13 Cases Added to Next SCOTUS Docket: Meet the Lawyers
Jones Day, Kirkland & Ellis, Williams & Connolly, Stris & Maher, Morrison & Foerster, Sidley Austin and Hogan Lovells are among the firms fielding veteran advocates at the high court next term.
June 28, 2019 at 03:12 PM
6 minute read
The original version of this story was published on National Law Journal
Veteran U.S. Supreme Court advocates from Jones Day, Hogan Lovells and other major firms on Friday won the chance to make oral arguments next term, as the clock ticked on the final minutes before the justices' summer break.
The justices added 13 petitions to their argument docket on what is called their “clean-up” orders list, which was released after all decisions have been issued.
Jones Day, Kirkland & Ellis, Williams & Connolly, Stris & Maher, Morrison & Foerster, Sidley Austin and Hogan Lovells will be fielding veteran advocates at the high court next term. The justices will see quite a few familiar faces at the podium as the new term unfolds, beginning Oct. 6.
One face the justices will see a lot of is Williams & Connolly partner Lisa Blatt, who has had two petitions granted in roughly two weeks. Her Native American rights case in the term just ended—Carpenter v. Murphy—also has been set for reargument in the new term.
Justice Elena Kagan has said the court benefits from repeat advocates “who know what it is we like” and what they should and should not do.
What follows is a brief look at some of the 13 new cases:
➤➤ Kelly v. United States: A team from Jones Day petitioned the court in this dispute stemming from the New Jersey “Bridgegate” scandal. Partner Yaakov Roth, on behalf of former Gov. Chris Christie aide Bridget Kelly, asked whether a public official can “defraud” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision. Kelly is challenging her conviction and 13-month prison sentence. Sidley partner Christopher Egleson, representing William Baroni, is a respondent but had also urged the court to hear the case. Jeffrey Wall, the deputy U.S. solicitor general, represents the United States.
➤➤ Opati v. Sudan: The justices are asked whether the Foreign Sovereign Immunities Act applies retroactively, permitting an award of punitive damages against foreign states for terrorist activities. Steven Perles of the Perles Law Firm represents U.S. government employees killed or injured in the Aug. 7, 1998, bombing of the U.S. embassies in Nairobi, Kenya and Dar-es-Salaam, Tanzania, and their family members. Christopher Curran of White & Case is counsel to Sudan.
➤➤ Thole v. U.S. Bank N.A.: This major ERISA case asks the justices whether a plan participant or beneficiary can seek injunctive relief and restoration of plan losses for fiduciary misconduct without demonstrating individual financial loss or the imminent risk. Peter Stris of Los Angeles' Stris & Maher represents Thole. Joseph Palmore of Morrison & Foerster is counsel to U.S. Bank.
➤➤ GE Energy Power Conversion v. Outokumpu Stainless: This arbitration case centers on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Jones Day's Shay Dvoretzky will argue for GE. E. Travis Ramey of Burr & Forman in Birmingham, Alabama, is opposing counsel.
➤➤ Romag Fasteners v. Fossil: This trademark infringement challenge has Lisa Blatt as counsel for Romag, and Jeffrey Dupler of New York's Gibney, Anthony & Flaherty for Fossil Inc.
➤➤ Lucky Brand Dungarees v. Marcel Fashions: Kirkland & Ellis partner Dale Cendali brought this trademark infringement case to the high court. Representing Marcel is Olivera Medenica of New York's Dunnington Bartholow & Miller.
➤➤ Rodriguez v. FDIC: Hogan Lovells partner Neal Katyal returns with a case asking whether courts should determine ownership of a tax refund paid to an affiliated group based on the federal common-law “Bob Richards rule,” or based on the law of the relevant state. U.S. Solicitor General Noel Francisco represents the Federal Deposit Insurance Corporation.
➤➤ Department of Homeland Security v. Regents, University of California: The justices consolidated three cases in which they will decide the legality of the Trump administration's decision to wind down the so-called DACA program. Francisco filed the petition. Covington & Burling partner Robert Long represents the regents. In Trump v. NAACP, Jenner & Block's Lindsay Harrison is counsel to the National Association for the Advancement of Colored People. And in McAlleenan v. Vidal, Michael Wishnie of the Jerome N. Frak Legal Services Organization represents Martin Vidal along with New York Solicitor General Barbara Underwood on behalf of New York and 15 states and the District of Columbia.
There were some not-so-familiar advocates in Friday's lineup. Erica Smith of the Institute for Justice is counsel for the petitioner in Espinoza v. Montana Department of Revenue, a religion and equal protection challenge to that state's student-aid program which bars aid to students attending religious schools. Special Assistant Attorney General Daniel Whyte represents the state.
Joseph Magri of Merkle & Magri in Tampa, Florida, is counsel in Babb v. Wilkie, a federal sector Age Discrimination in Employment Act challenge. Francisco represents Veterans Affairs Secretary Robert Wilkie.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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