Appellate Timeline
1893
Circa 1890
Levy Mayer argues the firm’s first case in the Supreme Court: Swan Land & Cattle Co. v. Frank, a significant case addressing circuit court jurisdiction.
1898
Partner Thomas Moran argues, and wins, Magoun v. Illinois Trust & Savings Bank in the Supreme Court, facing off against former President Benjamin Harrison.
1902
Partner Alfred Austrian argues Dreyer v. Illinois in the Supreme Court, a case claiming that the use of parole boards, a new concept at the turn of the twentieth century, violated the Due Process Clause by vesting judicial power in the hands of executive officers.
Thomas Moran argues Ambrosini v. US in Supreme Court. Under the War Revenue Act, a 50-cent revenue stamp was to be affixed to all bonds, and Ambrosini, who operared a Chicago saloon, was indicted for failure to affix such a stamp to his bond. Mayer Brown repsented him at the Supreme Court on appeal and the Court reversed the indictment, upholding Ambrosini’s constitutional rights.
1906
Levy Mayer argues New Jersey v. Anderson in Supreme Court, addressing tax law under the Bankruptcy Act. Opposing counsel were not present and had no brief on file at the time of the argument, so the case was discussed at the Court in an informal way, which proved satisfactory to Mayer Brown.
1912
Levy Mayer achieves two Supreme Court victories in the same year: Keatley v. Furey (addressing Federal Court jurisdiction) and Ferris v. Frohman.
In Ferris, Mayer persuades a unanimous Court—on the strength of his brief alone, without even having to travel to Washington, DC to argue the case—that a public performance of a play in England does not deprive the copyright owners of their common-law right in the United States to protection against unauthorized performance.
Alfred Austrian argues Murphy v. California at the Supreme Court, arguing that a California statute that criminalized the keeping of billiard or pool tables for hire—except by large hotel keepers—constituted a denial of equal protection and substantive due process.
1913
Alfred Austrian argues Metropolis Theater Co. v. City of Chicago in Supreme Court, an important case involving the price of admission and municipal license fees at Chicago theaters.
1919
Mayer Brown Supreme Court litigator Alfred Austrian represents Charles Comiskey in connection with Major League Baseball’s “Black Sox” scandal.
1919/1920
Levy Mayer argues two cases in the Supreme Court on behalf of the liquor industry in its battle against prohibition (Hamilton v. Kentucky Distilleries & Warehouse Co.; Rhode Island v. Palmer).
1922
Levy Mayer argues Stafford v. Wallacein the Supreme Court, a case involving the Packers and Stockyards Act of 1921 and the regulation of business practices in the meat industry.
1928
Levy Mayer’s brother, Isaac Mayer, argues for the firm on behalf of the Wrigley Company in an unfair competition case in the Supreme Court titled L.P. Larson, Jr., Co. v. WM Wrigley, Jr., Co.
1934-1936
Levy Mayer’s nephew, Richard Mayer, argues two Supreme Court cases for the firm: a banking case (City of Marion v. Sneeden in 1934) and a price-fixing case (Old Dearborn Distrib. Co v. Seagram-Distillers Corp.in 1936).
1934
Frederic Burnham argues Local Loan Co. v. Hunt at the Supreme Court, a case involving payment of wages earned after bankruptcy.
1935
Herbert Friedlich argues Continental Illinois National Bank & Trust Co of Chicago v. Chicago, R.I. & P. RY. Co., an important business case involving reorganization under Section 77 of the Bankruptcy Act.
1939
Frederic Burnham argues US v. Borden Co., an important competition case addressing §1 of the Sherman Antitrust Act related to the transportation of milk in Chicago and surrounding states.
1941
Herbert Friedlich argues Harrison v. Schaffner at the Supreme Court, providing guidance on whether the income of a trust assigned to a life beneficiary under the Revenue Act is taxable as income.
1947
Leo Tierney argues Rice v. Santa Fe Elevator Corp., a Supreme Court case presenting Commerce Clause and federal preemption issues.
Leo Tierney argues Glore Forgan & Co v. US, a suit claiming 17 leading investment banking firms (known as the “Wall Street Seventeen”) had combined, conspired, and agreed to control and monopolize the U.S. securities markets.
1948
Herbert Friedlich argues Spiegel’s Estate v. Commissioner of Internal Revenue at the Supreme Court, a federal estate tax case under the Internal Revenue Code.
1950
Robert Stern, who will join Mayer Brown in 1954, authors the first edition of the treatise Supreme Court Practice, which is regarded today as the definitive reference work on litigation before the Supreme Court.
1953
H. Templeton Brown (the “Brown” of today’s Mayer Brown) argues his first case in the Supreme Court: Public Utils. Commission of California v. United Air Lines, Inc., addressing whether the Federal Government had jurisdiction over the rates which United Air Lines charged for transportation between points on the mainland of California and Catalina Island. Brown would become a repeat player at the Court until his final Supreme Court argument 20 years later.
1954
Leo Tierney argues US v. Employing Lathers Ass’n at the Supreme Court, an antitrust case alleging a conspiracy to restrain commerce unduly and to monopolize the lathing trade in the Chicago area.
Tierney argues Supreme Court case US v. Borden Co., a significant matter claiming Chicago dairies conspired to restrain and monopolize the sale of fluid milk to wholesale customers and others in the Chicago area.
Mayer Brown’s Supreme Court & Appellate practice takes a giant leap forward when Robert Stern joins the firm. Stern spent 13 years in the Office of the Solicitor General and argued more than 50 cases at the Supreme Court, including Rosenberg v. US and Wickard v. Filburn, a seminal Commerce Clause case.
Robert Stern, who maintained a career-long friendship with Thurgood Marshall, is instrumental in persuading the Attorney General of the United States to file an amicus brief opposing school segregation in Brown v. Board of Education.
1955
Mayer Brown partner Edmund Stephan successfully represents businessman Louis Wolfson in his takeover bid for Montgomery Ward in the Illinois Supreme Court. The case, Wolfson v. Montgomery Ward, would later become a textbook study on the election of corporate directors.
1957
Stern argues US v. E.I. Du Pont de Nemours & Co., an important civil action brought by the Government under the Clayton Act, charging that Du Pont had obtained an illegal preference over competitors in the sale of automotive finishes and fabrics to General Motors, thus creating a monopoly in a line of commerce.
1961
Stern argues US v. E.I. Du Pont de Nemours & Co. at the Supreme Court, after the case is remanded to the DC Circuit in 1957. The Court again addressed whether Du Pont created a monopoly of a line of commerce in violation of the Clayton Act.
1967
Mayer Brown successfully represents the City of Chicago in the “Great Lake Diversion” case when the Supreme Court limits the Chicago diversion, the largest out-of-basin diversion of the Great Lakes, to 7,600 mld, the level it is supposed to be at today.
1971
H. Templeton Brown argues his last case at the Supreme Court, Decker v. Harper & Row Publishers, Inc., addressing the scope of the attorney-client privilege in the corporate context.
Mayer Brown partners Robert Helman and Justin Stanley represent the State of Illinois in the Supreme Court of Illinois to establish the constitutionality of the largest transportation bond authorization in the State’s history in People Ex Rel. Ogilvie v. Lewis.
1972
Mark Berens, tax specialist at Mayer Brown, argues United Air Lines v. Mahin, representing the appellant and challenging the constitutionality of the Illinois general revenue use tax as applied to aviation fuel stored in Illinois.
1973
As Assistant Deputy Solicitor General, future appellate partner Andy Frey wins Weinberger v. Hynson, Westcott & Dunning, Inc., a Supreme Court decision upholding procedures adopted by the FDA to implement the 1962 Drug Efficacy Amendments, requiring use of controlled clinical studies to establish efficacy of new drugs.
1974
As Special Counsel to the Watergate Special Prosecutor, future Mayer Brown appellate partner Philip Lacovara argues and wins a unanimous decision in the Watergate tapes case, US v. NixonUS v. Nixon, in the Supreme Court.
1975
The Supreme Court issues an opinion in Cousins v. Wigoda, a case argued by Wayne Whalen involving the First Amendment and the right to sit as a delegate at a National Party Convention.
1977
Mayer Brown partner Stuart Bernstein argues two Supreme Court cases on the same day, both involving employment discrimination claims by female flight attendants (United Air Lines, Inc. v. Evans and United Air Lines, Inc. v. McDonald).
1978
The Supreme Court issues its opinion in Crist v. Bretz, a case argued by Ken Geller. The Justices ruled that a statute providing that jeopardy does not attach until the first witness is sworn in cannot constitutionally be applied in a jury trial.
1979
Stuart Bernstein argues Cannon v. Univ. of Chicago at the highest court, establishing that a plaintiff has a private right of action under the Education Amendments of 1972.
In Bell v. Wolfish, then-Deputy Solicitor General Andy Frey wins ruling at the Supreme Court that bodily searches of pre-trial detainees do not violate the Fourth Amendment.
1980
As Deputy Solicitor General, future Mayer Brown partner Steve Shapiro argues Chiarella v. US, the prominent insider-trading case in which the Supreme Court held that the mere possession of nonpublic information—in Chiarella, by the employee of a printing company that handled takeover bids—does not trigger a duty to disclose under the 1934 Securities Act.
As Deputy Solicitor General, Andy Frey successfully argues US v. DiFrancesco, earning a Supreme Court ruling that the government can appeal criminal sentences it believes too lenient without violating the Double Jeopardy Clause.
1981
Robert Stern authors Appellate Practice in the United States, a follow-up to Supreme Court Practice, which he wrote in 1950 at the urging of Justices disappointed in the quality of Supreme Court briefs. Now in its tenth edition, Supreme Court Practice remains the authoritative guide to practice at the Supreme Court.
Arguing on behalf of the Federal Communications Commission, then-Deputy Solicitor General of the United States Steve Shapiro successfully argues NBC, ABC, and CBS v. Federal Communications Commission and Carter-Mondale Presidential Committee, affirming the FCC’s construction of the Federal Election Campaign Act, sustaining the Act’s constitutionality, and upholding sanctions against ABC, CBS, and NBC for withholding airtime from presidential candidates.
Deputy Solicitor General of the United States Steve Shapiro wins unanimous ruling in Board of Governors of the Federal Reserve System v. Investment Company Institute, holding that banks and bank holding companies may operate closed-end investment companies under the Glass-Steagall and Bank Holding Company Act.
As Deputy Solicitor General of the United States, future Mayer Brown partner Ken Geller argues a Supreme Court appeal addressing whether OSHA must conduct a cost-benefit analysis before regulating worker exposure to harmful substances, in American Textile Manuf. Inst Inc. v. Donovan.
1982
Then-Deputy Solicitor General of the United State Steve Shapiro earns Supreme Court victory in Edgar v. MITE Corp., holding that the Illinois Corporate Takeover Statute violates the Commerce Clause.
In American Society of Mechanical Engineers v. Hydrolevel Corp., Steve Shapiro wins another Supreme Court appeal as Deputy Solicitor General of the United States in a case holding that the doctrine of apparent authority applies in treble damage litigation under antitrust laws affecting trade associations.
Arguing on behalf of the Federal Home Loan Bank Board and the Federal Home Loan Mortgage Corporation as Deputy Solicitor General, Steve Shapiro wins a Supreme Court decision in Fidelity Federal Savings & Loan Association v. De La Cuesta on the preemption of state law restrictions on due-on-sale clauses in mortgages of savings and loan associations.
The modern era of the firm’s Supreme Court practice begins, when Steve Shapiro ends his stint as Deputy Solicitor General in charge of the federal government’s business litigation in the Supreme Court to return to Mayer Brown.
Mayer Brown partner Philip Lacovara squares off against former Justice Abe Fortas in the Supreme Court to argue a constitutional challenge to a Puerto Rican electoral statute in Rodriguez v. Popular Democratic Party.
1983
In the Supreme Court case of Bush v. Lucas, then-Deputy Solicitor General of the United States Ken Geller earned a victory for the Director of NASA in an appeal seeking a judicially created remedy for the violation of an employee’s First Amendment rights.
1984
In INS v. Lopez-Mendoza, Deputy Solicitor General Andy Frey wins a Supreme Court ruling that the Fourth Amendment exclusionary rule does not apply in deportation proceedings.
As Deputy Solicitor General, Ken Geller successfully argues US v. Varig Airlines, on the scope of the discretionary function exemption to federal liability under the Federal Tort Claims Act.
1985
As Deputy Solicitor General, Ken Geller argues Heckler v. Chaney in the Supreme Court, addressing the extent to which a federal agency’s decision to forgo an enforcement action is subject to judicial review.
1986
As Deputy Solicitor General, Andy Frey achieves a landmark victory in the Supreme Court in Moran v. Burbine, clarifying that Miranda does not prohibit police deception of a suspect’s attorney.
As Deputy Solicitor General, Andy Frey earns a Supreme Court victory in US v. Inadi, holding that the co-conspirator exception to the hearsay rule does not violate the Confrontation Clause.
Arguing for Colorado as an Assistant to the Solicitor General, Andy Pincus earns a Supreme Court victory in Colorado v. Connelly, establishing that uncoerced confessions do not violate the Due Process Clause of the 14th Amendment.
1987
As an Assistant to the Solicitor General, Andy Pincus wins the Supreme Court case Anderson v. Creighton, over the right to qualified immunity of law enforcement agents in connection with warrantless searches.
Mayer Brown partner Steve Shapiro argues a Commerce Clause appeal at the Supreme Court, American Trucking Associations, Inc. v. Scheiner, over the question of whether a flat tax on the use of a state’s highways is an unconstitutional discrimination against interstate commerce.
From this year to the present, a Mayer Brown attorney has argued at least one case in the Supreme Court during each term.
1988
Of Counsel Paul Bator argues an important First Amendment case, Virginia v. American Booksellers Association, on the means that government can restrict “obscene” speech.
1989
Kathryn Oberly, former Mayer Brown partner and current judge on the DC Court of Appeals, argues a landmark employment law case in the Supreme Court, Price Waterhouse v. Hopkins, establishing the standard for finding employer liability in actions under Title VII of the Civil Rights Act.
On behalf of the US Sentencing Commission, Of Counsel Paul Bator argues Mistretta v. US, which upheld the constitutionality of federal sentencing guidelines.
1991
Steve Shapiro argues Virginia Bankshares, Inc. v. Sandberg, a prominent securities case in the Supreme Court on the extent to which qualitative terms, such as “high value,” can be materially misleading under US securities law.
1992
Mayer Brown partner Andy Pincus argues the Supreme Court case of Chemical Waste Management v. Hunt, a Dormant Commerce Clause challenge to fees imposed by the state of Alabama on the disposal of out-of-state hazardous waste.
1993
Steve Shapiro argues a Supreme Court case on the extraterritorial application of the Sherman Antitrust Act, Hartford Fire Insurance Co. v. California, which impacts the entire insurance industry.
1994
Charles Rothfeld argues landmark Supreme Court civil rights case Heck v. Humphrey, establishing the conditions under which those convicted of crimes can seek damages for alleged violations of their constitutional rights.
Andy Frey earns a victory from the Supreme Court in Honda Motor Co. v. Oberg, invalidating an Oregon constitutional amendment that prohibited judicial review of punitive damages awards.
Andy Pincus argues a second Dormant Commerce Clause challenge to the regulation of out-of-state waste disposal; Oregon Waste Sys., Inc. v. Department of Environmental Quality held that a surcharge on out-of-state waste is unconstitutional.
1995
In another victory for Andy Frey in a Supreme Court appeal involving punitive damages, BMW of North America, Inc. v. Gore, the Court found that “grossly excessive” punitive damages awards violate substantive due process.
Charles Rothfeld argues the Supreme Court appeal of Oklahoma Tax Commission v. Chickasaw Nation, testing state authority to tax fuel sold by a Native American tribe and to tax the income of tribal members.
1996
From this year through the 2014 Term, 18 different Mayer Brown attorneys will argue a total of 64 cases in the Supreme Court.
1997
Steve Shapiro argues a significant Supreme Court class actions case, AmChem Products, Inc. v. Windsor, determining that settlements may be taken into limited account in class certification.
Steve Shapiro wins a Massachusetts Supreme Court ruling in Weaver v. Wood when the court rules two members of the First Church of Christ, Scientist lacked standing to challenge decisions made by the Church’s publishing arm. Mayer Brown successfully opposed the plaintiffs’ petition for certiorari to the U.S. Supreme Court in 1998.
Jim Holzhauer argues Inter Modal Rail Employees Association v. Atchison, Topeka & Santa Fe Railway Co. on the application of ERISA section 510 to employee benefit plans, at the Supreme Court.
1998
Charles Rothfeld takes on a Supreme Court argument involving legislative immunity in Bogan v. Scott-Harris.
Ken Geller argues US v. Bestfoods, a Supreme Court appeal over the extent to which a parent corporation can be liable for a subsidiary’s responsibilities under CERCLA.
2000
Don Falk argues Jones v. US in the Supreme Court, testing the federal government’s authority under the Commerce Clause to prosecute the arson of a private residence.
Mayer Brown represents Brunswick Corporation in Concord Boat Corp. v. Brunswick Corp. at the Eighth Circuit, securing the reversal of a $140 million antitrust verdict against the industry-leading supplier of boat engines.
2001
Mayer Brown successfully represents Northern Trust Company in an inter-bank dispute under the Expedited Funds Availability Act in Oak Brook Bank v. Northern Trust Co. at the Seventh Circuit.
The firm successfully blocks class certification of securities fraud claims against broker-dealers in the Third Circuit in Newton v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
2002
Charles Rothfeld delivers a Supreme Court argument in a case involving federal limitation on state truck registration fees, Yellow Freight System, Inc. v. State of Michigan.
2003
In Kong v. Scully, Mayer Brown convinces the Ninth Circuit that the Balanced Budget Act of 1997, permitting Medicare and Medicaid payments for non-medical care of persons whose religious tenets lead them to reject medical services, does not amount to an establishment of religion under the First Amendment.
Mayer Brown earns victory for SBC Illinois in AT&T Communications, Inc. v. Illinois Bell Tel. Co. & Ameritech Corp. at the Seventh Circuit, defending constitutionality of state telecommunications reform law.
Mayer Brown successfully argues at the Sixth Circuit for defendants in Amway Corp. v. Procter & Gamble Co., a $1.3 billion corporate defamation suit.
2004
Steve Shapiro argues F. Hoffmann-La Roche, Ltd. v. Empagran, a case described by the ABA Journal as the Supreme Court’s “most important antitrust case in a generation,” dealing with the reach of U.S. antitrust law to commerce outside the U.S.
Mayer Brown associate David Gossett argues his first case at the Supreme Court, scoring a unanimous win on an ERISA issue in Central Laborers Pension Fund v. Heinz.
Tim Bishop argues a Supreme Court appeal over the application of the Clean Water Act to an Everglades reclamation project in South Florida Water Management District v. Miccosukee Tribe of Indians.
2006
As an Assistant to the Solicitor General, Dan Himmelfarb wins Garcetti v. Ceballos, a Supreme Court case affirming that speech by a public official is protected by the First Amendment only if made in the official’s capacity as a private citizen.
Andy Pincus achieves a unanimous victory in the Supreme Court in Illinois Tool Works Inc. v. Independent Ink, Inc., applying antitrust law to the “tying” of patented products.
David Gossett argues Fernandez-Vargas v. Gonzales, an appeal challenging the retroactive application of the reinstatement statute of the Immigration and Nationality Act, in the Supreme Court.
2007
Steve Shapiro successfully argues the largest private antitrust case in history at the Supreme Court, Credit Suisse First Boston, Ltd. v. Billing, finding that investment banks and mutual funds could not be sued under antitrust law over losses from the crash of technology stocks.
Mayer Brown’s appellate group scores two major Supreme Court wins for U.S. business on the same day:
- Philip Morris USA v. Williams, the fourth punitive damages case that Mayer Brown has argued at the Supreme Court and one of the most significant decisions on the topic, in which the Supreme Court agreed with Andy Frey that a jury may not punish a defendant for injuries suffered by non-parties.
- Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., Andy Pincus’ second unanimous victory in the Supreme Court in two years, addressing how aggressively a business may compete before violating antitrust law.
Dan Himmelfarb wins another First Amendment case as an Assistant to the Solicitor General in TSSAA v. Brentwood Academy, involving sanctions against a high school football coach for the violation of anti-recruiting rules.
Evan Tager argues a Commerce Clause challenge to a waste-management ordinance, United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority, at the Supreme Court
Partner Andy Frey argues his 66th case at the Supreme Court.
Mayer Brown is ranked as the top appellate practice in the country by both Legal 500 United States and Chambers USA. Appellate law is the only area in which the two publications identified the same practice as the sole national leader.
Mayer Brown successfully represents Merrill Lynch in Galarneau v. Merrill Lynch, a defamation suit at the First Circuit, reversing the $2.1 million punitive award originally given to a stockbroker terminated from the company.
2008
Steve Shapiro achieves a Supreme Court victory in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., described by The Wall Street Journal as “the biggest securities-litigation court clash in a generation,” in a ruling that dismisses “scheme liability” as the basis for securities lawsuits.
2009
Charles Rothfeld argues and wins a rare Supreme Court case invoking the Tonnage Clause: Polar Tankers, Inc. v. City of Valdez.
Andy Pincus captures victory at the Supreme Court in an immigration law case, Negusie v. Holder, over the rule barring persecutors from obtaining asylum.
Mayer Brown wins Supreme Court appeal in CSX Transportation, Inc. v. Hensley, on a court’s duty to instruct juries on the standard for awarding “fear of cancer” damages under the Federal Employers Liability Act.
Mayer Brown secures a major appellate win for a New York real estate developer in Matter of East River Realty Company, LLC v. New York State Dept. of Environmental Conservation, when the New York Appellate Division rules that East River is eligible to participate in state brownfield cleanup program at a development site near the U.N. headquarters, entitling East River to approximately $250 million in tax benefits.
Mayer Brown convinces the Sixth Circuit in Nickels v. Grand Trunk W. R.R. that Federal Railway Safety Act regulation covers the issue of ballast size, precluding plaintiffs’ claims under the Federal Employers Liability Act that they obtained injuries by walking on track ballast.
2010
Mayer Brown secures a high-stakes victory on behalf of Carl Icahn in the Second Circuit; the decision in In re WestPoint Stevens, Inc. reinstates a sale order for Icahn in his battle for control of the textile company WestPoint Stevens.
Mayer Brown achieves a monumental victory in the Eighth Circuit in In re Medtronic Inc. Sprint Fidelis Leads Products Liability Litigation, hitting “a home run for fans of federal pre-emption of state law-based product liability claims” according to The American Lawyer.
In CSX Transportation, Inc. v. Gilkison, the Fourth Circuit reinstates all claims made by Mayer Brown’s client, CSX Transportation, arising from a fraudulent asbestos-claims-manufacturing scheme.
As counsel for Dow Chemical Company at the Fifth Circuit in Comer v. Murphy Oil USA, Mayer Brown successfully stops Mississippi residents from pursuing claims against chemical, oil, and power companies alleging that their greenhouse-gas emissions were responsible for Hurricane Katrina and the property damage it caused.
For Carlos Slim Helú, then the richest man in the world, Mayer Brown secures the dismissal of a lawsuit involving the sale of an Ecuadorian cell phone company—and seeking more than $900 million in damages—at the New York Court of Appeals (the state’s highest court) in Centro Empresarial Cempresa S.A. v. America Movil, S.A.B. de C.V.
In Alliance 3PL Corp. v. New Prime, Inc., Mayer Brown convinces the Seventh Circuit to reverse a damage award against its client, the trucking company New Prime, for allegedly poaching a customer from a logistics provider in breach of the parties’ contract.
2011
Andy Pincus achieves a landmark Supreme Court victory in AT&T Mobility LLC v. Concepcion, requiring the enforcement of an arbitration clause in a case Law360 called “a grenade detonated at the center of consumer class action law.”
Brian Netter returns to Mayer Brown from a clerkship with Associate Justice Stephen Breyer on the Supreme Court.
In Sheldon G. Adelson v. Moshe Hananel, Mayer Brown wins a First Circuit affirmance of a bench verdict in favor of Sheldon Adelson against a former senior employee claiming a twelve percent interest in Adelson’s casino venture in Macau.
Mayer Brown achieves a victory in the Illinois Supreme Court in Maksym v. The Board of Election Commissioners of the City of Chicago, clearing the way for Rahm Emanuel to become mayor of Chicago.
In Amidax Trading Group v. SWIFT SCRL, the Second Circuit upholds the dismissal of a putative class action accusing Mayer Brown’s client, SWIFT, of illegally disclosing financial information to the federal government through the Terrorist Finance Tracking Program.
Mayer Brown knocks down the first of many attempts to limit the AT&T Mobility v. Concepcion decision at the federal level with the Eleventh Circuit decision in Cruz v. Cingular Wireless, LLC.
In American Honda Motor Co. v. Superior Court, the California Court of Appeal grants Mayer Brown’s petition for a writ of mandate and vacates an order certifying a class of all owners of certain Acura models seeking to pursue claims relating to a transmission defect.
Mayer Brown argues City of Chicago v. StubHub, Inc. at the Illinois Supreme Court, addressing whether Illinois municipalities may require electronic intermediaries to collect and remit amusement taxes on resold tickets.
2012
Steve Shapiro named The American Lawyer’s “Litigator of the Week” for his major victory in Mayo Collaborative Services (d/b/a Mayo Medical Labs.) v. Prometheus Labs., defining the scope of patentable subject matter.
In Marmet Health Care Center, Inc. v. Brown and Clarksburg Nursing Home & Rehabilitation Center, LLC v. Marchio, Mayer Brown wins a unanimous Supreme Court decision enforcing an arbitration clause covering personal-injury claims, relying squarely on AT&T Mobility v. Concepcion.
The firm persuades the Ninth Circuit to deny certification of a nationwide class of purchasers of the collision mitigation braking system (CMBS) option on certain Acura models in Mazza v. American Honda Motor Co., considered one of the most significant class action decisions in recent years.
In Shaver v. Siemens Corp., the firm wins a substantial ERISA dispute when the Third Circuit reverses the lower court’s finding that more than 200 former employees of a closed Siemens power plant are entitled to early retirement benefits.
Mayer Brown achieves a landmark food-labeling victory in a Ninth Circuit decision, Carrea v. Dreyer’s Grand Ice Cream, Inc., rejecting certain claims asserted under California consumer protection laws as being preempted by the Federal Food, Drug, and Cosmetic Act.
Representing the U.S. Postal Service at the DC Circuit, Mayer Brown successfully overturns the Postal Regulatory Commission’s decision to terminate part of the Postal Service’s commercial licensing program in LePage’s 2000, Inc. v. Postal Regulatory Commission.
Representing The Bank of New York Mellon, which served as trustee for approximately 500 mortgage-securitization trusts at issue in the litigation, Mayer Brown obtains a Second Circuit ruling in BlackRock Financial Management Inc. v. Segregated Account of Ambac Assurance Corp, that prevents proceedings surrounding a historic $8.5 billion settlement from being removed to federal court under the Class Action Fairness Act.
The firm achieves a rare 11-0 decision from an en banc Ninth Circuit in a case testing the validity of a California law extending the statute of limitations for life insurance claims by victims of the “Armenian Genocide” in the Ottoman Empire; Movsesian v. Victoria Versicherung is the most affirmative circuit court endorsement of field preemption, a rarely used legal doctrine giving the federal government the exclusive right to handle foreign affairs.
Mayer Brown successfully represents Volkswagen Group of America in a First Circuit appeal that arose out of an award of attorneys’ fees in a settled class action in In re Volkswagen Warranty Extension Litigation.
In Hancock v. AT&T Inc., Mayer Brown defeats a proposed multi-state consumer class action against its client, AT&T, in an appeal that tested the validity of widely used “click-wrap agreements.”
Mayer Brown scores a high-profile victory in the Seventh Circuit for its client, MKB Bank, in Abelesz v. OTP Bank, a case involving Hungarian Jews whose bank accounts were confiscated during the Holocaust.
In a case with dramatic impact on the availability of affordable health care in California and nationwide, the firm notches a victory in California Society of Anesthesiologists v. Superior Court at the California Court of Appeals, a decision affirming that the state does not require a physician to supervise a registered nurse anesthetist’s administration of anesthesia.
Associate Chip Dickerson wins a pro bono victory at the Seventh Circuit in Liu v. Mund, a dispute between former spouses that clarified the duties of those who sponsor immigrants under “Affidavits of Support.”
In the Fourth Circuit, Mayer Brown successfully argues an influential case on the preemptive effect of the 1976 Medical Device Amendments to the Food, Drug, and Cosmetic on medical device product liability claims in Walker v. Medtronic, Inc.
In a decision affecting many pending smoking-and-health cases in Florida, Mayer Brown wins a partial retrial for Philip Morris USA in a personal-injury case, Philip Morris USA Inc. v. Kayton, in the Florida District Court of Appeals.
In a case establishing important precedent for the liability of commercial property owners to trespassers on their land, the Illinois Supreme Court reversed a multi-million-dollar award against Mayer Brown’s railroad client in Choate v. Indiana Harbor Belt Railroad Co.
2013
In March, Mayer Brown files a historic amicus brief on behalf of more than 200 members of Congress in the Supreme Court DOMA case.
Charles Rothfeld argues his 30th case in the Supreme Court.
Partners Steve Shapiro, Ken Geller, Tim Bishop, and Dan Himmelfarb co-author the tenth edition of Supreme Court Practice.
Tim Bishop wins the Supreme Court’s most significant environmental case of the Term, Decker v. Northwest Environmental Defense Center, reversing a Ninth Circuit interpretation of a Clean Water Act provision applicable to runoff from forest roads.
Mayer Brown convinces the DC Circuit to reject a challenge by Honeywell International Inc. and DuPont Co. to the U.S. Environmental Protection Agency’s approval of pollution credit transfers between two competitors in Honeywell International, Inc. v. EPA.
Mayer Brown wins an IP victory for GlaxoSmithKline in Biogen IDEC Inc. v. GlaxoSmithKline LLC, a case with significant implications for the growing biologics industry, when the Federal Circuit affirms a ruling that GSK’s leukemia drug does not infringe a patent covering an antibody therapy.
2014
In January, Mayer Brown’s Supreme Court & Appellate group scores five appellate wins in one week.
Charles Rothfeld argues a Second Circuit appeal on behalf of The Bank of New York Mellon over a historic $8.5 billion settlement relating to residential mortgage-backed securities.
In a DC Circuit case that changed national lobbying policy, Mayer Brown successfully represents six registered lobbyists who were excluded from serving on International Trade Advisory Committees based on an Obama administration rule that barred them from sitting on government advisory committees; after the DC Circuit recognized the plaintiffs’ First Amendment cause of action, the administration reversed its prohibition.
Mayer Brown announces Evan Tager’s election as a member of the American Law Institute; he joins fellow Mayer Brown members Andrew Frey, Robert Helman, Richard Katskee, Simeon Kriesberg, Philip Lacovara, Steve Shapiro, and Richard Shepro.
In a closely watched California Supreme Court case, Verdugo v. Target, Mayer Brown successfully defends Target Corp. from a wrongful-death action arguing that the retailer had a duty to provide defibrillators at its stores.
Dan Himmelfarb argues and wins Ray Haluch Gravel Co. v. Central Pension Fund; the Supreme Court clarifies that lower court decisions on the merits that leave open requests for contractual attorneys fees are appealable “final decisions.”
On behalf of a blogger, Mayer Brown convinces the Ninth Circuit to rule that nonprofessional writers have the same First Amendment libel law protections as professional journalists in Obsidian Finance Group v. Cox.
In Bennett v. CSX Transportation, Inc., Mayer Brown represents CSX Transportation, Inc. in a Fourth Circuit appeal over one of the largest front-pay awards on record in a Title VII case.
Mayer Brown is named to The National Law Journal’s “Appellate Hot List” for the seventh consecutive year.
2015
Mayer Brown won a landmark tax case against the IRS invalidating a regulation that imposed billions of dollars of tax liability for hundreds of multinational businesses, ushering in a new era of administrative review of Treasury Regulations.
Benchmark Litigation awarded Mayer Brown a top-tier ranking in the national Appellate category for the second year in a row.
Then-associate Michael Kimberly achieved an important victory in the US Supreme Court for client Stephen M. Shapiro in Shapiro v. McManus. The Court ruled 9-0 that a case filed by Mr. Shapiro challenging Maryland’s 2011 redistricting map is entitled to be heard by a three-judge federal district court. Mr. Shapiro argued that a single-judge district court prematurely threw out his challenge to the state’s redrawing of its congressional districts.
2016
Reuters published a study of 93,000 petitions for certiorari between 2001 and 2015 and found that Andrew J. Pincus was one of the top three lawyers with a 25.9% certiorari grant rate. Charles A. Rothfeld was also one of the top ten lawyers listed. Mayer Brown was the only firm with two lawyers listed in the top ten.
Brian Netter won a landmark victory for the Council of the District of Columbia in its effort to achieve autonomy over its budget.
Charles Rothfeld had the only Fourth Amendment victory for criminal defendants (see: Birchfield v. North Dakota) in October Term 2015.
Four different Mayer Brown lawyers won four major US Supreme Court victories, including OT2015’s only blockbuster win for business interests, Spokeo, Inc. v. Robins.
Mayer Brown lawyers won a patent case that has opened a revolutionary pathway for patenting life-science innovations.
Benchmark Litigation awarded Mayer Brown a top-tier ranking in the national Appellate category for the third year in a row.
Benchmark Litigation awarded Mayer Brown a top-tier ranking in the national Appellate category for the third year in a row.
We won a major patent case (Rapid Litig. Mgmt. Ltd. v. CellzDirect, Inc.) in the Federal Circuit that has opened a revolutionary pathway for patenting life-science innovations.
Benchmark Litigation awarded Mayer Brown a top-tier ranking in the national Appellate category for the fourth year in a row.
Benchmark Litigation awarded Mayer Brown a top-tier ranking in the national Appellate category for the fifth year in a row.
Mayer Brown awarded Managing Intellectual Property’s 2018 “Milestone Case of the Year” for successfully resolving Supreme Court case Impression Products v. Lexmark.
Mayer Brown will argue eight significant cases before the Supreme Court in OT2018.