RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.
Federal Courts of Appeals and State Supreme Courts
United States ex rel. Ahumada v. NISH, et al., 756 F.3d 268 (4th Cir. 2014)
(briefed and argued) The Fourth Circuit affirmed dismissal of a False Claims Act case against our client and others based on the public disclosure bar and pleading rules.
Dunlap v. Cottman Transmission Systems, Inc., 287 Va. 207 (2014)
(briefed and argued) The Supreme Court of Virginia answered two certified questions about Virginia’s business tort conspiracy statute wholly in our client’s favor.
In re A.L.C. and E.R.S.C. (Carlwig v. Carlwig), No. 14-55671, [decision pending] (9th Cir.)
(briefed and argued). After briefing and argument, awaiting decision from the Ninth Circuit on an issue of first impression regarding newborn infants under the Hague Convention on the Civil Aspects of International Child Abduction.
In re Grand Jury Subpoena (Under Seal), No. ___, (Cir. 2014)
(briefed, no argument) In an expedited appeal of a case largely under seal, after full briefing the federal court of appeals preserved our client’s privacy interest by accepting our contention that appellate jurisdiction was lacking.
Cruz v. T.D. Bank, N.A., 742 F.3d 520 (2d Cir. 2013) and Cruz v. T.D. Bank, N.A., 22 N.Y.3d 61 (N.Y. 2013)
(briefed) The New York Court of Appeals ruled, on certified question, in our client’s favor that New York law governing freezing debtors’ bank accounts carried no implied private right of action against banks.
Board of Supervisors of Fluvanna County v. Davenport & Co., LLC, 285 Va. 580 (2013)
(briefed) The Supreme Court of Virginia ruled on a constitutional issue of first impression regarding the nature of immunity for members of local government bodies.
Wolf v. Fed. Nat’l Mortg. Ass’n, 512 Fed. Appx. 336 (4th Cir. 2013)
U.S. Supreme Court
(briefed) The Fourth Circuit affirmed the dismissal of a TILA claim brought against our client.
Missouri ex rel. KCP&L v. Missouri Pub. Serv. Comm’n, 13-787 (U.S., cert. denied, 2014)
(briefed at petition stage) Secured a call for the views of the Solicitor General (CVSG) on a certiorari petition from a decision of the intermediate Missouri appellate court. Petition of the Day on Scotusblog. Petition: 2013 WL 690477.
Burwell et al. v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014)
(briefed as amicus) Represented 15 members of the U.S. Congress in an amicus brief describing the purpose of the Religious Freedom Restoration Act of 1993 and urging that the contraceptives mandate violated the “super-statute” RFRA. The Supreme Court struck down the contraceptives mandate. Amicus brief at 2014 WL 333886.
Plumley v. Austin, 135 S.Ct. 828 (2015) (dissent from the denial of certiorari)
(briefed as amicus supporting certiorari) Represented retired federal judges urging the Court to grant certiorari of a Fourth Circuit decision expanding the presumption of judicial vindictiveness. The case was Petition of the Day on Scotusblog, November 18, 2014. The Court denied certiorari over a widely publicized dissent from Justices Thomas and Scalia, which embraced the amicus arguments. Amicus brief at 2014 WL 5077242.
McCullen v. Coakley, 134 S.Ct. 2518 (2014)
(briefed as amicus) Represented 7 distinguished law professors addressing the freedom of speech in the abortion context, contending that the Massachusetts buffer zone violated the First Amendment. The Supreme Court found the law unconstitutional. Amicus brief at 2013 WL 5274831.
Holt v. Hobbs, 135 S.Ct. 853 (2015)
(briefed as amicus) Represented 5 reformed prisoners informing the Court of the beneficial impact of religious freedom and practice in prison. Amicus brief at 2014 WL 2506631.
Coleman v. Tollefson, 13-1333 (argued February 2015)
(briefed as amicus) Represented 33 professors discussing the purposes and intended and unintended effects of the Prison Litigation Reform Act. Amicus brief at 2014 WL 7205509.