Practice Focus

Anthony Franze focuses his practice on civil and appellate litigation in Arnold & Porter LLP's Washington, DC office. Mr. Franze is a member of the firm's Appellate and Supreme Court practice group and has handled numerous significant appeals before state and federal courts across the country. He has represented clients at the petition,amicus, and merits stages in the Supreme Court of the United States, including representing the defendant this term in Florida v. Powell, 130 S. Ct. 1195 (2010).  

Mr. Franze also represents clients in complex litigation matters, including multiple civil Racketeer Influenced and Corrupt Organizations Act (RICO) cases, parallel state and federal putative class actions alleging price fixing, and various government investigations. Recently, he was on the team that defeated class certification in a suit challenging an automobile insurer's underwriting processes. Beyond litigation, Mr. Franze counsels clients on contraband and brand integrity issues surrounding the distribution of consumer goods and is the editor and contributor on a forthcoming treatise on the subject. 

From 2001 to 2003, Mr. Franze was an adjunct professor at American University, Washington College of Law. Since 2004, he has been an adjunct Professor of Law for Michigan State University College of Law's semester-in-DC program, where his courses have included Federal Jurisdiction and Appellate Practice. He has published several articles in leading law journals and been a panelist and moderator at academic conferences.

 Mr. Franze is a magna cum laude graduate of Notre Dame Law School where he was a member of the Law Review.

Representative Matters

Appellate

• Kowalskiv. Tesmer, 543 U.S. 125 (2004) and Halbert v. Michigan, 545 U.S. 605 (2005). Counsel of record on behalf of the National Association of Criminal Defense Lawyers and other amici. The majority and dissenting opinions in these companion cases quoted and relied extensively on the amicus briefs.
• Davisv. Washington, 547 U.S. 813 (2006). Counsel of record on behalf of amicus the National Association of Counsel for Children on confrontation clause issues.
• Panetti v. Quaterman, 551 U.S. 930 (2007). Represented legal historians as amici concerning death penalty issue. Brief was partial focus of National Press Club briefing.
• Rothgeryv.Gillespie County, 128 S. Ct. 2578 (2008). Counsel of record on behalf of the Brennan Center, NAACP Legal Defense Fund and other amici. Majority opinion quoted and relied on the amicus brief.
• Vermont v. Brillon, 129 S. Ct. 1283 (2009). Counsel of record on behalf of American Civil Liberties Union and other amici on speedy trial issue.
• Floridav. Powell, 130 S. Ct. 1195 (2010).Co-counsel on the merits in Miranda case.

Recent Litigation

• Schoenbaum v. E.I. Dupont De Nemours and Co. Representing Monsanto in 13 consolidated antitrust putative class actions pending in the US District Court for the Eastern District of Missouri.
• Amos v. GEICO Corporation, 2008 WL 4425370 (D. Minn. Sept. 24, 2008). Defeated certification of national class action and secured dismissal of case challenging as discriminatory GEICO’s consideration of occupation and education level in underwriting.
• Pullen Seeds and Soil v. Monsanto Co. and Wade Farms, et al. v. Monsanto Co., 2007 WL 2071752 (D. Del. July 18, 2007). Co-counsel, successfully obtained dismissal of putative class actions at pre-trial stage.
• European Community v. RJR Nabisco, Inc., 424 F.3d 175 (2d. Cir. 2005). Assisted in securing dismissal of civil RICO cases brought by foreign governments as member of team representing clients at trial and appellate stages.