Cases
Noteworthy Representations: Lead Counsel for National Credit Union Administration, as liquidating agent, in lawsuits against Bank of America, Barclays, Bear Sterns, Countrywide, Credit Suisse, Goldman Sachs, JP Morgan, Merrill Lynch, Morgan Stanley, Nomura, Royal Bank of Scotl
, UBS, Wachovia
Washington Mutual
Apple Inc. v. Pepper, et al., successfully argued that iPhone owners may sue Apple as direct purchasers under 4 of the Clayton Act
Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), for monopolizing the market for iPhone apps
Tyson Foods v. Bouaphakeo, 135 S. Ct. 2806 (2015) - successfully represented workers in meat processing plant in upholding class certification in case for overtime pay under Fair Labor St
ards Act
Tibble v. Edison Int'l, 135 S. Ct. 1823 (2015) - successfully represented members of ERISA plan asserting breach of fiduciary duty against statute of limitations defense
Mississippi v. Tennessee, No. 143 Original - represent Tennessee in boundary dispute over Memphis S
s Aquifer
Amgen Inc., et al. v. Connecticut Retirement Plans
Trust Funds, 133 S. Ct. 1184 (2013) - successfully represented investors in securities class action on principle that materiality need not be proved at class certification stage
Pacific Operators Offshore, LLP, et al. v. Luisa L. Valladolid, et al., 132 S. Ct. 680 (2012) - successfully represented widow of Mexican-American roustabout on oil drilling platform to obtain spousal death benefits under OCSLA
CSX Transportation Inc. v. McBride, 131 S. Ct. 2630 (2011) - successfully represented rail worker in rejecting railroad's assertion that proximate cause needs to be proved under FELA
Matrixx Initiatives, Inc. v. Siracusano, 131 S. Ct. 1309 (2011) - successfully represented investors in establishing that materiality in securities fraud case is not established solely by statistical significance of drug adverse event reports
Merck v. Reynolds, 130 S. Ct. 1784 (2010) - successfully represented investors in case defining when statute of limitations arises in securities cases
Jones v. Harris Associates, 130 S. Ct. 1418 (2010) - successfully represented mutual fund investors in case defining when fund advisor breaches fiduciary duty to investors
South Carolina v. North Carolina, 130 S. Ct. 854 (2010) - successfully represented South Carolina in obtaining settlement for additional water in boundary dispute with North Carolina
14 Penn Plaza v. Pyett, 556 U.S. 247 (2009) - represented union members in age discrimination case involving arbitrability of claims under collective bargaining agreement
Wyeth v. Levine, 555 U.S. 555 (2009) - successfully represented woman whose arm was amputated in failure-to-warn case against preemption defense for prescription drugs
Altria v. Good, 555 U.S. 70 (2008) - successfully represented consumers against cigarette company asserting preemption defense to claims of fraudulent representations of light cigarettes
Plains Commerce Bank v. Long Family L
& Cattle Co., 554 U.S. 316 (2008) - represented Native American family in case concerning scope of tribal court jurisdiction over claims of fraud by off-reservation bank
New Jersey v. Delaware, 552 U.S. 597 (2008) - successfully represented Delaware in boundary dispute with New Jersey over licensing of liquefied natural gas facility that was to encroach across Delaware's boundary
Watson v. Philip Morris Cos., 551 U.S. 142 (2007) - successfully represented consumers in preventing tobacco company from deploying federal officer removal statute as basis for removing state-court action to federal court
Bates v. Dow AgroSciences LLC, 544 U.S. 431 (2005) - successfully represented peanut farmers whose crops had been killed by pesticides
Represented Mid-Atlantic Sports Network in matters pertaining to carriage
Washington Nationals television rights fees
Represented 35 states in common proceeding against tobacco companies arising out of Master Settlement Agreement
