Appellate Litigation

McKiver v. Murphy-Brown, LLC (Fourth Circuit)
Lead counsel in successful appellate defense of nuisance cases resulting in over $500 million in jury verdicts for neighbors of hog farms.

In re Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC (Supreme Court of the United States)
Prepared petition for a writ of certiorari regarding extraterritoriality of applying Bankruptcy code Section 550(a)(2) to a foreign transaction between foreign parties.

Brennan v. Dawson (Supreme Court of the United States)
Counsel of record for a petition for a writ of certiorari requesting that the Court overturn ruling that prevents plaintiffs from asserting claims for intentional or reckless false arrest.

Massie v. Mena (Supreme Court of the United States)
Lead counsel for Respondent for case at cert. stage after being lead counsel in successful appeal in the Ninth Circuit regarding qualified immunity in a case in which a police officer thrust a non-violent non-resisting arrestee’s face into a tree.

Walmart Real Estate Business Trust v. Quarterfield Partners (Fourth Circuit)
Lead counsel on appeal for Walmart in commercial real estate contract dispute.

United States v. Lebedev (Second Circuit)
Argued criminal appeal regarding bank fraud and wire fraud convictions.

Navelski v. International Paper Co. (Eleventh Circuit)
Lead counsel in appeal of claims regarding strict liability claims resulting from dam breach.

Allen v. Greatbanc Trust Co. (Seventh Circuit)
Lead counsel in appeal of dismissal of ERISA prohibited transaction claims.

PrimeSource Building Prods. v. Huttig Building Prods. (Seventh Circuit and N.D. Ill.)
Lead counsel in appeal of injunction against business practices in trade secrets case and advise regarding trial court strategy to defeat injunction.

United States ex rel. Citynet, LLC v. Gianato (Fourth Circuit)
Lead counsel in appeal regarding False Claims Act and jurisdiction over interlocutory appeal.

Wells Fargo Ins. Svcs. v. McQuate (U.S.D.C. D. Colo.)
Trial consultant for one-week trade secrets trial.

Powell v. Huntington National Bank (Fourth Circuit)
Argued appeal of case interpreting West Virginia Consumer Protection Act.

Sperrazza v. United States (Supreme Court of the United States)
Counsel of record for petition for a writ of certiorari in criminal forfeiture case.

Brundle v. Wilmington Trust, N.A. (Fourth Circuit)
Lead counsel in appeal regarding prohibited transactions under ERISA where trial yielded $30 million judgment.

Cryer v. Franklin Resources, Inc. (Ninth Circuit)
Lead counsel in opposing petition for permission to appeal class certification under Rule 23(f)

Carter v. Forhas Taurus, S.A. (Eleventh Circuit)
Lead counsel in appeal by objectors to settlement of class action regarding allegedly defective guns.

Prescott v. Seterus (Eleventh Circuit)
Lead counsel in appeal in Fair Debt Collection Practices Act case alleging that mortgage company improperly charged legal fees to consumers.