Washington, DC
Appeals Lawyer at Washington, DC
Practice Areas: Appeals, Constitutional, Class Action
OUTCOME:
Argued before the U.S. Supreme Court in this challenge, under the dormant Commerce Clause and Privileges & Immunities Clause, to a Virginia law limiting the right to access public records to citizens o ... f the state
OUTCOME: The Supreme Court held, 5-4, that federal law precludes states from deeming class-action bans unconscionable. The fifth vote was suppled by Justice Thomas, who "reluctantly" joined on a ground not argued by petitioner.
As lead Supreme Court counsel, briefed and argued this case for the respondent. The case arose at the intersection of three areas of the law: class actions, arbitration, and federal preemption doctrine ... . The question was whether the Federal Arbitration Act preempts state-law finding class-action bans embedded in arbitration clauses to be unconscionable. In layman's terms, the question was whether companies can ban class actions in the fine print of their contracts with consumers and employees.
OUTCOME: Won reversal on appeal, resulting in rejection of nationwide class-action settlement; defeated parties' effort to overturn that decision in Ohio Supreme Court
As lead counsel, represented eighteen consumers and national consumer group in objecting to a class action settlement in a deceptive-advertising action (briefed and argued)
OUTCOME: Contributed to successful defense of New York City’s regulation requiring posting of calorie counts on fast food menus is not preempted by the Nutrition Labeling and Education Act and does not violate the First Amendment’s prohibition on compelled spe
Lead counsel for Congressman Henry Waxman, former FDA Commissioner David Kessler, American Medical Association, American Public Health Association, American Diabetes Association, Center for Science in ... the Public Interest, professors of medicine, nutrition, and public health, and others, as amici curiae in support of New York City's landmark fast-food menu labeling ordinance. Briefed defense of the ordinance in the face of First Amendment compelled-speech and federal preemption challenges.
OUTCOME: Won unanimous U.S Supreme Court decision holding that corporations may not immediately appeal denials of attorney-client privilege claims.
The question in this case was whether the category of interlocutory appeals available under the collateral-order doctrine includes denials of attorney-client privilege claims. We represented the respon ... dents, opposing an extension of the collateral-order doctrine.
OUTCOME: Successfully defended jury verdict on appeal in a collection harassment case
As lead appellate counsel, represented consumer plaintiff after jury trial in case under the Fair Debt Collection Practices Act
OUTCOME: Won reversal of lower-court decision striking down Fair Credit Reporting Act’s statutory-damages provision as unconstitutional under the Due Process Clause (briefed and argued)
As lead appellate counsel, represented plaintiffs in consolidated class actions on appeal from a district court decision striking down the statutory damages provision of the Fair Credit Reporting Act
OUTCOME: Won constitutional due-process challenge to foreclosure of client's home
As lead appellate counsel in the Michigan Supreme Court, briefed and argued a constitutional challenge to foreclosure of our client's home
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