A Fresh Batch of Litigator of the Week Runners-Up and Shout Outs
A team at Jenner & Block represented Native American tribes in a Supreme Court case with implications for a wide swath of federal Indian law and policy.
June 23, 2023 at 07:25 AM
6 minute read
First up we have a team at Jenner & Block led by Keith Harper, Ian Gershengorn and Lenny Powell that represented Cherokee Nation, Morongo Band of Mission Indians, and Oneida Nation in a landmark case at the U.S. Supreme Court dealing with the constitutionality of the Indian Child Welfare Act. In a 7-2 decision that has implications for a wide swath of federal Indian law and policy, the court last week affirmed Congress's power to make laws about Native American tribes and child welfare. "Congress's power to legislate with respect to Indians is well established and broad," wrote Justice Amy Coney Barrett for the majority. Harper and Powell are members of the Cherokee Nation and the Hopland Band of Pomo Indians, respectively. Powell decided to forego the typical two-month break following his federal clerkships to return to the firm to represent the tribes in the matter. Gershengorn's argument in the case was the former Acting U.S. Solicitor General's 17th before the court. The Jenner & Block team also included Victoria Hall-Palerm, Illyana Green, Matt Hellman and former partner Zach Schauf.
Runners-up honors also go to lawyers at Kirkland & Ellis and Barnes & Thornburg who helped the Chicago Cubs fend off claims that the baseball club violated the Americans with Disabilities Act. The team was accused of failing to have the minimum number of accessible seats at Wrigley Field and failing to disperse those seats horizontally around the stadium as part of a renovation project. After a bench trial in April, which involved U.S. District Judge Jorge Alonso visiting the park and viewing the accessible seats from the pitcher's mound, the judge this week found the plaintiff failed prove the club violated the ADA, concluding "it is hard to imagine a greater spread of accessible seats around the field of play." The trial team was led by Kirkland's Donna Welch and included partner Jessica Giulitto and associate Dan Murdock, with Teresa Jakubowski and John Kuenstler of Barnes & Thornburg providing ADA counsel.
Our next runners-up spot goes to a team at Mayer Brown that secured a significant reversal from New York's high court for client BNY Mellon and a group of co-defendant securitization trustees in a case brought by investors in certain residential mortgage-backed securities. The New York Court of Appeals found last week that the trustees did not have contractual and common law duties to enforce repurchase obligations on mortgage loan originators, reversing a decision from the Appellate Division, First Department. The Mayer Brown team included partners Matthew Ingber, Christopher Houpt and Rory Schneider, and associates Christopher Mikesh and Nathan Blevins.
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