! Inc. Customer Data Security Breach Litigation, 2022 WL 2304236 (9th Cir. 2022) (successfully defended class action settlement arising from a data breach)
  • Johnston v. Regal Entertainment Group, 787 F. App'x 413, 414 (9th Cir. 2019) (successfully won affirmance of decision, in case of first impression, refusing to require movie theaters to create closed captioning under the Americans with Disabilities Act)
  • Native Village of Kivalina v. ExxonMobil Corp., 696 F.3d 849 (9th Cir. 2012) (successfully defended against climate-change claims on ground that Clean Air Act displaced federal common law nuisance claims)

Tenth Circuit

  • Sierra Club, Inc. v. Bostick, 787 F.3d 1043 (10th Cir. 2015) (affirming district court ruling rejecting challenge to nationwide permit by the Army Corps of Engineers authorizing oil pipeline project)
  • WildEarth Guardians v. EPA, 759 F.3d 1196 (10th Cir. 2014) (rejecting challenge to federal implementation plan for reducing regional haze as applied to power plant on the Navajo Reservation in northwestern New Mexico)

Eleventh Circuit

  • Cheshire Bridge Holdings, LLC v. City of Atlanta, 15 F.4th 1362 (11th Cir. 2021) (successfully defended against facial constitutional challenge to the City of Atlanta’s zoning regulations for adult businesses)
  • Wreal, LLC v. Amazon.com, Inc., 840 F.3d 1244 (11th Cir. 2016) (affirming denial of preliminary injunction in reverse-confusion trademark dispute)
  • Caceres v. McCalla Raymer, LLC, 755 F.3d 1299 (11th Cir. 2014) (affirming dismissal of putative class action alleging claims under the Fair Debt Collection Practices Act)
  • Schwartz v. SCI Funeral Servs. of Fla., Inc., 554 F. App’x (11th Cir. 2014) (affirming district court’s exercise of removal jurisdiction and its dismissal for lack of standing)

State Appeals Courts

  • State of Alaska, Department of Education & Early Development v. Alexander, Nos. S-19083/S-19113 (Alaska S. Ct. June 28, 2024) (represented State of Alaska in overturning decision that struck down as unconstitutional public correspondence school program and allocation of state funds for students’ courses and materials in correspondence schools)
  • City of Houston v. Houston Prof’l Fire Fighters’ Ass’n, Local 341, 664 S.W.3d 790 (Tex. 2023) (obtained reversal in milestone case holding that local law was preempted by state law)
  • Gregory v. Chohan, 670 S.W.3d 546 (Tex. 2023) (helped obtain reversal of almost $16 million in noneconomic damages and new trial, with adoption of guidelines for meaningful review of such awards)
  • State v. Beaver, 22-616, 2022 WL 17038564 (W. Va. Nov. 17, 2022) (represented amici curiae in defending constitutionality of West Virginia’s education savings account law)
  • Cooper v. Gallegos, 2021 WL 234357 (Cal. Ct. App. 2021) (won unanimous reversal of trial court decision that would have required whether an exempt-status employee who was paid a salary also to receive overtime pay)
  • Carter Page v. Oath Inc., 270 A.3d 833 (Del. 2022) (successfully won affirmance of decision dismissing defamation claims by former presidential campaign advisor)
  • Diageo Dominicana v. United Brands, 314 So. 3d 295 (Fla. Dist. Ct. App. 2020) (won affirmance of trial verdict, including rejection of claimed inconsistency in jury’s verdict)
  • Kalmanowitz v. Amerada Hess Corp., 177 So. 3d 620 (Fla. Dist. Ct. App. 2016) (final per curiam victory in long-running set of franchise disputes involving multiple appeals)
  • DTRS Intercontinental Miami, LLC v. A.K. Gift Shop, Inc., 77 So. 3d 785 (Fla. Dist. Ct. App. 2012) (successfully obtained appellate order granting commercial landlord immediate possession of premises)
  • Jansen-Nichols v. Colonial Pipeline Co., 764 S.E.2d 361 (Ga. 2014) (successfully defended trial court’s ruling refusing to enjoin use of helicopters to inspect interstate pipeline)
  • Sierra Club v. Mosier, 391 P.2d 667 (Kan. 2017) (successfully defended against challenges to prevention-of-significant-deterioration permit for coal-fired electric generating facility)
  • Potomac Shores, Inc. v. River Riders, Inc., 98 A.3d 1048 (Md. Ct. Spec. App. 2014) (represented Virginia Attorney General in joint amicus filing with Maryland, successfully arguing that the Virginia-Maryland boundary along the Virginia shore of the Potomac River moves with accretion)
  • Koch v. Acker, Merrall & Condit Co., 967 N.E.2d 675 (N.Y. 2012) (reinstating claims under NY General Business Law § 349 (deceptive trade practices) and 350 (false advertising), and establishing that reliance is not an element of false advertising claims under § 350)
  • Conergics Corp. v. Dearborn Mid-West Conveyor Co., 43 N.Y.S.3d 6 (N.Y. App. Div. 2016) (reversing denial of summary judgment and holding that, in context of late notice of claim for indemnification, “actual prejudice” occurs when the delay materially deprives the indemnitor of its right to control the defense of the claim)
  • Koch v. Acker, Merrall & Condit Co., 981 N.Y.S.2d 70 (N.Y. App. Div. 2014) (winning reversal of trial court’s refusal to permit amended complaint)
  • Garrison v. Target Corporation, 869 S.E.2d 797 (S.C. 2022) (successfully petitioned for a writ of certiorari and won decision holding that defendants need not plead statutory cap to punitive damages as affirmative defense)
  • Sirius XM Radio, Inc. v. Hegar, 643 S.W.3d (Tex. 2022) (won important tax refund suit for Internet and media service providers, clarifying that law looks to the physical location of the taxpayer’s personnel and equipment)
  • Dallas/Fort Worth International Airport Board v. Vizant Technologies, LLC, 576 S.W.3d 362 (Tex. 2019) (won holding of Board’s governmental immunity from contract claims)
  • Cornerstone Healthcare Grp. Holding, Inc. v. Nautic Mgmt. VI, L.P., 493 S.W.3d 65 (Tex. 2016) (won holding that Texas may assert personal jurisdiction over hedge funds that wrongfully acquired Texas assets)
  • Boeing Co. Paxton, 466 S.W.3d 831 (Tex. 2015) (protected competitively sensitive lease information from disclosure under the Texas Public Information Act)
  • Bostic v. Georgia-Pacific Corp., 439 S.W.3d 332 (Tex. 2014) (submitted amicus brief supporting rejection of “any exposure” theory to prove causation in mesothelioma case)
  • Christus Health Gulf Coast v. Aetna, Inc., 397 S.W.3d 651 (Tex. 2013) (won ruling that HMO and parent corporation not liable for claims left unpaid by intermediary with whom hospitals had contracted)
  • University of Ala. v. Suder Found., 2017 WL 655948 (Tex. App. 2017) (successfully obtained dismissal of out-of-state university for lack of personal jurisdiction on special appearance interlocutory appeal)
  • Neal v. Fairfax Cty. Police Dep’t, 849 S.E.2d 123 (Va. 2020) (overturned injunction that stopped police from storing license-plate data collected by Automated License Plate Reader (ALPR) cameras mounted on patrol cars, a common law-enforcement practice nationwide)
  • Osburn v. Virginia Dep’t of Alcoholic Beverage Control, 810 S.E.2d 262 (Va. 2018) (in case of first impression, successfully defending ABC’s authority to search premises of license applicants)
  • Old Dominion Comm. for Fair Utility Rates v. State Corp. Comm’n, 803 S.E.2d 758 (Va. 2017) (successfully defended constitutionality of 2015 law postponing SCC’s biennial reviews of base electric rates)
  • Palmer v. Atl. Coast Pipeline, LLC, 801 S.E.2d 414 (Va. 2017) (successfully defended constitutionality of Virginia’s statute allowing entry on land for surveys preparatory to possible condemnation)
  • Daily Press, LLC v. Office of Exec. Sec’y of the Sup. Ct. of Va., 800 S.E.2d 822 (Va. 2017) (successfully defended OES’s position that it was not the custodian of records for electronic data stored on behalf of circuit clerks)
  • Lafferty v. Sch. Bd. of Fairfax Cty., 798 S.E.2d 164 (Va. 2017) (affirming dismissal for lack of standing in challenge to school board’s expansion of its anti-discrimination policy)
  • Clark v. Va. Dep’t of State Police, 793 S.E.2d 1 (Va. 2016) (successfully defended Virginia’s position that state agencies have immunity from private-damage suits under federal USERRA statute), denied, 137 S. Ct. 2149 (2017)
  • Board of Supervisors v. State Corp. Comm’n, 790 S.E.2d 460 (Va. 2016) (successfully defended challenge to toll rates on the Dulles Greenway)
  • City of Richmond v. Va. Elec. & Power Co., 787 S.E.2d 161 (Va. 2016) (successfully defended ruling that barred city from taxing natural gas consumed solely for the purpose of generating electricity)
  • Blount v. Clarke, 782 S.E.2d 152 (Va. 2016) (successfully defended constitutionality of partial pardon issued by the Governor of Virginia)
  • Butler v. Fairfax Cty. Sch. Bd., 780 S.E.2d 277 (Va. 2015) (affirming trial court’s ruling that Virginia school boards may not hire felons)
  • Anheuser-Busch Companies, Inc. v. Cantrell, 770 S.E.2d 499 (Va. 2015) (won reversal of trial court’s grant of plaintiff’s nonsuit motion after defendants’ dispositive motions had been briefed, argued, and taken under advisement but not yet decided)
  • Payne v. Fairfax Cty. Sch. Bd., 764 S.E.2d 40 (Va. 2014) (affirming trial court’s ruling that Virginia school boards need not provide a hearing to support employees before issuing short-term unpaid suspensions)
  • Elizabeth River Crossings OpCo, LLC v. Meeks, 749 S.E.2d 176 (Va. 2013) (successfully defended constitutionality of Virginia’s Public-Private Transportation Act, reversing trial court’s ruling invalidating the tolls on the Midtown Tunnel project in Hampton Roads)
  • Ford Motor Co. v. Boomer, 736 S.E.2d 724 (Va. 2013) (won reversal of wrongful-death jury award in case rejecting the substantial-contributing-factor test to prove causation in asbestos cases in favor of the more demanding sufficient-to-have-caused standard)
  • Appalachian Power Co. v. State Corp. Comm’n, 733 S.E.2d 250 (Va. 2012) (obtained reversal of SCC interpretation and application of environmental rate-adjustment clause)
  • Hill v. Fairfax Cty. Sch. Bd., 727 S.E.2d 75 (Va. 2012) (successfully defended trial court’s ruling that seriatim emails among public board members did not constitute a “meeting” under Virginia’s open-meeting laws)
  • City of Richmond v. SunTrust Bank, 722 S.E.2d 268 (Va. 2012) (successfully defended trial court’s decision overturning assessment of real estate taxes on property jointly owned by bank and housing authority)
  • Wal-Mart Stores East, L.P. v. Ankrom, 854 S.E.2d 437 (W. Va. 2020) (defeated appeal of counterclaim concerning interpretation of statute relating to contributory negligence)
  • State ex rel. Blankenship v. Warner, 825 S.E.2d 309 (W. Va. 2018) (successfully argued in defense of constitutionality of West Virginia “sore loser law” that prevents unsuccessful primary election candidates from running as nomination-certificate candidates in general election)
  • McNair v. Johnson & Johnson, 818 S.E.2d 852 (W. Va. 2018) (argued successfully that West Virginia should not adopt new theory of innovator liability seeking tort relief against drug manufacturers for products they did not make or sell)
  • St. Mary’s Medical Center, Inc. v. Steel of West Virginia, Inc., 809 S.E.2d 708 (W. Va. 2018) (successfully obtained, in case of first impression, reversal of order compelling West Virginia Attorney General to disclose antitrust investigation documents under state Freedom of Information Act)
  • Morrisey v. W. Va. AFL-CIO, 804 S.E.2d 883 (W. Va. 2017) (successfully obtained, on behalf of State of West Virginia and West Virginia Attorney General, reversal of preliminary injunction issued against state’s right-to-work law)
  • State ex rel. Biafore v. Tomblin, 782 S.E.2d 223 (W. Va. 2016) (argued successfully on behalf of the state of West Virginia as amicus curiae that vacancy for a resigning state senator, who had changed political parties midterm, must be filled by member of the resigning senator’s party at the time of the resignation)
  • Calvary SPV v. Morrisey, 752 S.E.2d 356 (W. Va. 2013) (argued successfully that the West Virginia Attorney General has authority to issue investigative subpoenas under the West Virginia Consumer Credit and Protection Act)

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