Commercial Litigation

Merrill Lynch v. Manning [Read more here]
In May 2016, the firm prevailed before the U.S. Supreme Court in this important securities-jurisdiction case. We represent a group of investors who sued several major financial institutions in New Jersey state court for violations of New Jersey law. The suit alleges that the defendants’ illegal practices precipitated a loss of over $800 million in investor value. Led by Merrill Lynch, the financial institutions argued that the federal securities laws required the case to be brought exclusively in federal court. Writing for the Court, Justice Kagan adopted one basis for affirmance of the decision below advanced by our firm. Concurring in the judgment, Justice Thomas (joined by Justice Sotomayor) adopted another basis for affirmance advanced by Peter Stris at oral argument. Mr. Geyser took the lead in crafting the core legal theories and strategy for the merits brief. (Our Brief | Opinion)

Stelluti Kerr, LLC v. MAPEI Corp.
Mr. Geyser was retained as lead appellate counsel in this complex commercial dispute. The firm represents the company responsible for transforming the billion-dollar domestic industry for packaging micrometric powders. After a week-long trial, a jury awarded the company over $10 million. The district court tossed that verdict on post-judgment motions. The company hired Mr. Geyser and the firm to overturn the district court’s judgment and restore the full jury award. After Mr. Geyser and the firm filed its opening brief in the Fifth Circuit, the other side retained Gibson Dunn (and the former Solicitor General of Texas) to oppose us on appeal. (Our Opening Brief)

Parallel Networks, LLC v. Jenner & Block LLP
Mr. Geyser and the firm were retained to handle this important matter in the U.S. Supreme Court. Lower courts are squarely divided over the limits on judicial review of arbitration awards. This case asks whether the Federal Arbitration Act forecloses review of an award that violates a State’s clear public policy. The case is now pending in the Texas Supreme Court, and Mr. Geyser will take the lead once the matter reaches the U.S. Supreme Court.

Texas Railroad Comm’n v. Texas Citizens
While in government service, Mr. Geyser convinced the Texas Supreme Court to adopt Chevron-like principles of agency deference at the state level. Mr. Geyser represented the Texas Railroad Commission in briefing and arguing this important administrative-law case before the State’s highest court. (Oral Argument Video [Mr. Geyser’s presentation begins at 1:44] | Texas Supreme Court Majority Opinion | Texas Supreme Court Concurring Opinion)