Appellate Litigation

Filed an amicus brief in the Washington Court of Appeals in a case that addressed the intersection of taxpayer confidentiality and the disclosure requirements of the Washington Public Records Act.

Represented one of the United States' largest banks in an appeal before the Supreme Judicial Court of Maine where the Court overruled a prior unanimous opinion it issued only a few years earlier.

Represented a contractor in a dispute over a tax exemption linked to machinery used to make asphalt. In a unanimous opinion, the North Carolina Supreme Court affirmed a tax break for our client, upholding a lower court's decision that the company qualified for an exemption reserved for manufacturers even though it sold just a portion of its product.

Represented transmission owners in a FERC proceeding regarding offshore wind transmission project rate structure.

Represented a seller of hospitals in Southeastern Pennsylvania in obtaining appellate affirmance by the US Court of Appeals for the Third Circuit of a defense verdict in suit by buyer alleging breach of sales agreement.

Represented a mortgage company in obtaining unanimous holding from the New York Court of Appeals that a party with property interest in real property has a right to offer proof that county did not properly serve notice of tax sale.

Defended a US multinational oil and gas corporation against claims asserted by a putative class of royalty owners in Pennsylvania gas wells.

Represented a manufacturer of centrifuges and separator equipment in an insurance coverage appeal in which the trial court for the US District Court for the District of New Jersey had ruled that the insurers had successfully shown appreciable prejudice as a matter of law in order to prevail on their coverage-defeating late-notice defense.

Represented a of leading global apparel and accessories company in federal court litigation and appeal against its property insurer seeking coverage for property destroyed in fire at third-party warehouse facility.

Represented a minority shareholder in obtaining a unanimous holding from New York Supreme Court, Appellate Division, First Department, that corporation had disposed of all or substantially all of its assets and was required to give her notice.

Succeeded in dismissing an appeal to the US Court of Appeals for the Ninth Circuit from an order for section 1782 discovery given the non-finality of the order.

Successfully obtained dismissal of all claims against investment adviser and board members in a shareholder derivative lawsuit alleging breaches of fiduciary duty and contract in connection with investment decisions by a mutual fund, and successful affirmance in US Court of Appeals for the Fifth Circuit.

Represented an oil and gas producer in obtaining appellate affirmance by the US Court of Appeals for the Third Circuit of summary judgment in favor of client in class-action proceeding alleging incorrect payment of royalties.

Represented a provider of mission-critical environmental services and byproduct recycling to the power generation industry in an appeal of the order of the Court of Common Pleas of Allegheny County, Pennsylvania, Civil Division. The Pennsylvania Superior Court unanimously reversed the trial court’s grant of a preliminary injunction holding that the trial court did not have subject matter jurisdiction over the case because the plaintiffs/appellees failed to exhaust administrative remedies before the Pennsylvania Department of Environmental Protection and the Allegheny County Court of Common Pleas.

Represented an independent energy company in a case of first impression that thousands of natural-gas leases are permissible under Pennsylvania's Guaranteed Minimum Royalty Act.

Represented a provider of development finance for Latin America and the Caribbean in proceedings supplementary to enforce a US$4.3 million overseas judgment in Florida against fraudulent transferees of assets of judgment debtors by reverse-piercing the corporate veil.

Represented a leading non-bank mortgage servicing company in a case affirming that the Real Estate Settlement Procedures Act does not require a lender to consider and evaluate a loss-mitigation application submitted less than 37 days prior to a foreclosure sale, even if the sale is rescheduled.

Represented a shoe manufacturer in a case involving a dispute over advertising injury coverage involving the use of a deceased athlete's name to advertise and market running shoes and apparel. Dismissal of claims was affirmed on appeal.

Represented a State Treasurer in a case challenging the allocation of municipal bonds among would-be purchasers. Dismissal of all claims was affirmed on appeal.

Represented a multifaceted media organization and recognized leader in global entertainment in obtaining a favorable, publishable motion to dismiss appeals arising from a non-final order when the district court dismissed claims of only some plaintiffs in consolidated cases.

Represented a life insurance company in a case alleging breach of contract and violation of limitation of liability. Dismissal of the claim under a suicide claim was affirmed on appeal.