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U.S. Supreme Court

Experience Highlights

  • (U.S.); (5th Cir.); (W.D. Tex.) – Obtained summary judgment defending the State Bar of Texas against a First Amendment mandatory bar challenge; on appeal, the Fifth Circuit vacated and granted partial summary judgment and a preliminary injunction to the three plaintiffs, but upheld the vast majority of the Bar’s challenged initiatives as constitutional; the U.S. Supreme Court denied our opponents’ cert petition

  • (U.S.) — Successfully argued that the Wartime Suspension of Limitations Act does not toll the statute of limitations in civil False Claims Act cases; persuaded Supreme Court to grant review on issue despite the absence of a circuit split and after the United States, in a Court-invited amicus brief, argued that certiorari should be denied

  • (U.S.) — Successfully argued that aiding and abetting liability requires proof defendant had advance notice of alleged confederate’s plans

  • (U.S.) — Successfully argued that conflict of interest rules governing state officials do not infringe First Amendment speech rights; Justice Scalia authored the opinion gaining a vote of 9-0 issued in our client’s favor

  • (U.S.) — Persuaded the Supreme Court to grant review in a case involving restrictions the on the transfer of firearms by persons convicted of criminal offense; co-authored brief that won unanimous ruling that court-ordered transfer of firearms did not constituted possession prohibited by statute

  • (U.S.) — Authored brief that successfully argued that a government employer’s allegedly retaliatory actions against an employee do not give rise to liability under the First Amendment’s Petition Clause, unless the employee’s petition relates to a matter of public concern

  • (U.S.) — Represented legal and economic professors in connection with an amicus briefing arguing that market movement should be required to demonstrate fraud on the market in securities class actions; the United States Supreme Court cited and adopted portions of arguments

  • (U.S.) — Successfully argued that a government contracting case brought under the Contract Disputes Act was not ripe for judicial resolution