winning appeals

Supreme Court of the United States

• Secured a unanimous decision from the United States Supreme Court after successfully petitioning the Court for a writ of certiorari on behalf of a foreign state-owned railway regarding the Foreign Sovereign Immunity Act’s commercial activity exception. OBB Personenverkehr AG v. Sachs, 136 S. Ct. 390 (2015).
• Successfully petitioned the United States Supreme Court for a writ of certiorari and secured a unanimous decision in our client’s favor on a preemption issue. National Meat Association v. Harris, 132 S. Ct. 965 (2012).

U.S. Courts of Appeals

• Federal Circuit affirmance of favorable claim constructions and resultant finding of non-infringement of asserted patent. Esip Series 1, LLC v. Doterra Int'l, LLC, Nos. 2021-2239, 2021-2343, 2022 U.S. App. LEXIS 12634 (Fed. Cir. May 11, 2022).
• Secured dismissal in Second Circuit of claims under Section 1 of the Sherman Act and state antitrust laws. Spinner Consulting LLC v. Stone Point Capital LLC, 2021 U.S. App LEXIS 10477; 2021 WL 1382809 (2d Cir. Apr. 13, 2021). 
• In IPR proceeding and appeal, succeeded in cancelling competitors’ asserted patent claims relating to diffuser technology. ESIP Series 2, LLC v. Puzhen Life USA, LLC, 958 F.3d 1378 (Fed. Cir. 2020).
• Eighth Circuit affirmance of dismissal on behalf of broker dealer against putative class of nationwide investors. Luis v. RBC Capital Markets, LLC, 984 F.3d 575 (8th Cir. 2020).
• Ninth Circuit vacatur of district court’s dismissal of client excess insurer’s declaratory judgment claim, finding excess insurer could challenge primary insurer’s decision as to how it allocated a settlement against its limit of liability. Scottsdale Ins. Co. v. Certain Underwriters at Lloyds, Nos. 19-55502 & 19-56102, 2020 U.S. App. LEXIS 39771 (9th Cir. Dec. 18, 2020).
• Federal Circuit affirmance of dismissal of competitor’s patent infringement claims, obtaining affirmance of judgment finding asserted patent claims ineligible under 35 U.S.C. §101.Simio, LLC v. FlexSim Software Prods., 983 F.3d 1353 (Fed. Cir. 2020).
• Federal Circuit reversal of adverse summary judgment ruling in false advertising case. Wing Enters. v. Tricam Indus., 829 Fed. Appx. 508 (Fed. Cir. 2020).
• Ninth Circuit affirmance of dismissal of all claims in relation to a complex film financing arrangement. Liberty City Movie LLC v. U.S. Bank, N.A., 824 Fed. Appx. 505 (9th Cir. 2020).
• Eighth Circuit affirmance of dismissal on behalf of defendant media organization in defamation suit alleging false statements in connection with news reporting. Nelson Auto Center v. Tegna, Inc., 951 F.3d 952 (8th Cir. 2020).
• Second Circuit affirmance of dismissal with prejudice of antitrust claims for failure to allege anticompetitive conduct. Charych v. Siriusware, Inc., 790 Fed. Appx. 299 (2d Cir. 2019). 
• Eighth Circuit affirmance of qui tam action under the False Claims Act.United States ex rel. Strubbe v. Crawford Cty. Mem’l Hosp., 915 F.3d 1158 (8th Cir. 2019).
• Federal Circuit reversal of $12 million jury verdict based on claim construction in patent case. Cave Consulting Grp., LLC v. OptumInsight, Inc., 725 Fed. Appx. 988 (Fed. Cir. 2018),
• Ninth Circuit affirmance of summary judgment in defendant’s favor in qui tam action under the False Claims Act. United States ex rel. Berg v. Honeywell Int’l, Inc., 740 Fed. Appx. 535 (9th Cir. 2018).
• Secured affirmance of dismissal based on immunity from antitrust liability and under the Noerr-Pennington doctrine. AmeriCare MedServices, Inc. v. City of Anaheim, 735 Fed. Appx. 473 (9th Cir. 2018). 
• Prevailed before the Seventh Circuit Court of Appeals in Webster v. Caraway, 784 F.3d 1123 (7th Cir. 2015), after securing rehearing en banc, a rarity less likely to occur than having a petition for a writ of certiorari granted by the U.S. Supreme Court, per the Seventh Circuit ‘s Practitioner’s Handbook for Appeals.
• Seventh Circuit affirmance of district courts’  dismissal of ERISA case based on lack of “fiduciary capacity.” Larson v. United Healthcare Ins. Co., 723 F.3d 905 (7th Cir. 2013).
• Tenth Circuit affirmance of summary judgment ruling for our client on Lanham Act dispute. Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1136 (10th Cir. 2013).
• Eighth Circuit affirmance of dismissal of putative class action. E-Shops Corp. v. U.S. Bank, N.A., 678 F.3d 659 (8th Cir. 2012).

State Supreme Courts and Courts of Appeals

• Represented media clients before Minnesota Supreme Court, which held for the first time that the fair and accurate reporting privilege applies to press reports of official statements by law enforcement agencies. Larson v. Gannett Co., et al., 940 N.W. 2d 120 (Minn. 2020).
• Secured vacatur of adverse $27.7 million products liability verdict in airplane crash and remand for new trial with exclusion of expert testimony. Kedrowski v. Lycoming Engines, 933 N.W.2d 45 (Minn. 2019). 
• Represented appellant franchisor before the Washington Supreme Court on certified questions regarding interpretation of Washington franchising statute; questions answered in client’s favor. Money Mailer, LLC v. Brewer, 449 P.3d 258 (Wash. 2019).
• Successful petition to the Colorado Supreme Court, which ordered that the trial court abused its discretion when ordering the petitioner to produce his medical records for in-camera review. In re Gadeco, LLC, 415 P.3d 323 (Colo. 2018).
• Minnesota Court of Appeals’ affirmance of constitutionality of Minnesota statute allowing for the crossing or paralleling of railroad rights-of-way by utilities. In re Petition by Qwest Corp., 918 N.W.2d 578 (Minn. App. 2018).
• Secured a unanimous decision from the Washington Supreme Court in successful petition that the Court of Appeals did not give the Washington State Department of Health sufficient deference in its interpretation of the relevant regulatory language for the process for obtaining a certificate of need for an additional ambulatory surgical facility. Overlake Hostp. Ass’n v. Dep’t of Health, 239 P.3d 1095 (Wash. 2010).

Amicus Briefs

• Filed an amicus brief to the United States Supreme Court on behalf of the Texas Catholic Conference of Bishops supporting a stay of execution in a capital case, which was granted. Gutierrez v. Saenz, No. 19A1052 (U.S. Jun. 16, 2020).
• Represented the Arctic Slope Regional Corporation on amicus briefs filed to the Supreme Court of the United States to support petitioner at both the petition and merits stages in case involving the Alaska National Interest Lands Conservation Act. The Court concurred with and acknowledged the Arctic Slope Regional Corporation’s amicus brief in its unanimous opinion. Sturgeon v. Frost, 136 S. Ct. 1061, Sup. Ct. No. 14-1209 (Mar. 22, 2016).
• Filed an amicus brief to the United States Supreme Court on the merits to support Respondents in Bowman v. Monsanto, No. 11-796 (Sup. Ct.). The Court delivered a unanimous opinion for Respondent, consistent with our client’s interests.
• Filed an amicus brief on behalf of the National Congress of American Indians and Native American Finance Officers Association to support petitions for a writ of certiorari granted by the United States Supreme Court. Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak & Salazar v. Patchak, Nos. 11-246 & 11-247 (Sup. Ct.).