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Appellate & Supreme Court

Arnold & Porter's Appellate & Supreme Court group has earned a national reputation for winning precedent-setting appeals and dispositive motions in trial courts. Bringing sophisticated legal strategy to complex cases, our attorneys have won numerous landmark Supreme Court cases — most recently involving the First Amendment, the Federal Rules of Civil Procedure, and civil rights. Since 2021, we are 6-0 in the Supreme Court and have twice obtained certiorari to review intermediate state court decisions. We have also led high-stakes litigation in federal and state courts across the country, securing reversals of multimillion-dollar and multibillion-dollar verdicts and reshaping the legal landscape. Our appellate experience spans a broad range of business issues, including administrative, antitrust, commercial, criminal, environmental, life sciences, intellectual property, product liability, regulatory, and securities law.

  • Powerful Bench: Our team includes numerous former law clerks of the U.S. Supreme Court and federal courts of appeals; former Assistants to the U.S. Solicitor General; a former Judge of the U.S. Court of Appeals for the Third Circuit; and specialists in appellate law certified by the State Bar of California. Several attorneys on our team have argued dozens of Supreme Court cases, and our attorneys have successfully argued in every federal court of appeals.

  • Teaming With Renowned Practices: Our appellate advocates work closely with our nationally recognized attorneys in substantive areas of law to craft the most compelling arguments for our clients.

Recognized nine times on The National Law Journal 's "Appellate Hot List"
BTI Consulting Group
Most Feared in Litigation (2024)
"They have it all: trial skills, case management, and expertise in handling experts and consultants.”
Chambers USA, Client
"They're exceptionally talented lawyers that are able to provide clear guidance in difficult subject matters."
Chambers USA, Market Commentator

Experience Highlights

  • Obtaining certiorari and securing 9-0 victory in important First Amendment social media case involving government officials. Lindke v. Freed, 601 U.S. 187 (2024)

  • Obtaining certiorari from intermediate state court decision and winning 7-2 vacatur of criminal conviction in online free speech case. Counterman v. Colorado, 600 U.S. 66 (2023)

  • Obtaining certiorari and winning 9-0 in opinion interpreting the Federal Rules of Civil Procedure. Dupree v. Younger, 598 U.S. 729 (2023)

  • Winning 7-2 victory in important civil rights case. Health & Hosp. Corp. of Marion Cnty. v. Talevski, 599 U.S. 166 (2023)

  • Obtaining certiorari from intermediate state court decision and winning major separation of powers decision. Torres v. Texas Dep’t of Pub. Safety, 597 U.S. 580 (2022).

  • AstraZeneca in achieving complete victory in the Third Circuit against the government in a dispute over the federal 340B Drug Pricing Program, the nation’s second-largest prescription drug program. AstraZeneca Pharmaceuticals LP v. Secretary, United States Department of Health and Human Services, 58 F.4th 696 (3d Cir. 2023).

  • American Home Assurance Company in obtaining reversal of an $18 million judgment in the Third Circuit against an affiliate of AIG arising from faulty workmanship in the fracking of natural gas wells. American Home Assurance Co. v. Superior Well Services, Inc., 75 F.4th 184 (3d Cir. 2023).

  • The Oakland Raiders in winning dismissal of an antitrust challenge to the Oakland Raiders’ relocation to Las Vegas and preserving the judgment on appeal to the Ninth Circuit. City of Oakland v. Oakland Raiders, 20 F.4th 441 (9th Cir. 2021).

  • Sanofi and Regeneron in a complete victory before the district court, Federal Circuit, and United States Supreme Court, preserving the clients’ ability to continue to market its life-saving cholesterol-reducing drug Praluent. Amgen Inc. v. Sanofi, 143 S. Ct. 1243 (2023)

  • BP in persuading the Fifth Circuit to reverse a $77 million judgment in longstanding litigation concerning claims for alleged lost business profits resulting from the 2010 Deepwater Horizon oil spill. O'Brien's Response Management LLC v. BP Exploration & Production Inc., 24 F.4th 422 (5th Cir. 2022).

Language - English

Focus Areas

Key Contacts

John P. Elwood
John P. Elwood
Partner
Washington, D.C.
+1 202.942.5992
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Recognition

  • Chambers USA
    Appellate Law – Nationwide (2024)
    Litigation: Appellate – California (2024)
  • The National Law Journal
    "Appellate Hot List" (2023), recognized for the 9th year.
  • Law360
    "Practice Group of the Year" (2023)
    "Firms That Dominated the Federal Circuit"
    Litigation Powerhouse
  • BTI Consulting Group
    Intimidating Opponent in Litigation (2025)
    Complex Commercial Litigation Powerhouses (2024)
    Most Feared in Litigation (2024)
  • U.S. News & World Report and Best Lawyers
    "Best Law Firms" for Appellate Practice – Washington, D.C., National, New Jersey, San Francisco (2025)
    "Best Law Firms" for Bet-the-Company Litigation – San Francisco (2025)
    "Best Law Firms" for Litigation - Insurance – Colorado (2023)
  • The Legal 500 US
    Appellate: Courts of Appeals (2024)
    Appellate: Supreme Courts (states and federal) (2024)
  • Financial Times Innovative Lawyers
    “Standout” Innovative Lawyers in the Supreme Court (2023)
  • LMG Life Sciences
    Impact Case of the Year: Hologic v. Minerva
  • Washingtonian Magazine
    "Top Lawyers" Supreme Court