Appellate & Supreme Court

Experience Highlights

• Public official, Kevin Lindke, in 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)

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

• Neil Dupree, a former correctional officer lieutenant, in obtaining certiorari and winning 9-0 in the Supreme Court in opinion interpreting the Federal Rules of Civil Procedure. Dupree v. Younger, 598 U.S. 729 (2023)

• Gorgi Talevski, a deceased Medicare enrollee, in winning 7-2 victory in the Supreme Court in an 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).