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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.

  • Unprecedented Supreme Court win record. Our practice is chaired by Lisa S. Blatt, who has argued 35 cases before the Supreme Court, prevailing in 33.
  • Powerful bench of appellate professionals. Clients seek the distinctive experience of our team, which includes a veteran of the Solicitor General's office, former law clerks on the Supreme Court and nearly every US circuit court of appeals, the former head of criminal appeals for the US Attorney's Office in the S.D.N.Y., a former president of the California Academy of Appellate Lawyers, and American Lawyer's "Litigator of the Week" and Best Lawyers' "Lawyer of the Year" for Denver Appellate Practice.
  • 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.

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).

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.

GlaxoSmithKline SmithKline Beecham Corp. v. Abbott Laboratories, 740 F.3d 471 (9th Cir. 2013)

Represented GlaxoSmithKline in this landmark case regarding whether jurors can be struck on the basis of sexual orientation.

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Perspectives

INSIGHT: The Prospects for Pharmaceutical Preemption in the Supreme Court (pdf)
Bloomberg Law
Supreme Court Nominee Brett Kavanaugh's Antitrust Record
Advisory
Supreme Court Overturns Federal Prohibition on State Authorization of Sports Wagering Under the Professional and Amateur Sports Protection Act
Advisory
Fed. Circ. Implies Narrowing Of Claims Court Jurisdiction
Appellate Law360, Government Contracts Law360, Real Estate Law360, White Collar Law360
Fed. Circ. To Decide Future Of Commercial Item Contracting
Aerospace & Defense Law360, Appellate Law360, Government Contracts Law360
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Recognition

The National Law Journal
"Appellate Hot List" (2010, 2013-2017)
Lisa Blatt named one of "The 100 Most Influential Lawyers" (2013) and an "Appellate Lawyer of the Week" (2010)
Chambers USA
Appellate Law (Nationwide) (2013-2018)
Litigation: Appellate (California) (2012-2018)
The Legal 500 US
Named among the best Supreme Court and Appellate practices. Lisa Blatt was named a "Leading Lawyer" for her growing reputation for US Supreme Court advocacy. Howard Cayne, Anthony Franze, and Michael Johnson were also recommended. (2012-2018)
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Overview

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