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Appellate and Supreme Court

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Arnold & Porter's Appellate and Supreme Court group is consistently ranked as one of the nation's top appellate practices and has established a reputation for aggressively and successfully handling high-stakes, precedent-setting appeals that protect our clients' interests across a wide range of legal areas. In the past five years alone, our attorneys have won numerous landmark Supreme Court cases securing religious freedom, state sovereignty, tax fairness, and parental rights. In federal and state courts across the country, we have obtained high-stakes victories for our clients, including reversals of multi-million—and billion—dollar verdicts, and decisions helping ensure US elections are free from unconstitutional restraints.

  • Powerful bench of appellate professionals. Clients seek the distinctive experience and creativity of our team, which includes former law clerks on the Supreme Court and the US courts of appeals, a former Assistant to the US Solicitor General, a former Associate Justice of the Appellate Division of the New York State Supreme Court, specialists in Appellate Law certified by the State Bar of California, a former president of the California Academy of Appellate Lawyers, and former legal advisors to the White House and an international tribunal.
  • Teaming with top-ranked advocates in substantive practice areas. Our appellate advocates coordinate closely with our nationally recognized attorneys in numerous global industries and areas of substantive law, including antitrust, consumer products, environmental, financial services, health care, intellectual property, life sciences, transnational litigation, and white collar criminal defense.
  • National recognition. The practice repeatedly has been recognized by The National Law Journal's Appellate "Hot List" and nationally ranked by Chambers USA, The Legal 500, and U.S. News & World Reports. Our team is regularly quoted in major media outlets for our experience in appellate law, and we prepare an influential annual report for the National Law Journal on Supreme Court amicus curiae practice every term.

Experience

Adoptive Couple Adoptive Couple v. Baby Girl, 133 S. Ct. 2552 (2013)

Represented the petitioners at the certiorari and merits stages in this child custody dispute involving the federal Indian Child Welfare Act.

Three religious hospital systems Advocate Health Care Network v. Stapleton, 137 S.Ct. 1652 (2017)

Obtained unanimous ruling that religious hospitals’ pension systems were eligible for the “church plan” exemption to the Employee Retirement Income Security Act (ERISA).

League of Women Voters League of Women Voters of Pennsylvania v. Commonwealth, No. 159-mm-2017 (Supreme Court of Pennsylvania)

Pennsylvania Supreme Court ruled the state’s congressional districting map was unconstitutional partisan gerrymander.

Oklahoma State Officials Tarrant Regional Water District v. Herrmann, 133 S. Ct. 2120 (2013)

Defended Oklahoma’s right to prevent a northern Texas water agency from diverting water located in Oklahoma back to Texas under the Red River Compact.

General Revenue Corporation Marx v. General Revenue Corp., 133 S. Ct. 1166 (2013)

Obtained ruling that prevailing defendants in Fair Debt Collection Practices Act lawsuit may recover costs, a decision of substantial importance to corporate defendants.

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Perspectives

2 Sensible Resolutions to CDA Jurisdictional Challenges
Aerospace & Defense Law360, Appellate Law360, Government Contracts Law360
Supreme Court Further Limits Class Arbitration
Advisory
Supreme Court Agrees to Hear Cases Addressing Whether Title VII Protects Against Discrimination on the Basis of Sexual Orientation and Gender Identity
Advisory
"Counterintuitive" but Perhaps Not "Absurd?"—Supreme Court Hears Argument on Whether Relators Can Take Advantage of Three-Year Tolling and Government Knowledge in FCA Cases
Qui Notes: Unlocking the False Claims Act
And Now A Word From The Panel: It's Not Just MDLs
Appellate Law360, California Law360, Class Action Law360, Competition Law360, New York Law360, Personal Injury & Medical Malpractice Law360, Product Liability Law360, Trials Law360
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Recognition

The National Law Journal
"Appellate Hot List" (2010, 2013-2018)
Chambers USA
Appellate Law (Nationwide) (2013-2019)
Litigation: Appellate (California) (2012-2019)
The Legal 500 US
Appellate (2012-2019)
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Overview

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