Recent Appellate and Supreme Court Matters

  • In re: Incretin-Based Therapies Products Liability Litigation (9th Cir.):  Briefed and argued appeal for Novo Nordisk successfully defending dismissal at summary judgment of all claims in multi-district litigation on Daubert and preemption grounds.
  • In re: Taxotere (Docetaxel) Product Liability Litigation (5th Cir. & E.D. La.):  Lead appellate counsel for Sanofi handling all appeals and critical motions arising out of the multi-district litigation, including successful defense of dismissals and summary judgment on grounds of warnings causation, statute of limitations, and violations of show-cause procedure.
  • National Preemption Counsel for Medtronic – Coordinate briefing and argument of preemption issues in state and federal courts at both the trial and appellate levels.
  • Furman v. Goodyear Tire (NM 2021):  Argued against personal jurisdiction on behalf of Goodyear Tire.
  • Lawrence v. Medtronic (9th Cir. 2020): Represented Medtronic in Ninth Circuit Court of Appeals affirming dismissal of a products liability suit on preemption grounds.
  • Microsoft v. United States (S. Ct. 2018): Author of brief on behalf of amici European national trade organizations asking the Court to consider the potential conflict between the Stored Communications Act and the GDPR
  • * Manuel v. City of Joliet (S. Ct. 2017): Successfully briefed and argued case finding that pre-trial detention without probable cause violates the Fourth Amendment and may give rise to a federal civil rights claim.
  • * Menominee Tribe v. United States (S. Ct. 2016): Briefed and argued case which clarified proper application of equitable tolling principles in a contracting dispute with the federal government.
  • * Ohio v. Clark  (S. Ct. 2015): Briefed and argued case finding Sixth Amendment's Confrontation Clause to be inapplicable to out-of-court statements given by an abused child to his teacher 

(*) – cases before joined DLA piper while in government service

Multi-District Litigation and Trial Court Litigation 

  • In re: Generics Pharmaceutical Pricing Antitrust Litigation (E.D. Pa.): Lead counsel defending major pharmaceutical manufacturer against antitrust claims brought by state Attorneys General and private class actions in the multi-district litigation. 
  • In re: Zantac (Ranitidine) Products Liability Litigation (S.D. Fla./11th Cir.):  handling class action defense and government enforcement actions for major pharmaceutical company in the multi-district litigation and related state court proceedings.
  • Lontex v. NIKE (E.D. Pa./3rd Cir.):  Counsel for NIKE at federal jury trial and on appeal defending against trademark infringement claims.
  • Merck v. Pfizer (E.D. Pa.):  Defended Pfizer against trade-secret misappropriation lawsuit.

Affirmative Government Litigation

  • Pfizer v. Dept of Health and Human Services:  Counsel for Pfizer in administrative law and constitutional challenge to agency interpretation of the Anti-Kickback Statute as prohibiting copay assistance for patients to afford a breakthrough treatment for a rare and fatal disease.
  • NetChoice v. Atty Gen. State of Florida (S.D. Fla./11th Cir./SCT): Representing Netchoice, a trade association of Internet and social media companies, in First Amendment lawsuit challenging a Florida statute attempting to regulate social media companies’ exercise of editorial discretion on their platforms; preliminary injunction of statute granted and key provisions affirmed on appeal.
  • Safehouse v. U.S. Department of Justice:  Lead counsel for Safehouse in declaratory judgment and constitutional litigation challenging application of federal drug laws to prevent provision of overdose prevention services.
  • Sands Bethworks v. Pennsylvania Dep’t of Revenue: Prevailed in challenging state tax on gaming operations as unconstitutional as a matter of state and federal law.