A Prominent Appellate Litigator
I have handled federal appeals across the country, from Southern California to New England, briefing and arguing cases before all but two of the thirteen United States Courts of Appeals.
I’ve represented parties on merits briefs in proceedings before the United States Supreme Court. See Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U.S. 175 (2015); Matrixx Initiatives, Inc. v. Siracusano, 563 U.S. 27 (2011); Dura Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336 (2005).

And I’ve filed amicus curiae or “friend of the court” briefs in numerous proceedings before the Supreme Court and elsewhere – thereby giving voice to labor unions, Taft-Hartley funds, public retirement systems, institutional investors, law professors, and religious organizations on issues of pressing importance.
Published Decisions
Here are examples of published decisions from a few of the cases on which I’ve worked:
United States Supreme Court
- Janus v. AFSCME, Council 31, 585 U.S. __, 138 S.Ct. 2584 (2018): Counsel of Record for amici curiae Faith in Public Life, religious organizations, and faith leaders supporting respondent labor union and the need for labor-union fair-share agency fees.
- Campbell-Ewald Corp. v. Gomez, 577 U.S. ___, 136 S.Ct. 663 (2016): Counsel of Record for amicus curiae NECA-IBEW Welfare Trust Fund supporting respondent, arguing that defendants should not be permitted to defeat class actions by “picking off” named plaintiffs with offers of judgment mooting their individual claims.
- Obergefell v. Hodges, 576 U.S. ___, 135 S.Ct. 2584 (2015): Counsel of Record for amici curiae California Council of Churches, California Faith for Equality, Unitarian Universalist Legislative Ministry California, Northern California Nevada Conference United Church of Christ; Southern California Nevada Conference United Church of Christ, Pacific Association of Reform Rabbis; California Network of Metropolitan Community Churches, supporting respondents and arguing for the right of same-sex couples to marry.
- Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund, 575 U.S. 175 (2015): Counsel of Record on the briefing for pension-fund respondents arguing that investors seeking relief under Securities Act of 1933 §11 do not need to establish defendants’ subjective disbelief in misleading statements of opinion contained in registered security’s registration statements.
- Hollingsworth v. Perry, 570 U.S. 693 (2013): Counsel of Record for amici curiae California Council of Churches, California Faith for Equality, Unitarian Universalist Legislative Ministry California, Northern California Nevada Conference United Church of Christ; Southern California Nevada Conference United Church of Christ, Pacific Association of Reform Rabbis; California Network of Metropolitan Community Churches supporting respondents and arguing for the right of same-sex couples to marry.
- Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 12 (2013): Co-counsel assisting Counsel-of-Record Professor Deena R. Hurwitz and the University of Virginia School of Law’s International Clinic on Human Rights on an amicus curiae brief for Professor Juan E. Mendez, United Nations Special Rapporteur on Torture, supporting Nigerian plaintiffs in litigation under the Alien Tort Statute.
- Amgen Inc. v. Connecticut Retirement Plans & Tr. Funds, 568 U.S. 455 (2013): Counsel of Record for amici curiae securities and civil-procedure law professors arguing that investors pursuing open-market securities-fraud claims in fraud-on-the-market cases are not required to prove materiality in order to obtain class certification.
- Janus Capital Group, Inc. v. First Derivative Traders, 564 U.S. 135 (2011): Counsel of Record for amicus curiae Employees’ Retirement System of the Government of the Virgin Islands supporting respondent investor concerning liability of a mutual fund adviser for false statements in the prospectuses of the mutual funds it administers.
- Matrixx Initiatives, Inc. v. Siracusano, 563 U.S. 27 (2011): On respondents’ brief successfully opposing arguments that in a securities-fraud action the materiality of information concerning a product’s potentially deleterious health effects requires a showing of statistical significance.
- Morrison v. National Australia Bank, Ltd., 561 U.S. 247 (2010): Counsel of Record for amici curiae Mn Services Vermogensbeheer B.V., et al., as foreign institutional investors arguing that foreign companies registering securities as ADRs in the United States do so to signal compliance with U.S. securities laws, and should be subject to liability for violating those laws.
- Merck & Co. v Reynolds, 559 U.S. 633 (2010): Counsel of Record for amici curiae Change to Win and the Change to Win Investment Group, arguing that 28 U.S.C. §1658(g)(1)’s limigations period for §10(b) claims, running from the “discovery of the facts constituting the violation,” does not begin to run until reasonably diligent investors should have discovered that the defendants acted with fraudulent intent.
- Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., 552 U.S. 148 (2008): On the brief for amicus curiae The Regents of the University of California as lead plaintiff on behalf of investors in the Enron Securities Litigation class action, 2006 U.S. Briefs 43, 2007 U.S. S.Ct. Briefs LEXIS 414 (June 11, 2007).
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007): Counsel of Record for amici curiae legal scholars, et al., in support of respondent, 2005 U.S. Briefs 1126, 2006 U.S. S. Ct. Briefs LEXIS 1068 (Oct. 13, 2006).
- Dura Pharmaceuticals, Inc., v. Broudo, 544 U.S. 336 (2005): On the Respondents’ Brief for plaintiff investors on loss causation in securities-fraud cases.
- Central Bank v. First Interstate Bank, 511 U.S. 164 (1994): Briefed for amicus curiae National Association of Securities and Commercial Law Attorneys (NASCAT) defending liability under Securities Exchange Act §10(b) for aiding and abetting securities fraud, 1992 U.S. Briefs 854, 1993 U.S. S.Ct. Briefs LEXIS 449 (Sept. 9, 1993).
- Musick, Peeler & Garrett v. Employers Insurance of Wausau, 508 U.S. 286 (1993): Drafted brief for amicus curiae National Association of Securities and Commercial Law Attorneys (NASCAT) opposing implied right of contribution under Securities Exchange Act §10(b), see 1992 U.S. Briefs 34, 1992 U.S. S. Ct. Briefs LEXIS 739 (Nov. 19, 1992).
U.S. Court of Appeals for the First Circuit
- Murray v. Grocery Delivery E-Services USA Inc., 55 F.4th 340 (1st Cir.2022): Briefed and argued for class member objecting to Telephone Consumer Protection Act class-action settlement where absence of separate legal representation for distinct groups of class members, the First Circuit agreed, “makes it too difficult to determine whether the settlement treated class members equitably.”
- Plumbers’ Union Local No. 12 Pension Fund v. Nomura Asset Acceptance Corp., 632 F.3d 762 (1st Cir.2011): Briefed and argued for purchasers of mortgage-backed securities appealing from dismissal with prejudice of claims under the Securities Act of 1933, obtaining a partial reversal on allegations of a wholesale abandonment of lender underwriting standards in connection the underlying mortgages, and a remand for further proceedings on Securities Act claims that the trial court had dismissed in their entirety.
U.S. Court of Appeals for the Second Circuit
- Moses v. New York Times, 79 F.4th 235 (2d Cir.2023): Briefed and argued as class member objecting to order approving class-action settlement and allocating 76% of $1.65 million cash settlement fund to attorney’s fees, when most class members would be receiving only coupons of relatively little value.
- Hyland v. Navient Corp., 48 F.4th 110 (2d Cir.2022): Briefed and argued unsuccessful appeal from class-action settlement that paid $15,000 apiece to the individual named plaintiffs, and nothing to other members of the class, but more than $2 million to a new “cy pres” public-advocacy organization.
- Fresno County Employees’ Retirement Association v. Isaacson/Weaver Family Trust, 925 F.3d 63 (2d Cir.2019): Briefed and argued appeal concerning “a novel issue of the proper principles for allocating fees awarded from a common-fund settlement.”
- Melito v. Experian Marketing Solutions, Inc., 923 F.3d 85 (2d Cir.2019): Briefed and argued appeal raising jurisdictional and other issues.
- Fait v. Regions Financial Corp., 655 F.3d 105 (2d Cir.2011): Briefed and argued unsuccessful appeal from dismissal of 1933 act claims challenging audited financial statements, the Second Circuit holding that statements of opinion are actionable under Securities Act of 1933 §11 only if subjectively disbelieved by the issuer. Overruled by Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund, 575 U.S. 175 (2015).
- Staehr v. Hartford Financial Services Group, Inc., 547 F.3d 406 (2d Cir.2008): Briefed and argued successful appeal, obtaining reversal of statute-of-limitations dismissal of securities-fraud claims.
- Teamsters Local 445 Freight Division Pension Fund v. Dynex Capital Inc., 531 F.3d 190 (2d Cir.2008): Briefed for amicus curiae Amalgamated Bank, as trustee for the Longview Funds, arguing that a corporate defendant’s scienter may be inferred even in circumstances where investors cannot demonstrate that a specific insider possessed fraudulent intent.
- In re NYSE Specialists Securities Litigation (California Public Employees’ Retirement System (CalPERS) v. New York Stock Exchange, Inc.), 503 F.3d 89 (2d Cir.2007): Briefed and argued for California Public Employees’ Retirement System (CalPERS) on behalf of investors challenging the New York Stock Exchange’s false statements regarding the integrity of the market it operated.
- In re Elevator Antitrust Litigation (Transhorn, Ltd. v. United Technologies Corp.), 502 F.3d 47 (2d Cir.2007): Briefed and argued for plaintiff-appellants, purchasers of elevators and elevator-maintenance services, unsuccessfully appealing dismissal of antitrust complaint.
- In re WorldCom Securities Litigation (California Public Employees’ Retirement System (CalPERS) v. Caboto-Gruppo Intesa, BCI), 496 F.3d 245 (2d Cir.2007): Briefed and argued for pension funds that opted out of WorldCom class action to file individual suits; successful appeal from ruling that the pension funds’ individual actions were untimely filed. (Reversing In re WorldCom Inc. Sec. Litig. (State of Alaska Dept. of Revenue v. Ebbers), 294 F. Supp. 2d 431 (S.D.N.Y.2003), and In re WorldCom Inc. Sec. Litig. (California Public Employees’ Retirement System (CalPERS) v. Ebbers), 308 F. Supp. 2d 214 (S.D.N.Y. 2004)).
U.S. Court of Appeals for the Third Circuit
- In re Constar International Inc. Securities Litigation, 585 F.3d 774 (3d Cir.2009): Briefed and argued for investor-appellees, successfully defending class-certification order over defendants’ objections that Securities Act of 1933 §11 claims should not be certified without findings concerning market efficiency.
- Alaska Electrical Pension Fund v. Pharmacia Corp., 554 F.3d 342 (3d Cir.2009): Briefed and argued successful appeal from order granting summary judgment on the timeliness of a securities-fraud complaint.
- California Public Employees’ Retirement System (CalPERS) v. The Chubb Corp., 394 F.3d 126 (3d Cir.2004): Briefed and argued for lead-plaintiff investor-appellants the California Public Employees’ Retirement System (CalPERS), New York State Common Retirement Fund, and Butler Wick Trust Company.
U.S. Court of Appeals for the Fifth Circuit
- Owens v. Jastrow, 789 F.3d 529 (5th Cir.2015): Briefed and argued for investors unsuccessfully appealing from order dismissing securities-fraud claims for failure to adequately particularize facts raising a strong inference of each defendant’s scienter.
- Fener v. Operating Engineers Construction Industry and Misc. Pension Fund (Local 66), 579 F.3d 401 (5th Cir.2009): Briefed and argued unsuccessful Rule 23(f) appeal from denial of class certification in securities-fraud case.
- The Regents of the University of California v. Credit Suisse First Boston (USA), Inc., 482 F.3d 372 (5th Cir.2007): On the briefs for lead-plaintiff/appellee The Regents of the University of California, unsuccessfully defending class-certification order in the Enron securities-fraud litigation.
- Lone Star Ladies Investment Club v. Schlotzsky’s Inc., 238 F.3d 363 (5th Cir.2001): Briefed for plaintiff-appellant investors successfully appealing dismissal of 1933 Act §11 claims.
U.S. Court of Appeals for the Sixth Circuit
- EEOC v. R.G. & G.R. Harris Funeral Homes, 884 F.3d 560 (6th Cir.2018): Briefed for amicus curiae Unitarian Universalist Association, supporting the EEOC and defending a transgender employee’s right not to be subjected to religiously motivated workplace discrimination.
- In re Morning Song Bird Food Litig. (Cyphert v. Scotts Miracle-Gro Co.), 831 F.3d 765 (6th Cir.2016): Briefed appeal for class members seeking discovery of objections to presentencing report in proceedings against Scotts Miracle-Gro.
- Indiana State District Council of Laborers and Hod Carriers Pension and Welfare Fund v. Omnicare, Inc., 719 F.3d 498 (6th Cir.2013): Briefed and argued for investors obtaining reversal of order dismissing Securities Act of 1933 §11 claims. Vacated sub nom. Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund, 575 U.S. 175 (2015).
- In re Vertrue Inc. Marketing and Sales Practices Litig., 719 F.3d 474 (6th Cir.2013): Briefed and argued for plaintiffs defending judgment that class-action claims were timely because tolled by an earlier proceeding.
- Indiana State District Council of Laborers and Hod Carriers Pension and Welfare Fund v. Omnicare, Inc., 583 F.3d 935 (6th Cir.2009): Briefed and argued appeal from dismissal of securities class action asserting claims under Securities Act of 1933 §11 and Securities Exchange Act of 1934 §10(b), obtaining partial reversal and remand limited to claims under the 1933 Act.
- Fidel v. Farley, 534 F.3d 508 (6th Cir.2008): Briefed for plaintiff class, successfully opposing objector’s contentions that his stockbroker’s failure to forward timely notice meant that class-notice procedures were inadequate.
- Fidel v. Farley, 392 F.3d 220 (6th Cir.2004): Briefed and argued for plaintiff-appellant investors, affirming dismissal of accounting-fraud claims on the ground that the facts alleged did not demonstrate auditor scienter. Overruled in part, Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007).
- New England Health Care Employees Pension Fund v. Ernst & Young, LLP, 336 F.3d 495 (6th Cir.2003): Briefed and argued for plaintiff-appellant New England Health Care Employees Pension Fund, unsuccessfully appealing dismissal of securities-fraud claims asserted against independent auditor.
U.S. Court of Appeals for the Seventh Circuit
- City of Livonia Employee Retirement System v. Boeing Co., 711 F.3d 754 (7th Cir.2013): Briefed and argued unsuccessful appeal from order dismissing securities-fraud complaint under the Private Securities Litigation Reform Act of 1995’s heightened pleading standards.
- In re Trans Union Corp. Privacy Litig. (Appeals of Jeffrey Beadle, et al,; motion by Watts Guerra Craft LLP), 664 F.3d 1081 (7th Cir.2011): Briefed for class counsel who stated they were not opposed to a law firm’s motion to be added to the docket, provided the firm would be subject to the court’s jurisdiction and bound by its decision.
- In re Trans Union Corp. Privacy Litig. (Appeal of Dawn Adams Wheelahan), 629 F.3d 741 (7th Cir.2011): Briefed and argued for class counsel defending special master’s proportional allocation of fees among counsel.
- Marshall v. H&R Block Tax Services, Inc., 564 F.3d 826 (7th Cir.2009): Briefed for respondents, unsuccessfully opposing removal of consumer class action to federal court under the Class Action Fairness Act.
- Beck v. Dobrowksi, 559 F.3d 680 (7th Cir.2009): Briefed and argued appeal unsuccessfully challenging dismissal of Securities Exchange Act of 1934 §14(a) proxy-violation claims.
- Winkler v. Gates, 481 F.3d 977 (7th Cir.2007): Briefed for Unitarian Universalist amici curiae supporting a challenge to public subsidy of the Boy Scouts of America’s program of discrimination on the basis of sexual orientation and religious belief ultimately dismissed on jurisdictional grounds.
- Illinois Municipal Retirement Fund v. CitiGroup, Inc., 391 F.3d 844 (7th Cir.2004): Successfully briefed and argued for plaintiff-appellee Illinois Municipal Retirement Fund, defending remand to state court.
- Albert v. Trans Union Corp., 346 F.3d 734 (7th Cir.2003): Briefed and argued for plaintiff-appellant consumers; appeal dismissed on jurisdictional grounds.
U.S. Court of Appeals for the Eighth Circuit
- Romine v. Acxiom Corp., 296 F.3d 701 (8th Cir.2002): Briefed and argued for plaintiff-appellant investors on appeal from Rule 12(b)(6) dismissal, affirmed over Judge Bye’s dissent.
- Parnes v. Gateway 2000, Inc., 122 F.3d 539 (8th Cir.1997): Briefed for plaintiff-appellant investors, unsuccessfully appealing from dismissal.
U.S. Court of Appeals for the Ninth Circuit
- Latta v. Otter, 771 F.3d 456 (9th Cir.2014): Of counsel on Anti-Defamation League’s amicus curiae brief for religious organizations supporting the right of same-sex couples to marry in consolidated Sevchik v. Sandoval case.
- Pickup v. Brown, 740 F.3d 1208 (9th Cir.2014): Briefed for religious amici curiae supporting constitutionality of California legislation barring health care professionals from subjecting minors to “Sexual Orientation Change Efforts”:
- California Faith for Equality
- California Council of Churches
- Justice and Witness Ministries, United Church of Christ
- The Rt. Rev. Marc Handley Andrus, Episcopal Bishop of California
- Unitarian Universalist Legislative Ministry California
- California Network of Metropolitan Community Churches
- St. Paul’s Foundation for International Reconciliation
- Makaeff v. Trump University, LLC, 715 F.3d 254 (9th Cir.2013): Briefed and argued for named plaintiff appealing from denial of an anti-SLAPP motion to dismiss counterclaim for defamation filed against her by Donald J. Trump’s so-called Trump University. En banc rehearing denied, 736 F.3d 1180 (9th Cir.2013).
- Barnes-Wallace v. City of San Diego, 704 F.3d 1067 (9th Cir.2012): Briefed for Unitarian Universalist amici curiae supporting an unsuccessful challenge to public subsidy of the Boy Scouts of America’s program of discrimination on the basis of sexual orientation and religious belief.
- Perry v. Brown, 671 F.3d 1052 (9th Cir.2012): Briefed for religious amici curiae supporting the right of same-sex couples to marry, and arguing that their right to marry poses no threat to religious-liberty interests:
- California Faith for Equality
- California Council of Churches
- General Synod of the United Church of Christ
- Universal Fellowship of Metropolitan Community Churches
- The Episcopal Bishops of California and Los Angeles
- Progressive Jewish Alliance
- Pacific Association of Reform Rabbis
- Unitarian Universalist Association
- Unitarian Universalist Legislative Ministry California
- Log Cabin Republicans v. United States, 658 F.3d 1162 (9th Cir.2011): In appeal ultimately mooted by legislative repeal of “Don’t Ask Don’t Tell,” briefed for amici curiae supporting district-court ruling that Don’t Ask Don’t Tell was unconstitutional:
- Forum on the Military Chaplaincy
- General Synod of the United Church of Christ
- The Most Reverend Katharine Jefferts Schori, Presiding Bishop of the Episcopal Church
- Universal Fellowship of Metropolitan Community Churches
- Unitarian Universalist Ministers Association
- Unitarian Universalist Association of Congregations
- Unitarian Universalist Legislative Ministry, California
- California Council of Churches
- California Faith for Equality
- Retired chaplains
- Sanford v. MemberWorks, Inc., 625 F.3d 550 (9th Cir.2010): Briefed and argued unsuccessful appeal from order dismissing consumers’ telemarketing-fraud claims.
- Hatfield v. Halifax PLC, 564 F.3d 1177 (9th Cir.2009): Briefed and argued appeal from dismissal on ground that claims were untimely, winning on behalf of a class of California residents.
- Sanford v. MemberWorks, Inc., 483 F.3d 956 (9th Cir.2007): Briefed and argued for victim of telemarketing fraud compelled to arbitrate her claims – reversing order compelling arbitration where plaintiff contested entering the purported contract containing an arbitration clause.
- Sanchez v. County of San Diego, 464 F.3d 916 (9th Cir.2006): Briefed and argued for public-assistance applicants required by county to submit to searching “home visits” by the District Attorney’s Public Assistance Fraud Investigators, en banc rehearing denied, 483 F.3d 965 (9th Cir.2007)(with eight judges dissenting), cert. denied, 552 U.S. 1038 (2007).
- Noted in the Harvard Law Review: RECENT CASE: Constitutional Law – Fourth Amendment – Ninth Circuit Upholds Conditioning Receipt of Welfare Benefits on Consent to Suspicionless Home Visits – Sanchez v. County of San Diego, 464 F.3d 916 (9th Cir.2006), 120 Harvard Law Review 1996 (2007).
- Simpson v. AOL Time Warner, Inc., 452 F.3d 1040 (9th Cir.2006): Briefed for amicus curiae The Regents of the University of California on the scope of primary liability under Securities Exchange Act §10(b). Vacated and remanded for reconsideration, sub nom. Avis Budget Group, Inc. v. California State Teachers’ Retirement System, 552 U.S. 1162 (2008), on remand sub nom. Simpson v. Homestore.com, Inc., 519 F.3d 1041 (9th Cir. 2008).
- In re Daou Systems, Inc., Securities Litigation (Sparling v. Daou), 411 F.3d 1006 (9th Cir.2005): Successfully briefed and argued for plaintiff-appellant investors appealing from dismissal of securities-fraud claims.
- Deutsch v. Turner Corp., 324 F.3d 692 (9th Cir.2003): Briefed and argued for plaintiff-appellant Chinese and Korean victims of World War II-era Japanese slave labor unsuccessfully appealing dismissal of claims as barred by foreign-affairs preemption.
- No. 84 Employer-Teamster Joint Council Pension Trust Fund v. America West Holding Corp., 320 F.3d 920 (9th Cir.2003): Briefed for plaintiff-appellant Employer-Teamster Joint Council Pension Trust Fund No. 84, successfully appealing from dismissal of securities-fraud complaint.
- In re Cavanaugh (Cavanaugh v. United States District Court), 306 F.3d 726 (9th Cir.2002): Briefed mandamus petition for investors seeking appointment as lead plaintiffs – mandamus granted.
- Chaset v. Fleer/Skybox Int’l, 300 F.3d 1083 (9th Cir.2002): Briefed and argued for plaintiff-appellant juvenile consumers and their parents unsuccessful appeal challenging trading-card companies’ alleged use of gambling devices in marketing to children.
- DSAM Global Value Fund v. Altris Software, Inc., 288 F.3d 385 (9th Cir.2002): Briefed and argued for plaintiff-appellant investors unsuccessfully appealing dismissal of securities-fraud claims against independent auditor.
- In re Vantive Corp. Sec. Litig. (Fischer v. Vantive Corp.), 283 F.3d 1079 (9th Cir.2002): Briefed for plaintiff-appellant investors unsuccessfully appealing from dismissal of securities-fraud claims.
- Ronconi v. Larkin, 253 F.3d 423 (9th Cir.2001): Briefed for plaintiff-appellant investors unsuccessfully appealing from dismissal of securities-fraud claims.
- Hertzberg v. Dignity Partners, Inc., 191 F.3d 1076 (9th Cir.1999): Briefed and argued for plaintiff-appellant investors successfully appealing dismissal of Securities Act of 1933 claims, holding that investors who purchase registered securities need not purchase in their registered offering to pursue claims under §11 for false statements in a registration statement.
- Yourish v. California Amplifier, Inc., 191 F.3d 983 (9th Cir.1999): Briefed and argued for plaintiff-appellant investors unsuccessfully appealing dismissal of securities-fraud claims.
- Berry v. Valence Technology, Inc., 175 F.3d 699 (9th Cir.1999): Briefed for plaintiff-appellant investors, successfully appealing summary judgment on the statute of limitations.
- Warshaw v. Xoma Corp., 74 F.3d 955 (9th Cir.1996): Briefed for plaintiff-appellant investors successfully appealing from dismissal of securities-fraud complaint.
- Chappell v. Robbins, 73 F.3d 918 (9th Cir.1995): Briefed and argued for plaintiff-appellant purchasers of credit-life-insurance policies, unsuccessfully appealing dismissal of RICO claims asserted against a state legislator who took bribes to sponsor legislation allowing credit-life-insurance rates to be raised.
- Fecht v. Price Co., 70 F.3d 1078 (9th Cir.1995): Briefed for plaintiff-appellant investors successfully appealing dismissal of securities-fraud claims.
- In re Washington Public Power Supply System (W.P.P.P.S) Litig. (Class Plaintiffs v. City of Seattle), 19 F.3d 1291 (9th Cir.1994): Consulted on the briefs concerning attorneys’ fee awards.
U.S. Court of Appeals for the Tenth Circuit
- In re Syngenta AG MIR 162 Corn Litigation, 61 F.4th 1126 (10th Cir.2023): Briefed and argued appeal challenging attorney’s fee allocation orders.
- Chieftain Royalty Co. v. Enervest Energy Institutional Fund XIII-A, L.P., 888 F.3d 455 (10th Cir.2017): Briefed and argued appeal successfully contending that Oklahoma law requires common-fund attorney fee awards to be calculated by the lodestar methodology, rather than permitting percentage fee awards unhinged from the lawyers’ reasonable hourly rates.
U.S. Court of Appeals for the Eleventh Circuit
- Smith v. Miorelli, 93 F.4th 1206 (11th Cir.2024): Briefed and argued for class member successfully challenging approval of a class-action settlement entered by plaintiffs who lacked Article III standing to pursue and compromise class claims for prospective injunctive relief.
- Eknes-Tucker v. Governor of Alabama, 80 F.4th 1205 (11th Cir.2023): Coauthored amicus curiae brief for religious organizations, including the Unitarian Universalist Association and Union for Reform Judaism, and faith leaders supporting families seeking to provide gender-affirming care needed by their transgender children.
- In re Equifax Inc. Customer Data Sec. Breach Litig., 999 F.3d 1247 (11th Cir.2022): In a case involving multiple consolidated appeals from approval of a class-action settlement, briefed and argued the sole successful appeal, to the extent that it obtained reversal of $230,000 in payments to the named plaintiffs that, the Eleventh Circuit had to agree, were “prohibited as a matter of law.”
- Muransky v. Godiva Chocolatier, Inc., 979 F.3d 917 (11th Cir.2020)(en banc): Successful challenge as objector to class representative’s Article III standing and ability to compromise other class members’ claims.
- Johnson v. NPAS Solutions, LLC, 975 F.3d 1244 (11th Cir.2020), en banc rehearing denied, 43 F.4th 1138 (11th Cir.2022), later appeal, 2024 WL 4142934 (11th Cir.2024): Briefed and argued successful challenge to class representative’s illegal “service award” and to district court’s inadequately explained approval of class-action settlement and award of common-fund attorney’s fees.
- Local 703, I.B. of T. Grocery & Food Employees Welfare Fund v. Regions Financial Corp., 762 F.3d 1248 (11th Cir.2014): Briefed and argued Rule 23(f) appeal from class-certification order on points of market efficiency, adequacy and typicality.
- Bryant v. Dupree, 252 F.3d 1161 (11th Cir.2001): On the briefs for plaintiff-appellant investors successfully appealing denial of leave to amend securities-fraud complaint.
- Bryant v. Avado Brands, Inc., 187 F.3d 1271 (11th Cir.1999): Briefed for plaintiff-appellee investors on interlocutory appeal to establish Eleventh Circuit pleading standards for securities-fraud cases.
U.S. Court of Appeals for the District of Columbia Circuit
- Citizens for Responsibility & Ethics in Washington v. Federal Election Commission, 55 F.4th 918 (D.C.Cir.2022): Counsel of Record for amici curiae U.S. Senators Sheldon Whitehouse of Rhode Island, Jeffrey A. Merkley of Oregon, Richard Blumenthal of Connecticut, Mazie K. Hirono of Hawaii, Elizabeth Warren of Massachusetts, and Chris Van Hollen of Maryland, supporting appellant Citizens for Responsibility and Ethics in Washington’s petition for en banc rehearing.
- American Lung Association v. EPA, 985 F.3d 914 (D.C.Cir.2021), rev’d sub nom. West Virginia v. EPA, 142 S.Ct. 2587 (2022): Counsel of Record before the District of Columbia Circuit for amici curiae U.S. Senators Sheldon Whitehouse of Rhode Island, Jeff Merkley of Oregon, Kirsten Gillibrand of New York, Brian Schatz of Hawaii, and Edward J. Markey of Massachusetts, supporting petitioners’ challenge to the Trump administration’s rollback of EPA regulation designed to reduce carbon emissions from power plants.
- City of Harper Woods Employees’ Retirement System v. Olver, 589 F.3d 1292 (D.C.Cir.2009): Briefed and argued unsuccessful appeal from dismissal of shareholder derivative suit held barred by the rule of Foss v. Harbottle, 2 Hare 461, 67 E.R. 189 (1843).
- Pirelli Armstrong Tire Corp. Retiree Medical Benefits Trust v. Raines, 534 F.3d 779 (D.C.Cir.2008): Appeal from dismissal of shareholder-derivative action, briefed for appellant shareholder on issues of federal jurisdiction and demand futility.
California Supreme Court
- Perry v. Brown, 52 Cal.4th 1116, 265 P.3d 1002, 134 Cal.Rptr.3d 499 (2011): Briefed question certified by the Ninth Circuit to the California Supreme Court concerning ballot proponents’ standing to represent the state’s interests, on behalf of amici curiae:
- California Faith for Equality
- California Council of Churches
- General Synod of the United Church of Christ
- Universal Fellowship of Metropolitan Community Churches
- The Episcopal Bishops of California and Los Angeles
- Progressive Jewish Alliance
- Pacific Association of Reform Rabbis
- Unitarian Universalist Association
- Unitarian Universalist Legislative Ministry California
- Strauss v. Horton, 46 Cal.4th 364, 377-78, 207 P.3d 48, 93 Cal.Rptr.3d 591 (2009): Briefed as amici curiae on behalf of petitioners urging the Court to invalidate Proposition 8 and to uphold same-sex marriages for:
- The California Council of Churches
- The Right Reverend Marc Handley Andrus, Episcopal Bishop of California
- The Right Reverend J. Jon Bruno, Episcopal Bishop of Los Angeles
- The General Synod of the United Church of Christ
- Northern California Nevada Conference of the United Church of Christ
- Southern California Nevada Conference of the United Church of Christ
- Progressive Jewish Alliance
- Unitarian Universalist Association of Congregations
- Unitarian Universalist Legislative Ministry California
- In re Marriage Cases, 43 Cal.4th 757, 773-78, 183 P.3d 384, 76 Cal.Rptr.3d 683 (2008): Co-counsel on the brief for religious amici curiae supporting same-sex couples’ right to marry, including:
- Affirmation: Gay and Lesbian Mormons
- Al-Fatiha Foundation
- Dignity USA
- Alliance of Baptists
- Brethren Mennonite Council for Lesbian, Gay, Bisexual and Transgender Interests, Clergy United, Inc.
- Executive Committee of the American Friends Service Committee
- Gay and Lesbian Vaishnava Association
- General Synod of the United Church of Christ
- Hebrew Union College-Institute for Judaism and Sexual Orientation
- Integrity USA
- Jewish Reconstructionist Federation
- Lutherans Concerned/North America
- More Light Presbyterians
- Muslims for Progressive Values
- National Coalition of American Nuns
- Network of Spiritual Progressives
- New Ways Ministry
- Religion-Outside-The-Box
- Religious Institute on Sexual Morality, Justice, and Healing
- Seventh-day Adventist Kinship
- International Inc.
- Soka Gakkai International-USA
- The Rabbinical Assembly
- The Union for Reform Judaism
- Unitarian Universalist Association of Congregations
- Unitarian Universalist Ministers Association
- United Centers of Spiritual Living
- Universal Fellowship of Metropolitan Community Churches
- California Faith for Equality
- The California Council of Churches
- Several hundred organizations, religious leaders, and congregations
- Mangini v. R.J. Reynolds Tobacco Co., 7 Cal.4th 1057, 875 P.2d 73, 31 Cal.Rptr.2d 358 (1994): Briefed for California citizens challenging “Joe Camel” tobacco marketing that targeted children.
- Mirkin v. Wasserman, 5 Cal. 4th 1082, 858 P.2d 568, 23 Cal.Rptr.2d 101 (1993): Briefed for plaintiff-appellant investors unsuccessfully urging the California Supreme Court to apply fraud-on-the-market principles to California common-law fraud claims.
California Courts of Appeal
- In re Marriage Cases (City and County of San Francisco v. State of California), 143 Cal.App. 4th 873, 49 Cal.Rptr.3d 675 (2006): Co-counsel on the briefs for amici curiae supporting the right of same-sex couples to marry, review granted and depublished, 149 P.3d 737; 53 Cal.Rptr.3d 317 (2006), reversed 43 Cal. 4th 757; 183 P.3d 384; 76 Cal. Rptr. 3d 683 (2008):
- Affirmation: Gay & Lesbian Mormons
- Al-Fatiha Foundation
- Dignity USA
- The Executive Committee of the American Friends Service Committee
- The United Church of Christ
- The Union for Reform Judaism
- The Unitarian Universalist Association of Congregations
- The Unitarian Universalist Legislative Ministry California
- The California Council of Churches
- Hundreds of religious leaders and organizations
- Kuykendall v. State Board of Equalization, 22 Cal.App.4th 1194, 27 Cal.Rptr.2d 783 (1994): Briefed for plaintiff-appellant taxpayers.
Illinois Appellate Court
- Lee v. Buth-Na-Bodhaige, Inc., 2019 IL App (5th) 180033, 143 N.E.3d 645: Briefed and argued appeal for class member objecting to class-action settlement, obtaining an appellate ruling that vacates the settlement because class counsel and the named plaintiff may have suffered from serious conflicts of interest and because they failed to provide sufficient evidence demonstrating that the settlement was fair and adequate.
Louisiana First Circuit Court of Appeals
- Voice of the Ex-offender v. Louisiana, 249 So.3d 857 (La.Ct.App. 1st Cir.2018), cert. denied, 255 So.3d 575 (La.2018)(Chief Justice Johnson dissenting): Co-counsel for amici curiae of historians Walter C. Stern, et al., supporting the right of released ex-offenders to vote.