News
April 2023:
In Bissonnette v. LePage Bakeries, argued by Jennifer Bennett, the firm wins a unanimous U.S. Supreme Court victory for transportation workers fighting forced arbitration. The court held that a transportation worker does not need to work n the “transportation industry” to be exempt from the Federal Arbitration Act. Coverage in Reuters, Courthouse News, SCOTUSblog.
Sexual-assault survivors and advocates file a legal challenge to a new Uber-backed ballot initiative that would limit access to legal representation and civil justice in Nevada by capping contingency fees in all civil cases. Read our brief and supporting declarations. Coverage in Reuters, Las Vegas Review-Journal, and the Nevada Independent.
March 2024:
Court gives final approval to landmark $125 million settlement with the federal judiciary over PACER fees. Coverage in Bloomberg Law, Reuters, Courthouse News, and Law360.
Firm files antitrust class action against American Express on behalf of small merchants harmed by swipe fees
Jennifer Bennett argues consumer arbitration appeal before New Mexico Supreme Court
Firm files petition, with Harvard Supreme Court Litigation Clinic, urging U.S. Supreme Court to hold that the Americans with Disabilities Act’s protections extend to former employees
David Lat features Gupta Wessler as “law firm of the week” in Original Jurisdiction: “Not many firms outside the Am Law 100 have won Law Firm of the Week more than once. But not many non-Biglaw firms can claim two Supreme Court oral arguments in the span of one week, which Gupta Wessler proudly can. … The progressive, plaintiff-side boutique now boasts six attorneys with Supreme Court arguments under their belts … This fact speaks well of name partners Deepak Gupta and Matthew Wessler, who aren’t hogging all the high-court arguments for themselves.”
February 2024:
In Bloomberg Law, Kimberly Robinson reports: “Two Gupta Wessler attorneys took the U.S. Supreme Court lectern in February, adding to the growing number of arguments for the plaintiff-side boutique that now boasts six attorneys with high court experience.” She notes that the firm, which “arose to fix the imbalance between representation for individuals versus big companies,” “has achieved notable success even on a court dominated by conservatives.”
On February 27th, Jon Taylor argued on behalf of consumers opposing federal preemption of state consumer-protection laws in Cantero v. Bank of America
On February 20th, Jennifer Bennett argued on behalf of workers opposing forced arbitration in Bissonette v. LePage Bakeries
Firm wins Fourth Circuit appeal, argued by associate Jessica Garland, holding that pandemic unemployment assistance benefits provided via prepaid debit cards are covered by the Electronic Funds Transfer Act. Coverage in Law360.
Firm files reply in U.S. Supreme Court in Cantero v. Bank of America on whether federal banking law preempts state consumer protection laws
Matt Wessler argues three consolidated Ninth Circuit appeals about equitable tolling in class actions against Union Pacific Railroad
Deepak Gupta argues in the Nevada Supreme Court in defense of a $200-million jury verdict against Sierra Health and Life Insurance over wrongful denial of coverage for medically necessary cancer treatment
Jon Taylor argues Fifth Circuit appeal over whether personal jurisdiction exists in Texas over a suit by a Texas resident who bought a defective Samsung battery while in Texas, used it in Texas, and was injured by it in Texas
Firm urges U.S. Supreme Court to deny request by McDonald’s to shield its no-hire agreement from antitrust scrutiny
On behalf of musician Flo Rida, firm defends $82-million jury verdict against energy drink maker Celsius on appeal
January 2024:
Firm files U.S. Supreme Court brief on behalf of bipartisan trio of U.S. Senators urging the court to reject corporations’ use of the “Texas Two-Step” bankruptcy maneuver to evade accountability to hundreds of thousands of asbestos victims. Press release. Coverage in National Law Jourrnal., Bloomberg Law, Wall Street Journal, Reuters.
In the U.S. Supreme Court, firm files reply in Bissonnette v. Le Page Bakeries, on the Federal Arbitration Act’s worker exemption
California Supreme Court allows firm’s victory against Facebook’s discriminatory ad-targeting algorithm to stand. Coverage in Bloomberg Law; earlier coverage in the San Francisco Chronicle and The Verge
Firm persuades U.S. Supreme Court to decline case over “conspiracy jurisdiction”
December 2023:
In a major win on appeal for the firms’ clients, the Washington Supreme Court rules that private prison operator GEO Group should have paid the minimum wage to immigrant detainees who performed manual labor while detained. Coverage in the Seattle Times, Reuters, AP, Washington State Standard, Bloomberg Law, Courthouse News, Law360, KIRO TV, News Tribune
November 2023:
In the U.S. Supreme Court, Jon Taylor argues Vidal v. Elster, on whether the denial of registration for trademarks critical of public figures violates the First Amendment
In the Seventh Circuit, associate Alisa Tiwari argues that when a Korean company sends a battery into Indiana that explodes and injures an Indiana resident, Indiana’s courts may hear the resulting lawsuit–despite the company’s claim to serve only one segment of the “market.” Coverage in Bloomberg Law
Firm persuades U.S. Supreme Court to deny DuPont’s attempt to reopen a $40 million jury verdict, stemming from its discharge of carcinogenic forever chemicals along the Ohio River, by challenging the preclusive effect of bellwether trials in multidistrict litigation. Coverage in Reuters
October 2023:
In the Washington Supreme Court, Jennifer Bennett argues that GEO, a private company that runs immigrant-detention centers for profit, was subject to Washington state’s minimum-wage law when it paid detainee workers $1 a day
Deepak Gupta argues for final approval of a landmark $125 million settlement with the federal judiciary over fees for access to court records via PACER. Coverage of the fairness hearing in Bloomberg and the National Law Journal. Coverage of the settlement in the Washington Post, Politico, Reuters, The National Law Journal, and Bloomberg
In the Fourth Circuit, associate Jessica Garland argues that Bank of America violated the Electronic Funds Transfer Act by failing to provide required protections with respect to a government-benefit account
In Cantero v. Bank of America, the U.S. Supreme Court grants the firm’s petition on whether federal banking law preempts state consumer-protection laws. Cantero is the third of three merits cases that Gupta Wessler attorneys will argue before the U.S. Supreme Court in the 2023-24 Term. Coverage at Bloomberg Law and Law360
September 2023:
In Bissonnette v. LePage Bakeries, the U.S. Supreme Court grants the firm’s petition on whether a bakery conglomerate’s truck drivers are exempt from forced arbitration under the Federal Arbitration Act. Coverage at Reuters, Bloomberg News, and Law360
In the Tenth Circuit, Jennifer Bennet argues an appeal over whether GEO–a private corporation that runs immigration-detention centers for profit–is immune from liability for forcing immigrant detainees to work for $1 a day. Coverage in Courthouse News and Bloomberg Law
In the D.C. Court of Appeals, Deepak Gupta argues and wins a defamation appeal on behalf of the Awans, Pakistani-Americans who worked as information-technology staffers in the House of Representatives and who seek accountability for a xenophobic smear campaign by right-wing media. Coverage in Legal Newsline, earlier coverage in Daily Beast and Washington Post
In the U.S. Supreme Court, the firm files its merits brief in a First Amendment challenge to the denial of a trademark critical of the former president. Coverage in the National Law Journal. Jon Taylor will argue the case in November
In the U.S. Supreme Court, the firm files its reply in support of truck drivers’ petition seeking review on transportation workers’ exemption from the Federal Arbitration Act
August 2023:
On behalf of West Virginia domestic-violence shelters, and in collaboration with Everytown Law, the firm wins a constitutional challenge to a West Virginia law that forbids shelters from asking about the presence of firearms on their own property
The firm seeks final approval of a historic class-action settlement with the federal judiciary over PACER fees. After more than seven years of hard-fought litigation, the plaintiffs have secured a settlement under which the government must create a common fund of $125 million and reimburse the vast majority of PACER users in full for past PACER charges. The settlement follows our partial win on appeal in the Federal Circuit. Read coverage of the settlement in the Washington Post, Politico, Reuters, The National Law Journal, and Bloomberg
In the U.S. Supreme Court, the firm opposes an attempt to reopen a $40 million jury verdict stemming from DuPont’s discharge of carcinogenic forever chemicals along the Ohio River. DuPont’s petition challenges the preclusive effect of bellwether trials in multidistrict litigation. Coverage at Retuers and Law360
In a win before an Ohio federal district court, the firm defeats a motion to dismiss a lawsuit, under the Trafficking Victims Protection Act, alleging that that a staffing company recruits foreign nurses to work in American healthcare facilities under circumstances that amount to indentured servitude
In a win before the California Court of Appeal, the firm scores a ruling that a car manufacturer can’t enforce the arbitration clause in the sales contract between a consumer and a local car dealership
July 2023:
U.S. Senate confirms Gupta Wessler alum Rachel Bloomekatz to the U.S. Court of Appeals for the Sixth Circuit
On behalf of truck drivers for a bakery conglomerate, the firm asks the U.S. Supreme Court to resolve a circuit split over whether transportation workers must be employed by a company in the transportation industry to be exempt from the Federal Arbitration Act
In the Second Circuit, the firm wins a ruling rejecting a new threshold requirement under the Fair Credit Reporting Act
June 2023:
U.S. Supreme Court agrees to decide First Amendment challenge to the denial of a trademark critical of the former president. Jon Taylor represents the challenger, Steve Elster, in the Supreme Court. Coverage in the New York Times, Washington Post, and CNN
Massachusetts Supreme Judicial Court rules in favor of the firm’s clients on personal jurisdiction in a products-liability suit, rejecting the “Kafkaesque procedural predicament” created by the defense. Coverage in Law360, Mass Lawyers Weekly
In Nevada Supreme Court, firm defends $200 million jury verdict against Sierra Health and Life for wrongful denial of coverage for medically necessary cancer treatment
May 2023:
In yet another personal-jurisdiction victory for the firm, Texas Supreme Court holds that, when a company sells a battery in Texas that explodes and injures a Texas resident, the Texas courts may hear his suit–despite the company’s claim to serve only one segment of the “market”
April 2023:
In the U.S. Supreme Court, the firm opposes the Solicitor General’s petition for certiorari, in defense of the firm’s victory in a First Amendment challenge to the government’s refusal to register a trademark that voices political criticism of the former president
In the North Carolina Supreme Court, associate Rob Friedman argues that when a company sells a battery in North Carolina that explodes and injures a North Carolina resident, North Carolina’s courts may hear his suit–despite the company’s claim to serve only one segment of the “market”
U.S. Supreme Court refuses to block $6 billion student-loan settlement, under which the federal government will discharge hundreds of thousands of student loans based on fraud by for-profit colleges. The borrowers are represented by the Project on Predatory Student Lending and Housing and Economic Rights Advocates. The firm served as Supreme Court counsel, filing a brief opposing a stay. Read coverage in the Washington Post, New York Times, NBC News, and Politico.
In the Second Circuit, associate Linnet Davis-Stermitz argues appeal over enforceability of arbitration clause in Klarna’s buy-now-pay-later app.
In the Colorado Supreme Court, associate Rob Friedman argues in defense of the constitutionality of Colorado’s Child Sexual Abuse Accountability Act, which permits suits by childhood victims of sexual assault; read coverage in the Colorado Sun and Colorado Politics
March 2023:
In the D.C. Court of Appeals, Deepak Gupta argues defamation appeal against Salem Media, seeking accountability for a multi-year xenophobic campaign to smear the Awans, a family of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives
In the Texas Supreme Court, associate Neil Sawhney argues that, when a company sells a battery in Texas that explodes and injures a Texas resident, the Texas courts may hear his suit–despite the company’s claim to serve only one segment of the “market”
In the Washington Court of Appeals, Deepak Gupta argues in defense of a $185 million verdict against Monsanto over toxic PCB exposure
In the the Eighth Circuit, the firm successfully defends a $20 million verdict on behalf of four women who were sexually assaulted by a prison guard while incarcerated in Missouri
In the U.S. House of Representatives, Jonathan Taylor testifies on the need to end forced arbitration of servicemembers’ claims under the Uniformed Services Employment and Reemployment Rights Act; read his written testimony here
In the U.S. Senate Judiciary Committee, Jennifer Bennett testifies on platform accountability and Section 230, explaining why her victory in Henderson v. Source for Public Data may provide a consensus framework; read her written testimony here
February 2023:
David Lat features Gupta Wessler as “law firm of the week” in Original Jurisdiction: “I’m unaware of any Biglaw firm that has been having as good a week as Gupta Wessler, the high-powered, progressive boutique known for handling appellate, constitutional, and other complex litigation matters. In a little more than a week, the 15-lawyer firm won five precedential victories—in the Third, Fourth, Sixth, Ninth, and Eleventh Circuits—for ”military servicemembers, cancer victims, consumer borrowers, and cheated students.” Congratulations to the firm, which now has offices in San Francisco and Boston as well as its founding city of D.C., on all the big wins. (And congrats also on the aforementioned approval by the Senate Judiciary Committee of Sixth Circuit nominee Rachel Bloomekatz, a former Gupta Wessler principal.)”
In the Sixth Circuit, working with the National Student Legal Defense Network, the firm wins a ruling rejecting an attempt by executives of a predatory for-profit school to use a settlement with a court-appointed receiver to bar students’ claims
In the Ninth Circuit, the firm wins a landmark ruling for military servicemembers in a class action challenging pay discrimination against employees who take required short-term military leave
In the Eleventh Circuit, the firm obtains a favorable ruling (and reversal) holding that a consumer has Article III standing to sue over the failure to provide disclosures that were necessary for him to understand the true cost of a loan
January 2023:
In a major victory for plaintiffs–including the firm’s mesothelioma-victim clients–the Third Circuit rejects Johnson & Johnson’s controversial use of a “Texas two-step” bankruptcy to avoid billions of dollars in tort claims over its talc products. Read our opening brief and reply. Reports in the New York Times, CNN, Wall Street Journal, NPR, and Reuters; in-depth report in The New Yorker
In a win for the firm’s clients, the Fourth Circuit allows borrowers to bring RICO suit against tribe-linked online payday lender. Coverage at Law360, Bloomberg
In case on Apple iPhones, the firm seeks U.S. Supreme Court review of Ninth Circuit’s ruling on federal agencies’ power to preempt state law. Coverage in Bloomberg
In a U.S. Supreme Court win for the firm’s clients, firm defeats effort to review the reach of the antitrust laws’ labor exemption for independent contractors. Coverage at Law360; in-depth coverage at The New Republic
December 2022:
In a major appellate win for the firm and its clients, Sixth Circuit upholds $40 million verdict against DuPont for discharging vast quantities of a carcinogenic “forever” chemical into the Ohio River, landfills, and the air surrounding its West Virginia plant. The decision has important implications for collateral estoppel in MDL cases. Coverage in Bloomberg Law and Law360
On behalf of Puerto Rican horse jockeys, firm opposes U.S. Supreme Court review of whether the antitrust laws’ labor exemption protects collective action by independent contractors
Firm seeks U.S. Supreme Court review on National Bank Act preemption of state escrow-interest laws designed to protect home mortgage borrowers
On behalf of environmental groups, Jennifer Bennett presents argument to the Ninth Circuit, sitting en banc, in a dispute over the decision to allow a road through a national wildlife refuge in Alaska
November 2022:
On behalf of the family of a St. Louis man killed by police, firm asks U.S. Supreme Court to decide whether the Constitution permits officers to put a handcuffed and shackled person face-down on the floor and push on his back for 15 minutes until he suffocates to death
Firm wins Fourth Circuit appeal rejecting Section 230 immunity for credit-reporting agencies, with amicus support from FTC and CFPB
October 2022:
Firm announces a historic nationwide class-action settlement with the federal judiciary over PACER fees. After more than six years of hard-fought litigation, the plaintiffs have secured a settlement under which the government must create a common fund of $125 million and reimburse the vast majority of PACER users in full— 100 cents on the dollar—for past PACER charges. The settlement follows our partial win on appeal in the Federal Circuit. Read coverage of the settlement in the Washington Post, Politico, Reuters, The National Law Journal, and Bloomberg
In the D.C. Court of Appeals, firm files its appellate brief in a defamation lawsuit against the Daily Caller, Salem Media, and Luke Rosiak seeking accountability for their multi-year xenophobic campaign to smear the Awans, a family of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives
In the Fourth Circuit, Jennifer Bennett argues an appeal over the scope of Military Lending Act protections for servicemembers, with amicus support from the Pentagon, DOJ, and CFPB
In the Fourth Circuit, Matt Wessler argues an appeal defending certification of a class action against online tribal payday lenders
In the Ninth Circuit, on behalf of Alaska Airlines’ pilots, Jon Taylor argues an appeal challenging discrimination against military reservists who take required short-term military leave. Coverage at Law360
In the North Carolina Supreme Court, the firm seeks review of an appellate decision allowing German and French helicopter manufacturers to escape accountability in North Carolina courts for a helicopter that was sold in North Carolina and that killed four North Carolinians in North Carolina. Coverage at Law360
In the Ninth Circuit, Jennifer Bennett argues in support of a $17 million jury verdict finding that GEO–a private company that runs immigrant-detention centers for profit–violated Washington state minimum-wage law by paying detainee workers $1 a day. Coverage at Reuters
September 2022:
In the Third Circuit, the firm represents a committee of mesothelioma victims challenging Johnson & Johnson’s controversial use of a “Texas two-step” bankruptcy to avoid billions of dollars in tort claims over its talc products; opening brief and reply; in-depth report in The New Yorker
On remand from the U.S. Supreme Court on Article III standing in light of TransUnion v. Ramirez, Deepak Gupta argues a Fourth Circuit appeal over an $11 million judgment against Quicken Loans for biased home appraisals
In the Montana Supreme Court, the firm defends a $16 million child abuse verdict
Peter Romer-Friedman speaks at a joint EEOC and U.S. Department of Labor roundtable on the civil-rights implications of corporations’ use of automated technology, including artificial intelligence, to recruit and hire workers
August 2022:
In Nevada state court, the firm defeats legal challenges to a $200 million jury verdict against Sierra Health and Life for wrongful denial of coverage for medically necessary cancer treatment
Firm alum Daniel Wilf-Townsend joins Georgetown Law as Associate Professor of Law, teaching civil procedure and consumer protection. Citing his time at Gupta Wessler, Wilf-Townsend says: “I hope, as a teacher, to transmit some of the enthusiasm I have around the issues that I found as a litigator.”
July 2022:
On appeal in the Washington state court, the firm defends a $185 million jury verdict against Monsanto for its decades-long campaign to sell toxic PCBs while concealing their harmful effects from the public
Deepak Gupta is awarded the National Civil Justice Institute’s 2022 Appellate Advocacy Award, which “recognizes excellence in appellate advocacy in America,” for his advocacy before the U.S. Supreme Court in Ford Motor Co. v. Montana Eighth Judicial District Court. Following “three decades” of personal-jurisdiction decisions that had “made it increasingly harder for plaintiffs to hold wrongdoers accountable in court, Ford “represents a stunning break in the Court’s long-running trend.”
Reuters interviews Jennifer Bennett for its series on “Winning Strategies: How I won at the Supreme Court”
June 2022:
Firm wins a unanimous U.S. Supreme Court ruling for workers over forced arbitration. Slate cited the case as one where “good lawyering” made the difference: “Jennifer Bennett, who represented Saxon, deployed her seemingly encyclopedic knowledge of interstate labor in 1920s America to shred each layer of Southwest’s reasoning.”
President Biden nominates former Gupta Wessler principal Rachel Bloomekatz to be a circuit judge on the U.S. Court of Appeals for the Sixth Circuit
Ninth Circuit grants the firm’s petition for rehearing en banc on the enforceability of online payday lenders’ “tribal arbitration” clauses, which had previously been struck down by ten separate panels from five circuits, all unanimous, and dozens of district courts
Firm seeks U.S. Supreme Court review to resolve circuit split over whether ERISA preempts a post-distribution state-law right to seek insurance proceeds
May 2022:
Firm persuades U.S. Supreme Court to let stand an appellate ruling that revived nearly 6,000 lawsuits over 3M’s Bair Hugger surgical warming device, clearing the way for trials to resume this fall. Coverage by Reuters and Bloomberg Law
Jennifer Bennett argues Fourth Circuit appeal opposing Section 230 immunity for credit-reporting agencies, with amicus support from FTC and CFPB
Firm files North Carolina Supreme Court appeal urging application of the U.S. Supreme Court’s recent Ford personal-jurisdiction precedent to LG Chem’s marketing and distribution of exploding lithium batteries
On appeal in the Ninth Circuit, the firm defends a $17 million jury verdict finding that a private company operating an immigration detention facility violated state minimum-wage law by paying $1 a day to immigrant workers detained at the facility
On behalf of wrongly convicted torture victim James Gibson, the firm asks court to recognize the Chicago Police Department’s well documented practice of torturing Black suspects in the 1980s, with amicus support from local business and civic leaders
April 2022:
Firm successfully opposes U.S. Supreme Court petition on standards for admitting scientific expert testimony. Coverage from Reuters and Law360.
Firm wins Ninth Circuit ruling that users’ mere use of a website does not indicate manifestation of assent to an arbitration clause in the website’s terms and conditions
Firm files Second Circuit appeal opposing liability shield for sloppy credit reports, supported by CFPB and FTC amicus brief
Jennifer Bennett speaks at Yale Law School on progressive textualism and the Supreme Court
March 2022:
Jon Taylor argues Second Circuit appeal on preemption of state consumer protection law under Dodd-Frank
Firm files Ninth Circuit brief arguing that employers may not discriminate against military reservists who take required short-term military leave
Deepak Gupta signs letter from U.S. Supreme Court practitioners urging permanent livestreaming of argument audio
Firm files U.S. Supreme Court brief in Viking River v. Moriana, arguing against implied preemption under the Federal Arbitration Claim of remedies under California’s Public Attorney General Act
February 2022:
Firm wins Federal Circuit appeal in First Amendment challenge to federal trademark statute
January 2022:
Firm wins Ninth Circuit appeal giving consumers a right to a day in court on lemon-law claims, rejecting car companies’ attempts to enforce dealers’ arbitration clauses; report at Reuters
Pentagon, DOJ, and CFPB announce joint amicus brief in support of the firm’s appeal to protect military servicemembers from predatory lending
Firm defeats railroad industry’s bid for Supreme Court review of preemption defense to bad-faith suits
Firm files U.S. Supreme Court brief in Morgan v. Sundance, arguing against the judge-made “liberal policy favoring arbitration”
December 2021:
Firm wins Tenth Circuit victory applying the Supreme Court’s Ford personal-jurisdiction decision to the telemarketing context; reports at Bloomberg Law and National Law Journal
Firm defeats anti-SLAPP motions to dismiss, on behalf of a family of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives, in their lawsuit against the Daily Caller, Luke Rosiak, and Salem Media for their multi-year xenophobic defamation campaign. Read the firm’s brief here.
Deepak Gupta argues Ninth Circuit appeal over Volkswagen’s historic “clean diesel” fraud
Matt Wessler argues Ninth Circuit appeal on federal preemption of cell-phone radiation suits
Firm defeats predatory auto lender’s bid for Supreme Court review on arbitration of “public injunction” claims
Firm opposes predatory mortgage lender’s plea for Supreme Court review on consumers’ standing to sue over biased appraisals
Firm opposes Supreme Court review of railroad’s preemption defense to bad-faith suits
Supreme Court grants review in the firm’s case on whether workers who load and unload interstate air cargo are exempt from forced arbitration; Jennifer Bennett will present oral argument in the case this term
Firm files Fourth Circuit appeal over standing to challenge digital discrimination on Facebook
D.C.’s Attorney General, Consumer Reports, Public Knowledge and Upturn support firm’s lawsuit on behalf of Muslim Advocates, arguing that Facebook can be held accountable for misleading consumers and Congress over its content-moderation polices
The New Yorker highlights an amicus brief filed by the firm in support of the Department of Education’s Gainful Employment Rule
November 2021:
Firm files amicus brief–in support of OSHA’s vaccinate-or-test standard–on behalf of American Public Health Association, Association of Schools and Programs of Public Health, Public Health and Health Care Organizations, 30 Deans of Leading Academic Programs, and 104 Leading Public Health and Health Policy Scholars
Firm wins Fourth Circuit victory over online tribal payday lending, defeating lenders’ efforts to enforce sham tribal arbitration agreements and invoke tribal sovereign immunity
In its lawsuit challenging Facebook’s misrepresentations about its content-moderation policies, the firm files briefs opposing Facebook’s motion to dismiss and anti-SLAPP motion
Firm opposes Supreme Court review on waiver of California public-injunction claims
Firm opposes Supreme Court review of decision holding that workers who load and unload interstate cargo are exempt from forced arbitration
Firm petitions Ninth Circuit for rehearing en banc on the enforceability of online payday lenders’ “tribal arbitration” clauses, which had previously been struck down by ten separate panels from five circuits, all unanimous, and dozens of district courts
Jon Taylor argues Federal Circuit appeal in First Amendment challenge to trademark statute
October 2021:
In U.S. Supreme Court, firm successfully defeats attempt by class-action objector Ted Frank to impose a new “lodestar cross-check” requirement on percentage-based fees in class-action settlements
In appeal over debt collectors’ “pay-to-pay” fees, firm files Ninth Circuit brief, with amicus support from CFPB
In appeal over Section 230 immunity for credit-reporting agencies, firm files brief, with amicus support from FTC and CFPB
Firm files Ninth Circuit brief on retroactivity of federal agency preemption of California worker break laws
September 2021:
Deepak Gupta is appointed to the Administrative Conference of the United States as a public member
On behalf of Everytown for Gun Safety, the firm files a Supreme Court brief championing an originalist case for public-carry laws based on seven centuries of Anglo-American history
Firm files Sixth Circuit brief on whether Dupont is barred from relitigating claims in long-running multidistrict litigation over the company’s contamination of Ohio and West Virginia families’ water supplies
August 2021:
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The firm is a winner in the “Appellate Hot List” category, for the second year in a row
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Jon Taylor is a winner in the “Rising Star” category
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Deepak Gupta is a finalist in the “Winning Litigator” category
Firm wins Third Circuit ruling holding that military servicemembers have a right to equal paid leave
Firm wins Seventh Circuit ruling holding that robocalling companies can’t hide behind their telemarketers
Firm wins First Amendment challenge to state restrictions on vegan “butter”
July 2021:
Deepak Gupta is awarded the Steven J. Sharpe Award for Public Service from the American Association for Justice for his achievement in successfully arguing Ford Motor Company v. Bandemer and Ford Motor Company v. Montana Eighth Judicial District Court in the Supreme Court
Firm files Fourth Circuit brief on enforceability of “infinite arbitration” contracts
June 2021:
Firm’s petition results in a rare Supreme Court win in a case of police excessive force: by a 6-3 vote, the Court summarily tossed out a pro-officer decision that failed to consider “well-known police guidance recommending that officers get a subject off his stomach as soon as he is handcuffed.” Coverage, quoting Jon Taylor, by Associated Press, Law & Crime, Law360, Washington Post, New York TImes, USA Today, NPR.
Deepak Gupta testifies before the Presidential Commission on the Supreme Court
Senate confirms Gupta Wessler alum Lina Khan as Chair of the Federal Trade Commission
Mother Jones reports on Facebook’s immunity arguments in the firm’s lawsuit, on behalf of Muslim Advocates, challenging Facebook’s false representations about policing hate groups on the platform
Newsweek reports on the firm’s representation of James Gibson, a black man tortured by the Chicago police into giving a false confession to murder
May 2021:
Matt Wessler argues Ninth Circuit appeal over personal jurisdiction in nationwide class actions
April 2021:
Firm files lawsuit, on behalf of Muslim Advocates, challenging Facebook’s false representations about policing hate groups on the platform. Coverage in Washington Post, Mother Jones, NPR, Reuters, USA Today.
Firm wins Ninth Circuit reversal of summary judgment on products-liability claims involving a defect in Ford’s panoramic sunroofs, which causes them to shatter without warning. Coverage in Law360.
In Bloomberg, Jen Bennett discusses the firm’s litigation challenging forced arbitration of claims by transportation workers
March 2021:
In Ford Motor Co. v. Montana Eighth Judicial District, the firm wins a unanimous U.S. Supreme Court victory for injured consumers’ right to access the courts to seek justice against out-of-state corporations. Coverage in New York Times, Wall Street Journal, Associated Press, Bloomberg, Reuters,
Firm defeats Facebook’s bid to take privacy case over user tracking to the U.S. Supreme Court
Firm wins Seventh Circuit ruling that airline ramp supervisors are exempt from the Federal Arbitration Act
Firm wins Fourth Circuit decision upholding a $10 million judgment for West Virginia consumers against a lender that used “particularly questionable” pressure tactics and deceit to “stack the deck” in mortgage appraisals
Firm wins preemption appeal for injured railroad worker in Montana Supreme Court
Ninth Circuit issues landmark opinion on guns–a culmination of the firm’s years-long effort, with Everytown for Gun Safety, to champion an originalist case for public-carry laws based on seven centuries of Anglo-American history
February 2021:
Firm wins Seventh Circuit appeal allowing military reservists who take required military leave to sue over pay discrimination under the Uniformed Services Employment and Reemployment Rights Act
Firm brings as-applied First Amendment challenge, in the Federal Circuit, to Lanham Act prohibition on registration of any trademark that “[c]onsists of or comprises a name … identifying a particular living individual except by his written consent”
January 2021:
On behalf of Environmental Defense Fund, Montana Environmental Information Center, and Citizens for Clean Energy, firm sues and successfully blocks a Trump Administration rule would cripple EPA’s ability to use science to protect the public health from going into effect
Deepak Gupta pens New York Times op-ed on Fourteenth Amendment’s insurrection clause
December 2020:
Firm files U.S. Supreme Court brief for the American Antitrust Institute on the FTC’s ability to seek disgorgement for antitrust violations
On behalf of restaurant and hotel competitors, firm files U.S. Supreme Court brief in Emoluments Clause suit against Donald Trump
November 2020:
The National Law Journal names Gupta Wessler to its list of “2020 Appellate Hot List” honorees–firms that “tackled novel issues and undoubtedly overcame unprecedented challenges over the past year, boasting high-profile and high-stakes wins in the nation’s highest appellate courts across a number of practice areas.”
Firm opposes two cert petitions on personal jurisdiction in nationwide class actions
October 2020:
Deepak Gupta argues U.S. Supreme Court cases, from Minnesota and Montana, on the jurisdiction of state courts to hear claims by injury victims against manufacturers of defective products. Coverage at USA Today, Bloomberg Law, National Law Journal, Reuters, CNBC, Law360.
September 2020:
Firm wins constitutional challenge, on behalf of Montana Governor Steve Bullock, to Trump Administration’s appointment of William Perry Pendley as acting director of the Bureau of Land Management. Coverage in Washington Post, NPR
Firm files petition for certiorari in the U.S. Supreme Court on the constitutional limits on police officers’ use of excessive force
In Ninth Circuit win, firm successfully defends a class-action settlement with Bank of America awarding $1.2 billion dollars in future savings and $70 million in direct monetary relief arising out of extended-overdraft charges
Jon Taylor argues Seventh Circuit appeal over pay discrimination against reservists who take required military leave, in violation of the Uniformed Services Employment and Reemployment Rights Act
Firm files amicus brief, on behalf of former federal officials, in U.S. Supreme Court case about tax shelters
August 2020:
On behalf of Open Technology Fund, firm sues the Trump Administration over $20 million in withheld congressionally-appropriated grant funds for global internet freedom. Coverage in Axios.
On behalf of Governor Steve Bullock of Montana, firm seeks expedited summary judgment in Appointments Clause over William Perry Pendley’s unlawful tenure as acting director of the Bureau of Land Management. Coverage in Washington Post.
By a 8-4 vote, the Second Circuit denies rehearing en banc in the firm’s suit against Donald Trump under the Constitution’s Emoluments Clauses on behalf of hotel and restaurant competitors of the President’s businesses. The decision permits the suit to go forward. Coverage in Bloomberg, National Law Journal, Law & Crime, Courthouse News, Law360.
Court grants preliminary injunction in firm’s First Amendment challenge, with Animal Legal Defense Fund, on behalf of Miyoko’s Kitchen, a 100% plant-based foods company targeted for censorship by the State of California’s Milk and Dairy Foods Safety Branch
July 2020:
Firm wins Third Circuit appeal, defeating online payday lender’s tribal arbitration clauses
Firm files brief on behalf of a family of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives in a lawsuit against the Daily Caller and Regnery Publishing for a multi-year xenophobic defamation campaign
The D.C. Circuit grants our emergency motion to enjoin the Trump Administration from attempting an unlawful hostile government takeover of the Open Technology Fund, an independent nonprofit organization dedicated to global freedom of expression on the Internet. Coverage in The Washington Post, National Law Journal, Law and Crime, Voice of America, Bloomberg. Firm files D.C. Circuit brief on the merits and Kretchun declaration.
Firm files lawsuit on behalf of the State of Montana, challenging William Perry Pendley’s unlawful tenure as acting director of the federal Bureau of Land Management
Firm files emergency motion and reply in the D.C. Circuit to block the federal government’s attempted takeover of Open Technology Fund
Firm announces the filing with the EEOC of class action charges alleging that Facebook discriminates against Black employees and applicants. The workers could represent thousands of Black professionals denied jobs or promotions by the social media giant. Coverage in the Washington Post, CNN, NPR, Reuters
Firm files class action against ten property-management companies over ageist housing ads on Facebook
June 2020:
On behalf of the Open Technology Fund and board members of Radio Free Europe, Radio Free Asia, and Middle East Broadcasting Networks, firm files lawsuit challenging the U.S. Agency for Global Media’s attempted “Wednesday Night Massacre” of the leadership of agency-funded news and anti-censorship organizations. Motion for temporary restraining order and reply brief . The firings have sparked bipartisan outrage. Coverage in the New York Times, Reporters Committee, Fox News
In collaboration with the ACLU of Michigan, Civil Rights Corps, and Advancement Project, the firm files a Sixth Circuit merits brief defending a preliminary injunction requiring basic safeguards for prisoners at risk of COVID-19. In a previous round of emergency briefing, the firm successfully opposed a stay, which the Sixth Circuit promptly denied.
Firm files brief in Flynn case for House Judiciary Committee members. Law and Crime, CNN.
Gupta argues appeal in Montana Supreme Court over whether a century-old remedial statute for federal workers preempts state bad-faith claims
May 2020:
Firm wins Tenth Circuit appeal for cancer-treatment providers, defeating drug company’s preemption defenses
Firm files preliminary-injunction motion and opposes motion to dismiss in First Amendment challenge on behalf of a plant-based dairy producer targeted for censorship by California’s Milk and Dairy Foods Safety Branch
The Pound Civil Justice Institute‘s 2020 Appellate Advocacy Award recognizes advocacy by Matt Wessler, Jon Taylor, and Jennifer Bennett leading to two recent wins in the U.S. Supreme Court
In California Supreme Court, the firm files a petition for review on employer’s paystub disclosure obligations to prevent wage theft
In a win for the firm in the Fourth Circuit, the en banc court reinstates D.C. and Maryland’s Emoluments Clause suit over Donald Trump’s receipt of payments from foreign and domestic governments. The firm is proud to represent D.C. and Maryland in this historic case
In a win for the firm in the Eighth Circuit, the court affirms a half-million-dollar punitive damages award for fraud against an unscrupulous used-car dealer
April 2020:
On behalf of the Association of Administrative Law Judges, the firm files a constitutional challenge to appointments to a key federal panel that oversees impasses in federal labor relations; brief on the merits and reply
Firm files Seventh Circuit appeal over pay discrimination against reservists who take required military leave, in violation of the Uniformed Services Employment and Reemployment Rights Act.
Firm files Second Circuit reply in challenge to regulation that fails to protect investors, in violation of the Dodd-Frank Act. ThinkAdvisor.
March 2020:
Firm files U.S. Supreme Court merits brief on why manufacturers like Ford Motor Company should not be able to force people injured by their products to travel thousands of miles to get in the courthouse door.
Three former staffers on Michael Bloomberg’s presidential campaign file a nationwide class-action lawsuit alleging that the campaign reneged on its promise to keep them employed for the general-election campaign, instead leaving them without an income or health insurance in the midst of a global pandemic. Politico
State failure-to-warn claims against Monsanto’s pesticide Roundup are not preempted by federal law, the firm explains in a Ninth Circuit brief for the American Association of Justice
February 2020:
Firm wins U.S. Supreme Court victory for employees seeking to hold companies accountable for taking imprudent or undisclosed risks with their retirement savings. In a unanimous opinion in Intel v. Sulyma, argued by Matt Wessler last December, the Court holds that, for purposes of an ERISA limitations period, a plaintiff does not necessarily have “actual knowledge” of information contained in disclosures that she receives.
The firm announces a new San Francisco office, to be headed by Jennifer Bennett, an accomplished Supreme Court and appellate advocate who joins the firm from Public Justice. Neil Sawhney, a former fellow, will be an associate in the new office. Coverage at Bloomberg Law and Law360
In SCOTUSblog symposium, Deepak Gupta discusses Supreme Court showdown over Consumer Bureau’s constitutionality
Firm files a Ninth Circuit brief defending a $102 million verdict on behalf of tens of thousands of workers who successfully sued Walmart over systemic violations of California labor law requiring pay transparency
In an appellate victory for the firm, the First Circuit revives an antitrust class action against Sanofi-Adventis, concluding that the drug company wrongly placed a patent for an insulin injector in the FDA’s “Orange Book,” thereby keeping other companies from developing similar insulin injectors; coverage at Law360; Bloomberg Law
Firm files First Circuit brief on behalf of families of the forty-seven peopled killed in the train derailment and explosion that leveled the town of Lac-Mégantic, Québec
Firm files First Amendment challenge, with Animal Legal Defense Fund, on behalf of Miyoko’s Kitchen, a 100% plant-based foods company targeted for censorship by the State of California’s Milk and Dairy Foods Safety Branch. Coverage in San Francisco Chronicle.
Peter Romer-Friedman, head of the firm’s new civil rights and class action practice, testifies before the U.S. House of Representatives, Education and Labor Committee, Subcommittee on Civil Rights. Bloomberg Law and Law360 featured articles about Peter joining the firm
January 2020:
A group of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives sue the Daily Caller and Regnery Publishing for defamation; reports in The Washington Post, Daily Beast, and CNN
Firm files brief in U.S. Supreme Court on behalf of scholars of financial regulation in support of the constitutionality of the Consumer Financial Protection Bureau; report in Reuters
U.S. Supreme Court grants cert in two personal-jurisdiction cases in which the firm represents the respondents; reports by Reuters and Bloomberg. Deepak Gupta will argue the cases before the Supreme Court this April
December 2019:
November 2019:
Firm files U.S. Supreme Court brief successfully defending $60 million jury verdict in telemarketing class action
Deepak Gupta discusses the Emoluments Clauses with Dahlia Lithwick on Slate’s Amicus podcast
Firm files brief for access-to-justice groups supporting federal government’s authority to limit forced arbitration in nursing home admissions, in response to industry’s lawsuit
Firm files brief in opposition to certiorari in the U.S. Supreme Court, opposing Ford Motor Company’s effort to curtail standards for personal jurisdiction
October 2019:
Firm files U.S. Supreme Court merits brief on the timing of suits by workers seeking to hold employers accountable for taking imprudent risks with their retirement savings
In the Wisconsin Supreme Court, Matt Wessler argues separation-of-powers challenge to the Wisconsin GOP’s power-grab legislation, which stripped the Governor and Attorney General of their powers in a lame-duck session after the 2018 election; report at Courthouse News
Fourth Circuit agrees to en banc rehearing of D.C. and Maryland Emoluments Clause case against Trump; report at Reuters
Firm files brief in opposition to certiorari in the U.S. Supreme Court on behalf of the City of Philadelphia, urging the Court to decline review of Catholic Social Services’ claim that it has a constitutional right to use taxpayer funds to discriminate against same-sex couples as prospective foster parents
Firm files brief on behalf of a coalition of labor unions, highlighting the stories of some of the 700,000 DACA recipients whose lives will be devastated if the Trump Administration revokes their legal status
September 2019:
Firm wins Emoluments Clause appeal against Donald Trump (CREW v. Trump), on behalf of hotel and restaurant competitors of Trump’s businesses. Reports in Washington Post, Wall Street Journal, Reuters, and Bloomberg. Deepak Gupta discussed the decision with Rachel Maddow on MSNBC
Matt Wessler argues major D.C. Circuit appeal on the future of nationwide class actions. Reports by Law360 and Bloomberg Law
Danny Townsend argues Tenth Circuit appeal on power of federal courts to award litigation costs under state law
House Judiciary Committee Chairman Nadler cites testimony of “prominent public interest attorney” Deepak Gupta in markup of Forced Arbitration Injustice Repeal (FAIR) Act
Matt Wessler argues First Circuit appeal at the intersection of antitrust, patent, and drug regulation, challenging an insulin manufacturer’s anticompetitive scheme to maintain monopoly power over the multi-billion dollar insulin market
Firm sues the SEC for issuing a rule that dilutes consumer protections for retail investors and allows brokers to maintain harmful conflicts of interest, in violation of the Dodd-Frank Act
August 2019:
Trump administration can’t unilaterally wipe out California’s century-old labor protections for truck drivers, firm tells Ninth Circuit
On behalf of domestic-violence shelters, the firm briefs a lawsuit challenging the constitutionality of a new West Virginia law that forbids shelters from even from asking about the presence of firearms on their own property
Firm files letter briefs urging California Supreme Court to accept certification from the Ninth Circuit to clarify the standard of liability under California’s meal-and-rest-break laws
Firm’s Supreme Court brief for Everytown debunks the NRA’s false historical claim that individuals have always and invariably been allowed to carry loaded guns in public in England and America
July 2019:
On behalf of Montana and New Jersey, firm prevails in challenge to Trump Administration’s decision to stop collecting donor information from dark-money groups
In Ninth Circuit, firm defends a class-action settlement with Bank of America awarding $1.2 billion dollars in future savings and $70 million in direct monetary relief arising out of extended-overdraft charges
In Eighth Circuit, firm defends a $5.8 million punitive-damages award against a used car dealer that knowingly sold dangerous cars
In a California state appeal, firm defends $2.8 million class-action settlement in wage-and-hour litigation against Diamond Resorts
In Federal Circuit appeal, firm files reply in defense of partial victory in a class action challenging the federal judiciary’s collection of excessive fees for access to online court records (PACER)
June 2019:
In Eighth Circuit appeal, firm defends class certification in lawsuit against Union Pacific for maintaining employment policy that violates the Americans with Disabilities Act. AARP, the Impact Fund, Public Justice, and a coalition of other public-interest organizations file amicus brief in support.
In Fourth Circuit appeal, firm defends $11 million judgment against subprime mortgage lender Quicken Loans for unlawfully skewing the home appraisal process
Firm files lawsuit with Everytown for Gun Safety on behalf of coalition of domestic-violence shelters challenging West Virginia law that requires them to allow guns onto their parking lots and forbids them even from asking questions about guns in their parking lots.
May 2019:
California Public Employees’ Retirement System (CalPERS) and Colorado Public Employees Retirement Association seek intervention to defend shareholders’ right to bring securities-fraud lawsuits, and move to dismiss a suit aimed at encouarging companies to include forced arbitration clauses in their corporate bylaws. Reuters
Firm opposes attempt by class-action objector Ted Frank to obtain Supreme Court review of cy pres award in class-action settlement
In an appeal briefed by the firm, the Fourth Circuit affirms a $61 million class-action verdict arising out of robocalls in violation of the Telephone Consumer Protection Act
Firm files reply on behalf of Montana and New Jersey in challenge to the Trump Administration’s decison to stop collecting contributor information from dark-money groups
Deepak Gupta opposes draft Restatement on Consumer Contracts. Coverage at American Prospect, The Verge, The Record, AmLaw Litigation Daily. Gupta also participated in a panel on the restatement at George Mason’s annual judicial symposium on civil justice
Deepak Gupta to testify before House Judiciary Committee on forced arbitration. Coverage in CityLab, Yahoo, and Law360.
Firm wins Ninth Circuit appeal upholding state and federal protections against abuses by background-screening companies
Deepak Gupta speaks at an event–sponsored by the American Constitution Society and Center for American Progress–on corporate capture and the U.S. Supreme Court
On behalf of Boston and Brookline, the firm opposes U.S. Supreme Court review of a Second Amendment challenge to the town’s public-carry licensing regimes for firearms
April 2019:
On behalf of the Governor of Montana, the firm files a brief in a challenge to the IRS’s decision to stop collecting donor information from dark-money groups
Firm opposes U.S. Supreme Court review on timing of ERISA imprudent-investment claims
March 2019:
Deepak Gupta argues before the U.S. Supreme Court as Court-appointed counsel in support of a judgment left undefended by the Solicitor General.
In a landmark ruling in favor of the firm’s union clients, Wisconsin court strikes down GOP lame-duck legislation on separation-of-powers grounds
Matt Wessler argues unions’ constitutional challenge to laws passed by lame-duck GOP-controlled Wisconsin Legislature to weaken the powers of the incoming Democratic governor and attorney general. Coverage at Courthouse News, Wisconsin Public Radio and WRAL
Firm files appeal in the Nevada Supreme Court to enforce a state law, adopted by ballot initiative, to close the legal loophole that lets people buy guns without background checks
Firm files D.C. Circuit brief on personal jurisdiction over class actions in federal court in the wake of the Supreme Court’s decision in Bristol-Myers Squibb
Firm files Seventh Circuit brief for American Association for Justice on the application of the Supreme Court’s decision in Bristol-Myers Squibb to nationwide class actions in federal court
Firm files U.S. Supreme Court brief for mathematicians and law professors in partisan gerrymandering cases
In a case challenging wealth-based detention in Alabama’s criminal justice system, firm files brief arguing against a county sheriff’s novel sovereign immunity defense
Danny Wilf-Townsend pens op-ed in the Washington Post on forced arbitration and federal privacy policy
Firm files First Circuit brief in an antitrust case seeking to hold a drug company accountable for its anticompetitive scheme to exclude competition from the multi-billion dollar insulin market
February 2019:
Firm files reply in separation-of-powers challenge to Wisconsin’s extraordinary power-grab legislation
In an appellate victory for environmental-justice and social-justice nonprofits, the firm defeats the oil industry’s SLAPP suit arising out of successful litigation over illegal and discriminatory oil-drilling practices in Los Angeles. Fellow Danny Townsend argued the appeal.
January 2019:
Firm files lawsuit and emergency motion on behalf of Wisconsin unions, taxpayers, and a state senator, challenging extraordinary power-grab legislation on state separation-of-powers grounds
Firm files a brief as court-appointed amicus at the invitation of the U.S. Supreme Court on judicial review of social security cases
Jon Taylor debates public carry and the Second Amendment at the Federalist Society and a symposium on Heller‘s 10-year anniversary at UC Hastings
Firm argues Sixth Circuit consumer-protection appeal over high-interest bank payday loans
Deepak Gupta, in residence at Harvard Law School as a Wasserstein Public Interest Fellow, speaks about forced arbitration and practice at private public interest firms
Firm argues before the Ohio Supreme Court on behalf of environmental groups in a challenge to the bailout of FirstEnergy’s power plants by the Ohio Public Utilities Commission
In a lawsuit challenging an Ohio school district’s decision to arm teachers and staff, the firm defeats a critical motion to quash
December 2018:
The firm defends on appeal a $60 million verdict against Dish Network for widespread violations of the federal telemarketing laws; report in Bloomberg Law
The firm files an appellate brief arguing that an online payday lender’s illegal loans are not shielded by tribal sovereign immunity; amicus briefs in support filed by 15 states and the Center for Responsible Lending
On behalf of the District of Columbia and the State of Maryland, the firm opposes President Trump’s request that the Fourth Circuit stay litigation over his violations of the Constitution’s Emoluments Clauses
The firm seeks Supreme Court review on scope of copyright protection for photography in dispute with Nike over a famous photograph of Michael Jordan; reports in Law360 and Reuters
Firm fights Navient’s attempt to subpoena former CFPB student loan watchdog Seth Frotman; reports at The Intercept, National Law Journal, and Law360
Fellow Danny Townsend argues appeal for environmental justice nonprofits defending against oil industry’s SLAPP suit, which arises from the nonprofits’ successful litigation over oil drilling in Los Angeles
November 2018:
U.S. Supreme Court appoints Deepak Gupta to brief and argue in support of a judgment left undefended by the Solicitor General; report in National Law Journal
Firm files appellate brief in defense of Michigan county regulation prohibiting the sale of tobacco products to youth under 21 years of age
In a Ninth Circuit appeal argued by Matt Wessler, firm wins a victory for employees seeking to hold companies accountable for taking imprudent or undisclosed risks with their retirement savings; report at Law360
Rachel Bloomekatz files appellate brief in an Ohio criminal appeal, arguing the unconstitutionality of a fifty-year resentencing of a juvenile nonhomicide offender
D.C. Commission on Arts & Humanities reverses position on censorship restrictions, after the firm works with ACLU and arts community to mount First Amendment objections; reports at Washington Post, Washington City Paper, Art Newspaper
In a First Circuit case argued by Jon Taylor on behalf of the Town of Brookline, the firm defeats a Second Amendment challenge to the town’s implementation of Massachusetts’s public-carry restrictions; reports at Bloomberg and Masslive
In Emoluments Clause challenge brought by the firm’s clients, Maryland and D.C., court denies the President’s request to appeal and stay proceedings and orders discovery schedule; reports in Washington Post, New York Times, CNN
Over a five-judge dissent, firm’s opposition defeats Ninth Circuit rehearing petition on evidentiary standards for class certification; report in Law360
October 2018:
Deepak Gupta argues Second Circuit appeal on standing of hotel and restaurant competitors to challenge Donald Trump’s Emoluments Clause violations; story at Courthouse News and Law360
Matt Wessler argues ERISA statute of limitations appeal in Ninth Circuit
American Association for Justice files comments to Federal Motor Carrier Safety Administration explaining that it lacks authority to entertain the trucking industry’s request to preempt California’s meal and rest break rules
Deepak Gupta speaks at NCLC’s annual Consumer Rights Litigation Conference on the future of consumer rights in the Supreme Court and appellate courts
Deepak Gupta speaks at Berkeley Law
Firm beats online payday lenders tribal-arbitration clause
Firm files U.S. Supreme Court brief for Open Markets Institute on whether Apple is subject to antitrust liability for its monopoly over the market for iPhone apps
September 2018:
Port Authority of New York and New Jersey, the firm’s client, approves a minimum-wage policy for JFK, LaGuardia, and Newark International airports that will bring the wages of thousands of airport workers to $19 an hour by 2023. Press release; New York Times
Firm files U.S. Supreme Court brief on behalf of American Association for Justice in Harry Schein v. Archer and White, a case about the enforcement of delegation clauses in arbitration agreements
Parents sue school district in Ohio, seeking an injunction blocking the district from arming teachers and staff without the training required by law, as well as a court order requiring disclosure of policies and procedures for arming staff. The firm represents the parents in collaboration with Everytown for Gun Safety.
Firm wins Third Circuit appeal: job applicants have standing to sue over employers’ failure to let them review criminal-history background reports. Deepak Gupta argued the appeal, in collaboration with Outten & Golden LLP, Philadelphia Lawyers for Social Equity, the Lawyers’ Committee for Civil Rights, and Public Interest Law Center. Report in Law360
Firm challenges online payday lender’s tribal-arbitration clause
August 2018:
In the too-close-to-call special election in Ohio’s 12th congressional district, Danny O’Connor’s campaign retains Rachel Bloomekatz and the firm to serve as post-election campaign counsel — “a clear sign that they’re ready to fight if there’s an opportunity to close a 1,564-vote deficit to Republican Troy Balderson”
Firm files brief for Everytown, joined by Larry Tribe, explaining why downloadable 3D printed guns are not speech protected by the First Amendment
Firm files D.C. Circuit brief for Open Markets Institute in appeal over AT&T/Time Warner merger
July 2018:
Court rules that the firm’s clients, Maryland and the District of Columbia, have stated a claim under the Constitution’s Emoluments Clauses against President Trump, allowing suit to go forward. Coverage in N.Y. Times, Washington Post
Jon Taylor argues major Second Amendment appeal in defense of public-carry restrictions. Coverage in Reuters
Gupta joins the board of the National Consumer Law Center
Firm files brief for the American Medical Association and ten other groups of medical professionals on the public-health effects of e-cigarettes and cigars
On behalf of Everytown for Gun Safety, firm urges Ohio school board not to arm teachers
June 2018:
Firm represents the Town of Brookline, Massachusetts, defending a Second Amendment challenge to its restrictions on public carry of firearms
Firm successfully opposes the trucking industry’s bid for Supreme Court review of a case seeking to extend federal preemption to employee break laws. Coverage in the Wall Street Journal
May 2018:
Firm defeats an attempt by General Motors and the U.S. Chamber of Commerce to persuade the U.S. Supreme Court to review a decision ordering a damages-only trial in a multimilion-dollar products-liability case. Coverage at Law360
Firm files U.S. Supreme Court brief opposing the trucking industry’s attempt to extend federal preemption to employee break laws
Firm wins Eighth Circuit appeal, rejecting a Missouri city’s immunity defenses in a constitutional challenge to its “pay-to-play” system, in which poor people arrested for minor municipal infractions are placed in jail when they can’t afford to pay fees
In SCOTUSblog, Gupta comments on the Supreme Court’s decision in Epic Systems, which blocks workers from banding together to redress the full range of workplace legal violations — including wage theft, sexual harassment and race and gender discrimination
Firm files appellate brief for environmental justice nonprofits defending oil industry’s SLAPP suit arising out of the nonprofits’ successful litigation over oil drilling in Los Angeles
Jon Taylor argues D.C. Circuit appeal defending class-action ruling that the IRS has illegally charged tax preparers hundreds of millions of dollars
April 2018:
Firm files Second Circuit brief on hotel and restaurant competitors’ standing to sue Trump for violations of Emoluments Clauses
Deepak Gupta argues D.C. Circuit appeal in challenge to Trump’s appointment of Mick Mulvaney as Acting Director of the Consumer Financial Protection Bureau (English v. Trump). Coverage in New York Times, Wall Street Journal, Los Angeles Times, NPR, Bloomberg BNA
Jon Taylor argues Eighth Circuit appeal in constitutional challenge to Missouri city’s “pay-to-play” system, in which people arrested for minor municipal infractions are placed in jail if they can’t afford to pay fees
Rachel Bloomekatz files Pennsylvania Supreme Court brief for 15 public-health groups in support of Philadelphia’s soda tax. Coverage at NPR.
Joshua Matz gives speech on “Legal Resistance to the Trump Administration” at Harvard Law School
March 2018:
In historic ruling, federal court holds that the District of Columbia and State of Maryland, the firm’s clients, have standing to pursue a lawsuit challenging Donald Trump’s violations of the Constitution’s Emoluments Clauses. Background here. Coverage in the Washington Post, New York Times, CNN, NPR
Firm files D.C. Circuit reply in CFPB leadership fight (English v. Trump)
In class action brought by the firm, district court rules that the Judiciary misused PACER fees. Coverage in the National Law Journal of the ruling and oral argument.
Jon Taylor is named to the “2018 Rising Stars of Law 40 under 40” by DCA Live, honoring the “great young legal talent in the Washington region.”
Firm successfully opposes drug company’s bid for U.S. Supreme Court review of standards for admissibility of expert testimony. Coverage in Law360.
Firm files brief for eight national labor unions, presenting the experiences of individual union members who have benefitted from DACA and the real human toll of President Trump’s decision to rescind the program
Firm files D.C. Circuit brief defending a class-action ruling that the IRS has illegally charged hundreds of millions of dollars to tax preparers
February 2018:
Firm wins Third Circuit decision holding that an internet payday lender’s tribal arbitration scheme is unenforceable because it “directs arbitration to an illusory forum. Coverage in Law360.
Firm files U.S. Supreme Court brief for the American Association for Justice on equitable tolling for subsequent class actions (China Agritech v. Resh)
Firm files Ohio Supreme Court brief for the Environmental Defense Fund, Environmental Law and Policy Center, and Ohio Environmental Council in a challenge to the bailout of FirstEnergy’s power plants by the Ohio Public Utilities Commission
Firm files Ninth Circuit reply in wage-and-hour class action on behalf of California truck drivers
January 2018:
In a First Amendment victory for California merchants represented by the firm, the Ninth Circuit strikes down as unconstitutional a statute designed to keep consumers in the dark about the cost of credit cards. Coverage in Law360.
In the legal battle over the leadership of the Consumer Financial Protection Bureau (English v. Trump), the firm files its appellate brief for Leandra English in the D.C. Circuit
December 2017:
In a win for the firm’s clients, the Ninth Circuit rejects the use of forced arbitration in privatized criminal justice. A private debt-collection company that threatens criminal prosecution on official letterhead, the court holds, cannot avoid court through the fine print. The firm’s appeal was supported by several amici curiae, including the national ACLU, Public Justice, the National Consumer Law Center, and several law professors.
Firm wins Second Circuit decision reviving class action against Capital One on bank overdrafts
Firm files Supreme Court brief Open Markets Institute in Ohio v. American Express, explaining why the Court should not adopt a special antitrust rule for “two-sided” markets
November 2017:
Deepak Gupta and the firm profiled by Bloomberg Law
Firm wins Ninth Circuit victory: Court rejects novel debt collector tactic of purchasing consumers’ collection-abuse claims out from under them at auctions on the courthouse steps
Deepak Gupta argues Trump University appeal on November 15 in the Ninth Circuit
Law360 profiles Deepak Gupta and the firm, noting that Gupta Wessler has “staked a name for itself” as a “premier plaintiffs-side appellate firm”
Firm files brief for District of Columbia and State of Maryland in challenge to Donald Trump’s violations of the Constitution’s Emoluments Clauses
On behalf of consumer watchdog Allied Progress, firm files comments to FCC in opposition to Sinclair-Tribune local TV merger
On behalf of the American Farm Bureau Federation and South Dakota Farm Bureau Federation, firm files a brief supporting the Supreme Court’s reconsideration of Commerce Clause jurisprudence requiring an in-state physical presence for sales tax
October 2017:
Firm files Ninth Circuit brief for public-health groups, supporting rehearing of a decision striking down San Francisco’s soda warnings on compelled-speech grounds, and highlighting the decision’s implications for tobacco warnings
U.S. Supreme Court leaves in place Rachel Bloomekatz’s victory in Ohio juvenile justice case. Coverage by AP.
Defending major Ohio Supreme Court juvenile justice victory,
Firm files Third Circuit brief challenging Internet payday lender’s tribal arbitration scheme
Firm files U.S. Supreme Court brief in Christie v. NCAA for Stop Predatory Gambling and a diverse coalition of religious, public-health, and economic-justiec groups from across the political spectrum
Deepak Gupta speaks at Yale Law School
Matt Wessler argues First Circuit appeal over enforceability of arbitration clause in Uber’s terms of service
September 2017:
Daniel Wilf-Townsend joins the firm as 2017-2018 Fellow in Appellate and Constitutional Litigation
Deepak Gupta debates Donald Trump’s Emoluments Clause violations at Harvard Law School
Firm files U.S. Supreme Court brief for Ohio elections officials in opposition to the Ohio Secretary of State’s voter purges
Joshua Matz argues prisoner appeal in Ninth Circuit as appointed counsel
Deepak Gupta argues a Ninth Circuit appeal (supported by the ACLU and consumer groups and scholars) over a private corporation’s attempt to force consumers into arbitration through threats of criminal prosecution
Matt Wessler argues Fourth Circuit appeal in an ERISA class action challenging an employer’s retroactive reduction of millions in retirement benefits
Tenth Circuit revives First Amendment challenge to Wyoming’s “Ag-Gag” law
August 2017:
Joshua Matz joins the firm. Matz is a former law clerk to U.S. Supreme Court Justice Anthony Kennedy, publisher of the Take Care blog, and co-author with Laurence Tribe of Uncertain Justice: the Roberts Court and the Constitution. An article by Marcia Coyle in the The National Law Journal profiles both Joshua and the firm
In an appeal argued by Jon Taylor, the firm wins an Eighth Circuit decision ordering a damages-only trial in a multimillion-dollar products-liability case against General Motors
On behalf of Everytown, firm files brief arguing that the full D.C. Circuit should rehear a decision depriving the government of its power to regulate the public carrying of guns on the streets of Washington, DC
Firm files Eighth Circuit brief in constitutional challenge to “pay-to-play” system in which people arrested for minor municipal infractions are forced to pay a fee to the City of Maplewood, Missouri and are placed in the city’s jail if they can’t afford to pay
Deepak Gupta argues Ninth Circuit appeal, on remand from U.S. Supreme Court victory, in First Amendment challenge to California’s credit-card surcharge statute
Firm seeks seeks summary judgment in class action challenging fees to access federal court records via PACER
Firm files U.S. Supreme Court brief for American Association for Justice on whether corporate employers may use forced arbitration clauses to prevent employees from banding together in court. AAJ’s brief urges the Court to be mindful of the many federal agency regulations that have restricted corporations’ abusive use of forced arbitration against Americans
Firm files opposition to motion to dismiss in CREW v. Trump, challenging Donald Trump’s violations of the Foreign and Domestic Emoluments Clauses. Coverage in The Economist, Hollywood Reporter, and National Law Journal
In Ninth Circuit appeal, Matt Wessler successfully defends $42 million judgment in a class action against an online grocer
July 2017:
Firm files reply in Trump University appeal
Matt Wessler and Deepak Gupta speak on various topics–including the Supreme Court’s latest civil-justice cases and the state of plaintiff-side appellate advocacy–at the American Association for Justice convention in Boston
As the Trump administration walks away from class-action protections in the Fiduciary Rule, the firm files a Fifth Circuit brief for the American Association for Justice; report at BNA
Firm files Supreme Court brief for former antitrust officials in American Express antitrust case
Deepak Gupta, described as “one of the country’s top litigators,” named to the Fastcase 50 –“honoring the law’s smartest, most courageous innovators, techies, visionaries, & leaders”
June 2017:
Firm wins U.S. Supreme Court victory in cross-border shooting case: Justices reject officer’s qualified-immunity defense & remand on availability of damages suit
On behalf of Michigan county, firm opposes preliminary injunction of local regulation prohibiting tobacco sales to 18-t0-21-year-olds
In victory for firm’s lawsuit, court rules that the IRS illegally charged millions of dollars in fees to tax preparers
Deepak Gupta argues Ninth Circuit appeal over novel debt-collection tactic: buying consumers’ collection-abuse claims at auction
Trump files motion to dismiss in CREW’s Emoluments Clause suit; AP
D.C. and Maryland attorneys general sue Trump over emoluments
May 2017:
Firm files reply in support of Supreme Court petition in Chevron-Ecuador case
Defending major Ohio Supreme Court juvenile justice victory, firm files brief opposing U.S. Supreme Court petition
Bipartisan group of members of Congress file Supreme Court brief supporting servicemembers’ rights over forced arbitration; Bloomberg
Public-health groups challenge “one-in-two-out” executive order on deregulation
Rachel Bloomekatz argues Fourth Circuit appeal over $2.5 million punitive damages award under Fair Credit Reporting Act
New York hotel owner joins CREW’s Emoluments Clause lawsuit against Donald Trump; CNN
Deepak Gupta interviewed about Trump’s conflicts of interest by Soledad O’Brien
April 2017:
Rachel Bloomekatz receives American Constitution Society’s Progressive Young Leadership Award
Firm files Ninth Circuit brief on forced arbitration and privatized criminal justice; amicus briefs by ACLU and other groups & scholars
Deepak Gupta speaks at Northern District of California and District of Columbia judicial conferences
March 2017:
In victory for firm’s First Amendment challenge, U.S. Supreme Court holds that New York’s credit-card surcharge law regulates speech; NY Times, Washington Post, Law360
Financial regulation & consumer protection scholars file brief in support of Consumer Bureau’s constitutionality
Firm files Supreme Court petition in Chevron-Ecuador case over $8 billion Ecuadorian pollution judgment
Matt Wessler argues before U.S. Supreme Court in health-insurance preemption case
Jon Taylor argues before Eighth Circuit in appeal from products-liability trial concerning design of GM seat-belt system
On behalf of public health groups, firm files brief in support of Philadelphia’s soda tax
Florida Supreme Court upholds state’s prohibition on open carry of firearms, adopting firm’s historical analysis for Everytown
February 2017:
Deepak Gupta interviewed on Slate’s Amicus podcast
Bloomberg BNA highlights firm’s Supreme Court work
Firm files U.S. Supreme Court reply for family of victim in cross-border shooting by U.S. border guard
Firm files First Circuit brief in appeal challenging Uber’s efforts to force riders into arbitration
Jonathan Taylor speaks at University of Virginia Law School on NFL and concussions
Deepak Gupta speaks at American Association for Justice convention on Supreme Court and regulatory litigation
January 2017:
The National Law Journal profiles Gupta Wessler
Firm joins with constitutional scholars and ethics experts to file lawsuit against Trump over foreign emoluments; NY Times; NPR; CNN; MSNBC; Slate
Firm files FOIA request on Justice Department review of Trump executive orders
Firm wins Ninth Circuit appeal, argued by Jon Taylor, challenging fairness of class-action settlement; Recorder
Court certifies class action challenging PACER fees for access to federal court records; Politico; Law360
Firm files U.S. Supreme Court brief in health-insurance preemption case
Deepak Gupta speaks at Yale Law School
December 2016:
Ohio Supreme Court announces major victory for juvenile justice in case argued by Rachel Bloomekatz, holds functional life sentences for juveniles violate Eighth Amendment
Ninth Circuit upholds waiting period against Second Amendment challenge; concurrence adopts approach urged in firm’s brief for Everytown
Firm files U.S. Supreme Court merits brief for family of unarmed Mexican boy killed in cross-border shooting by U.S. border guard; a wide range of amici file in support (human rights groups, scholars, former border officials and police chiefs)
Non-profits’ lawsuit attacking PACER fees for access to court records is allowed to proceed
Firm briefs ERISA appeal on retroactive reduction of millions in retirement benefits
November 2016:
On behalf of ten consumer and civil rights groups, firm urges full D.C. Circuit rehearing on constitutionality of Consumer Bureau’s structure
Firm files reply in support of U.S. Supreme Court petition in NFL concussion litigation
Wessler interviewed by New York Times on nationwide injunctions
Firm files U.S. Supreme Court merits brief in First Amendment challenge to law that keeps consumers in the dark about swipe fees; a wide range of amici file in support (consumer groups, retailers, scholars)
U.S. Supreme Court grants firm’s third case of the term, involving limits on federal preemption
Gupta speaks on future of access to courts: C-SPAN
Wessler and New Yorker writer McGrath run legal writing workshop
Victims of Flower Branch gas explosion file lawsuits seeking compensation
Firm files brief on behalf of American Association for Justice on new federal rule banning pre-dispute arbitration by nursing homes
October 2016:
U.S. Supreme Court grants firm’s petition in cross-border shooting case, raising fundamental questions about the Constitution’s extraterritorial reach
On behalf of the National League of Cities, U.S. Conference of Mayors, and local-government groups, firm files U.S. Supreme Court brief on cities’ ability to sue under Fair Housing Act /
Youth and environmental-justice groups settle lawsuit challenging oil drilling in Los Angeles
Deepak Gupta elected to the American Law Institute
Firm files cert petition and acquiesces to cert in health-insurance preemption cases
September 2016:
Firm files Supreme Court petition in NFL concussion litigation; New York Times; AP; BNA
Gupta interviewed by BNA on appellate boutique practice
On behalf of Everytown for Gun Safety, firm files brief on “common use” and the Second Amendment; Washington Post
Gupta speaks at Yale Law School on “First Amendment Jurisprudence: What is Speech?”
Wessler speaks at ABA on Article III standing after Spokeo
Firm wins Sixth Circuit victory in appeal involving car dealer’s yo-yo scam
Gupta interviewed by National Law Journal on Supreme Court’s pro-corporate agenda
August 2016:
On behalf of American Association for Justice, firm files brief supporting Labor Department rule on class-action bans in forced arbitration clauses; report in BNA
Firm files Fourth Circuit brief in major Fair Credit Reporting Act class action
Bloomberg and Consumerist report on firm’s Ninth Circuit appeal over novel debt-collection tactic: buying consumers’ collection-abuse claims at auction
In interview, Gupta discusses the “shifting mood” on forced arbitration
Court certifies class in dispute over $200 million in illegal fees
Firm files reply in support of class certification of PACER fees case
Gupta argues Sixth Circuit appeal over car dealer’s “spot delivery” practices
July 2016:
On behalf of Everytown, firm presents historical case for DC’s restrictions on public carrying of guns, and rebuts counterarguments by NRA and its allies
As appointed counsel for the district court, firm files brief on election-day order extending polls in Ohio presidential primary
Firm opposes dismissal of challenge to PACER fees
Firm wins decision denying effort to compel arbitration by private company that rents out prosecutor letterhead
Gupta recaps Supreme Court’s latest class action decisions
June 2016:
In victory over Second Amendment challenge, en banc Ninth Circuit adopts our historical analysis of public-carry laws
In victory for the firm’s netroots clients, D.C. Circuit upholds FCC’s landmark net neutrality rule
Gupta speaks at ACS Supreme Court review
Firm files Supreme Court petition for health plans on causation in drug-fraud cases
Firm weighs in, with Erwin Chemerinsky, on constitutional challenges to “Ag Gag” laws in Idaho and Utah
Firm files brief in Eighth Circuit appeal from products-liability trial concerning design of GM seat-belt system
Firm files brief on standing after Spokeo in case against debt buyer; Bloomberg BNA
Firm releases resources for consumer advocates on Spokeo / Gupta speaks on guns at ACS nat’l convention
Gupta speaks on arbitration at CAP with Sen. Al Franken
May 2016:
Firm files brief on behalf of eight public-health groups in major tobacco preemption case
Rachel Bloomekatz is honored by the Children’s Defense Fund for her appellate work for juvenile justice
Firm files Supreme Court petition in First Amendment challenges to New York and Texas credit-card laws
April 2016:
Gupta speaks to American Law Institute on “Future of Aggregate Litigation” at NYU
Firm defends Maryland’s assault-weapons law before en banc Fourth Circuit
Firm challenges use of forced arbitration in privatized criminal justice
Firm files Ninth Circuit petition on application of Supreme Court’s Tyson Foods decision to California wage-and-hour class actions
Firm files D.C. Circuit brief focusing on consumer benefits of the EPA’s Clean Power Plan to combat climate change
Firm opposes oil industry’s attempt to intervene in environmental-justice challenge to oil drilling in Los Angeles
March 2016:
Citing “strong presentation from top flight counsel,” Ohio court rules for plaintiffs in voting-rights suit, clearing the way for 17-year-olds to vote in the presidential primary; coverage at AP, Reuters, Bloomberg Politics, Columbus Dispatch, Washington Post
Rachel Bloomekatz files suit in Ohio, seeking to secure the rights of eligible 17-year-olds to vote in presidential primary; coverage at AP, Reuters, 10TV Columbus
Firm wins Alaska Supreme Court case, argued by Jon Taylor, on collection practices of foreclosure mills
Firm files Supreme Court brief for national consumer groups on reach of Fair Debt Collection Practices Act
February 2016:
Firm files brief urging rehearing of decision on constitutionality of Maryland’s assault-weapons law
ABA Journal features firm’s First Amendment work
ACS publishes issue brief on forced arbitration and inequality by Gupta and former summer associate Lina Khan; publication coincides with speech by Consumer Bureau Director Cordray citing firm’s recent Fourth Circuit victory
Firm wins Fourth Circuit opinion declaring tribal arbitration scheme “unenforceable”; coverage by Noah Feldman at Bloomberg View; Bloomberg BNA
Gupta presents oral argument in defense of D.C.’s firearms restrictions against Second Amendment challenge
In Florida Supreme Court, firm files brief defending state’s gun laws
January 2016:
Jon Taylor argues Ninth Circuit appeal over a novel jurisdictional issue in class actions
Firm files brief in appeal over California anti-SLAPP law’s public-interest exception
In brief for Everytown for Gun Safety, firm mounts historical defense of DC’s public-carry restrictions
Firm successfully defeats Supreme Court petition seeking litigation immunity for debt collectors / Firm successfully challenges nationwide settlement with internet payday lender CashCall
December 2015:
Gupta testifies opposite Newt Gingrich on CFPB data collection in U.S. House of Representatives
Wessler represents intervenors at hearing in South Dakota on nationwide settlement with internet payday lender
Gupta argues major commercial-speech challenge to Texas law in Fifth Circuit
Wessler argues Fourth Circuit appeal challenging internet lender’s “tribal arbitration” scheme
Firm files Ninth Circuit brief in First Amendment challenge to California credit-card law
Firm files reply in case challenging auto dealer’s “yo-yo” scam
November 2015:
On behalf of youth groups, firm files environmental-justice challenge to oil drilling in Los Angeles neighborhoods; press release; L.A. Times; Reuters; Grist
Firm files brief for Governor of Montana in Supreme Court case on fate of public-sector unions
U.S. Supreme Court orders Solicitor General to respond to firm’s petition on behalf of Mexican teenager slain by border guard
Firm’s latest filing alerts Second Circuit to extraordinary new developments in the Chevron-Ecuador case; Wall Street Journal, VICE, and Courthouse News
Gupta previews Supreme Court’s argument on workers’ rights class action
Firm files Supreme Court brief on debt collectors and litigation immunity
October 2015:
Gupta quoted in front-page New York Times story on rise of forced arbitration
Gupta speaks at ABA’s National Institute on Class Actions in New Orleans
Firm files reply challenging internet lender’s “tribal arbitration” scheme
Gupta speaks at Yale Law School conference on law & inequality
In NFL concussion litigation, firm files reply for former players challenging global settlement
Firm files Supreme Court reply in cross-border shooting case
Firm files brief on extraterritorial reach of human trafficking laws in case of executed Nepali workers lured to work in Iraq
September 2015:
Firm files brief surveying seven centuries of gun laws in defense of DC’s public-carry law
Firm argues that Supreme Court should dismiss major class-action case
Gupta previews Supreme Court’s class-action cases for Bloomberg
Firm files brief on relationship between firearms regulation and technological change
Firm files Supreme Court brief in whistleblower suit over defense-contractor fraud in Iraq
Canadian Supreme Court unanimously rules Ecuadorian victims may seek to enforce pollution judgment against Chevron
Gupta testifies on Dodd-Frank Act in U.S. House of Representatives
Firm files appeal on auto dealer “yo-yo” scam
Netroots groups support FCC’s net neutrality rule
Groups sue to overturn Wyoming’s new data censorship laws
August 2015:
On behalf of former NFL players, firm challenges proposed global settlement of claims that the NFL hid the risk of concussions
Firm files reply on appeal in First Amendment challenge to Texas surcharge law
Court strikes down Idaho “ag-gag” law, adopting arguments in firm’s brief for constitutional scholar Erwin Chemerinsky
July 2015:
Firm seeks Supreme Court review in cross-border shooting of unarmed Mexican teen by U.S. border patrol agent
Bloomberg profiles the firm as an “Appellate Boutique Going to Bat for the Little Guy”
Firm files letter to Tenth Circuit, arguing against deference to agency interpretations of preemption clauses
Gupta testifies before U.S. Senate Judiciary Committee on constitutionality of Dodd-Frank and Consumer Bureau
Wessler speaks on consumer class actions in Chicago
Firm announces that prominent public interest litigator Matt Wessler has joined as a named principal; report in Law360
Firm wins a Third Circuit appeal on burdens of proof under Fair Debt Collection Practices Act
Firm announces opening for a one-year litigation fellowship starting in fall 2016
Wessler speaks on appellate advocacy at American Association for Justice in Montreal
June 2015:
Justice Kennedy’s surprise opinion upholding Fair Housing Act disparate-impact liability adopts historical analysis in firm’s brief
Firm defeats Supreme Court petition on consumer arbitration
Gupta argues major commercial speech case before Eleventh Circuit; article in Daily Report
Firm challenges internet lender’s “tribal arbitration” scheme
En banc Ninth Circuit hears argument in key Second Amendment appeal
Gupta speaks on appellate advocacy at PLI seminar in New York
May 2015:
Firm wins Supreme Court victory for workers’ rights, defeating trucking industry’s attempt to preempt century-old workplace protections
Firm files brief to the en banc Ninth Circuit, tracing gun regulation from 1300s England to the O.K. Corral
Firm defeats petition, filed by Paul Clement, on ascertainability doctrine
Firm files brief in Chevron-Ecuador appeal on implications of international treaty arbitration
Firm files brief for scholars supporting Financial Stability Oversight Council’s too-big-to-fail authority under Dodd-Frank
April 2015:
Gupta argues opposite Ted Olson in Chevron-Ecuador case in defense of an $8.6 billion environmental judgment arising out of decades of oil pollution in the Amazon rainforest
Firm files brief on behalf of Everytown for Gun Safety in Second Amendment challenge to California’s waiting period on firearms
Gupta speaks on plaintiff-side appellate advocacy at Yale Law School and participates in roundtable on consumer arbitration
Gupta debates Andy Pincus on Article III standing at PLI in New York
March 2015:
Firm wins major victory in First Amendment challenge to California’s credit-card surcharge law
Gupta quoted in front page New York Times article on how mandatory arbitration harms military servicemembers
Gupta argues major First Amendment commercial speech case before Second Circuit
Gupta speaks on appellate advocacy at consumer law conference
Conti-Brown testifies before Senate Banking Committee on Fed reform proposals
Conti-Brown debates Philadelphia Fed president at Brookings on Reserve Banks’ role in monetary policy
February 2015:
Gupta argues Ninth Circuit appeal over constitutionality of California’s regulation of background-screening companies
Firm files U.S. Supreme Court amicus brief for professors of bankruptcy law
Firm files Fourth Circuit brief on mortgage lender’s “use” of credit scores under Fair Credit Reporting Act
Gupta argues Eleventh Circuit appeal on “prior express consent” under the Telephone Consumer Protection Act
January 2015:
Firm wins victory for Internet free speech: South Dakota court rejects bid by First Premier Bank for a gag order against the firm’s client, credit-card-comparison site Cardhub.com; report in the Wall Street Journal
U.S. Supreme Court hears arguments in Texas fair housing case, in which the firm represents Members of Congress; Gupta interviewed by Mother Jones
Firm defeats Fourth Circuit petition on Article III standing and wilfulness under Fair Credit Reporting Act
Firm weighs in, with constitutional scholar Erwin Chemerinsky, on free speech and equal protection challenge to Idaho’s “Ag Gag” law
December 2014:
Gupta interviewed in Angeion’s “Leading Litigator” series
Firm files reply in case against Major League Baseball over Fair Labor Standards Act coverage
Firm files Supreme Court brief for Members of Congress in Texas housing case
Firm files appellate brief in constitutional challenge to Florida surcharge law, supported by national consumer groups and major retailers
Firm files Fourth Circuit brief on mortgage lender’s “use” of credit scores under Fair Credit Reporting Act / Firm files a class action against debt collectors that rent out prosecutor letterhead — the subject of a recent ABA ethics opinion and report in L.A. Times
Firm wins First Amendment case against the Florida Bar
November 2014:
Gupta appears in Lost in the Fine Print, a new short film on the effects of forced arbitration
Firm files Second Circuit reply in Chevron v. Donziger appeal over $8 billion Ecuadorian pollution judgment
Deepak Gupta and Brian Wolfman present plenary session on appellate advocacy at National Consumer Rights Litigation Conference
Firm files brief in First Amendment challenge to California credit-card surcharge law
October 2014: Firm wins class-action judgment of $56 million for federal bankruptcy judges
Gupta argues First Amendment defense of Cardhub.com against First Premier Bank’s trademark suit in South Dakota
Gupta argues constitutional challenge to Texas credit-card surcharge law
September 2014:
Rolling Stone reports on Chevron’s attempts to evade responsibility for oil pollution in Ecuador
Firm successfully defeats Experian’s Fourth Circuit petition for interlocutory review of class certification order, raising Article III standing issues
Gupta argues Ninth Circuit wage-and-hour case for Deloitte & Touche audit employees; report at Law360
Firm defends jury verdict in Third Circuit appeal over burden-shifting under FDCPA
Brian Wolfman, of counsel to the firm, joins Stanford’s Supreme Court Litigation Clinic
CBS News reports on the firm’s First Amendment defense of Cardhub.com against First Premier Bank’s trademark suit
August 2014:
Firm wins Fourth Circuit appeal on abusive collection practices
Gupta speaks on plaintiff-side appellate advocacy to the Inner Circle of Advocates
Firm files U.S. Supreme Court brief opposing Spokeo’s petition on Article III standing in statutory-damages class actions
Firm files Second Circuit brief arguing that Major League Baseball is not exempt from the Fair Labor Standards Act
Firm mounts First Amendment defense of CardHub credit-card-comparison website against trademark infringement suit by First Premier Bank
Firm seeks summary judgment in First Amendment challenge to California’s no-surcharge law
July 2014:
Firm wins major Ninth Circuit preemption victory, reversing a string of decisions finding California labor law preempted by federal transportation deregulation; report at San Francisco Chronicle
Firm files a motion for preliminary injunction in First Amendment challenge to Texas no-surcharge law
Gupta interviewed by SCOTUSblog on Noel Canning‘s political consequences
Gupta speaks on plaintiff-side appellate advocacy and other topics at the American Association for Justice annual convention in Baltimore
Firm files a class action against Bounceback, Inc. a for-profit debt collector that rents out the seal and letterhead of local prosecutors to collect debts through threats of criminal prosecution
June 2014:
Firm files Second Circuit brief defending our victory in constitutional challenge to New York’s credit-card surcharge law, and summary-judgment briefing in parallel constitutional challenge in Florida
Gupta speaks at 10th annual class actions conference in Seattle
May 2014:
Gupta speaks on “seeking and opposing discretionary review” at 2014 Appellate Advocacy Institute in New York
Firm files Eleventh Circuit brief on federal telemarketing law’s “prior express consent” requirement
Four judges on the Third Circuit dissent in response to the firm’s rehearing petition in Carrera v. Bayer, concerning the “ascertainability” requirement for class certification
April 2014:
Firm files Second Circuit brief for former Congressman Patrick Kennedy on intent of the Mental Health Parity and Addiction Equity Act
Gupta speaks at Georgetown Law symposium on “Making the Fine Print Fair”; report at Philadelphia Inquirer
Conti-Brown pens Politico article on “The Constitutional Crisis at the Fed”
Gupta argues Fourth Circuit consumer rights appeal in Charleston, South Carolina
Gupta speaks on mass claims in arbitration to the American Society for International Law & Institute for Transnational Arbitration in Washington, DC
Firm opposes Chevron’s $32 Million attorneys’ fees motion in Chevron v. Donziger
Gupta co-chairs Annual Consumer Financial Services Institute in New York and Chicago
March 2014:
Firm represents Nobel laureate Joseph Stiglitz in Argentina bonds case in U.S. Supreme Court; Bloomberg
Firm associate Jon Taylor argues major consumer-rights appeal before the Alaska Supreme Court
Firm defeats banking industry’s petition for U.S. Supreme Court review of Article III standing in statutory-damages cases
Firm defeats billionaire’s U.S. Supreme Court plea to review personal liability in wage-and-hour class action
Firm files three simultaneous First Amendment challenges to the credit-card surcharge laws of Florida, Texas, and California; report at Bloomberg News; press release
Firm wins Eleventh Circuit appeal: Telephone Consumer Protection Act requires personal consent to receive cell-phone calls and allows consent to be revoked orally
Gupta argues Ninth Circuit appeal on federal preemption of state labor law; report in Daily Journal
February 2014:
The firm files a brief asking the U.S. Supreme Court to reject a New York billionaire’s plea to review a decision holding him personally liable as an employer for millions of dollars in wage-and-hour violations
The firm files a brief arguing that the U.S. Supreme Court shouldn’t take up the question of Article III standing in statutory damages cases
The firm files a petition in the U.S. Supreme Court concerning the extent to which life insurers act as ERISA fiduciaries when they send beneficiaries “checkbooks” instead of lump-sum payments
The firm files a brief in the Eleventh Circuit arguing that damages for violations of bankruptcy’s automatic stay belong to the individual injured rather than the estate
January 2014:
Firm wins appellate victory in Fourth Circuit: Federal law requires debt collectors to give consumers the right to oral disputes
Firm files Ninth Circuit brief in Cabral v. Supple, concerning consumer fraud class actions, the placebo effect, and behavioral economics; amicus briefs filed by AARP, Center for Science in the Public Interest and Consumer Attorneys of California
December 2013:
Firm files First Amendment challenge to Florida’s restrictions on lawyer websites & social media; report at Bloomberg BNA
Conti-Brown speaks on Federal Reserve Board at GWU symposium
Firm files Eleventh Circuit brief on Telephone Consumer Protection Act’s “express consent” requirement
Firm files U.S. Supreme Court petition on timing of Truth in Lending Act suits
November 2013:
Gupta speaks on plaintiff-side appellate advocacy at Yale Law School
Gupta debates U.S. Senator David Vitter in New Orleans
Firm wins appellate victory in Second Circuit attorneys’ fees appeal
Gupta speaks on Supreme Court cases at NLJ Regulatory Summit
Rubin, Wolfman and Gupta speak on various topics at the National Consumer Rights Litigation Conference
Conti-Brown delivers lecture on the Federal Reserve at the U.S. Treasury
Arkush publishes essay on recess appointments in Harvard Law Review forum
October 2013:
Firm represents Members of Congress before the U.S. Supreme Court in major civil rights case
Gupta argues appeal on consumer collection dispute rights before the Fourth Circuit
Firm files brief urging U.S. Supreme Court to reject online payday lender’s request to review Montana arbitration ruling
Gupta speaks at ABA conference on consumer finance in Baltimore
Gupta speaks on the U.S. Supreme Court at the 9th Annual Class Actions Conference
September 2013:
Gupta to deliver lecture in Chicago sponsored by the Institute for Consumer Antitrust Studies: “Will Class Actions Survive the Roberts Court?”
Firm files Third Circuit rehearing petition seeking en banc review of a controversial decision on “ascertainability” in consumer products class actions
Firm files Ninth Circuit brief defending the constitutionality of California’s law regulating background-screening companies
Firm wins summary judgment in class action on behalf of federal bankruptcy judges in judicial-pay litigation
August 2013:
Firm wins significant appellate victory on constitutional standing in statutory-damages cases; Eighth Circuit reverses dismissal of two consumer class actions
The firm successfully opposes a major class certification appeal in the Eleventh Circuit
The firm welcomes our newest lawyer, Peter Conti-Brown, who joins us from a clerkship on the D.C. Circuit
Gupta to speak on U.S. Supreme Court’s term in review at the American Bar Association annual meeting in San Francisco
July 2013:
In major appellate victory for the firm, the Second Circuit holds a New York billionaire personally liable to his workers for $3.5 Million in wage-and-hour violations committed by his company
Gupta to speak on the U.S. Supreme Court’s recent civil rights and arbitration cases at American Association for Justice’s annual meeting in San Francisco
The firm’s brief to the Alaska Supreme Court argues that foreclosure mills are covered by federal consumer protections
Firm files Eleventh Circuit brief on federal telemarketing law’s consent requirement
June 2013:
U.S. Supreme Court decides American Express v. Italian Colors, in which the firm served as counsel for respondents; Gupta quoted in Reuters, Bloomberg, Wall Street Journal
Gupta speaks at Federalist Society’s “Executive Branch Review” conference; report at Legal Times
May 2013:
Gupta argues before the Eighth Circuit in Omaha over whether consumers have Article III standing to seek statutory damages for notice violations
U.S. Supreme Court denies certiorari in Zinni v. Convergent Outsourcing, in which firm filed the successful brief in opposition for the respondent
April 2013:
Gupta quoted on NPR’s Marketplace and Talking Points Memo discussing the impact on the CFPB of the constitutional controversy over President Obama’s recess appointments
Firm files supplemental U.S. Supreme Court brief on impact of Genesis Healthcare v. Symczyk
Gupta speaks at 46th Pacific Coast Labor & Employment Conference in Seattle
Firm files Fourth Circuit brief in Fair Debt Collection Practices Act appeal
Firm files Second Circuit brief in fees appeal
Gupta co-chairs 18th Annual Consumer Financial Services Institute in New York
Gupta speaks on civil rights and lending at the American Bar Association
Firm files reply in the Ninth Circuit in Brady v. Deloitte, a wage-and-hour class action appeal
March 2013:
Firm files brief in opposition in the U.S. Supreme Court in Zinni v. Convergent, concerning whether unaccepted settlement offers deprive courts of Article III jurisdiction
Gupta debates former White House Counsel C. Boyden Gray over the new consumer bureau’s constitutionality at Georgetown Law
Gupta speaks on Supreme Court and discretionary appellate review at PLI Appellate Advocacy 2013, New YorkFirm files comments in the Tennessee Supreme Court on behalf of the Tennessee First Amendment Society, raising constitutional objections to proposed commercial speech restrictions
February 2013:
Gupta argues before the U.S. Supreme Court in McBurney v. Young, a constitutional challenge to Virginia’s citizens-only public records law: transcript, audio, Washington Post recap
U.S. Supreme Court hears arguments in Amex v. Italian Colors, a case concerning the arbitration of complex antitrust disputes, in which the firm represents the respondents
Firm files brief on behalf of a family of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives in a lawsuit against the Daily Caller and Regnery Publishing for a multi-year xenophobic defamation campaign
The D.C. Circuit grants our emergency motion to enjoin the Trump Administration from attempting an unlawful hostile government takeover of the Open Technology Fund, an independent nonprofit organization dedicated to global freedom of expression on the Internet. Coverage in The Washington Post, National Law Journal, Law and Crime, Voice of America, Bloomberg. Firm files D.C. Circuit brief on the merits and Kretchun declaration.
Firm files lawsuit on behalf of the State of Montana, challenging William Perry Pendley’s unlawful tenure as acting director of the federal Bureau of Land Management
Firm files emergency motion and reply in the D.C. Circuit to block the federal government’s attempted takeover of Open Technology Fund
Firm announces the filing with the EEOC of class action charges alleging that Facebook discriminates against Black employees and applicants. The workers could represent thousands of Black professionals denied jobs or promotions by the social media giant. Coverage in the Washington Post, CNN, NPR, Reuters
Firm files class action against ten property-management companies over ageist housing ads on Facebook
June 2020:
On behalf of the Open Technology Fund and board members of Radio Free Europe, Radio Free Asia, and Middle East Broadcasting Networks, firm files lawsuit challenging the U.S. Agency for Global Media’s attempted “Wednesday Night Massacre” of the leadership of agency-funded news and anti-censorship organizations. Motion for temporary restraining order and reply brief . The firings have sparked bipartisan outrage. Coverage in the New York Times, Reporters Committee, Fox News
In collaboration with the ACLU of Michigan, Civil Rights Corps, and Advancement Project, the firm files a Sixth Circuit merits brief defending a preliminary injunction requiring basic safeguards for prisoners at risk of COVID-19. In a previous round of emergency briefing, the firm successfully opposed a stay, which the Sixth Circuit promptly denied.
Firm files brief in Flynn case for House Judiciary Committee members. Law and Crime, CNN.
Gupta argues appeal in Montana Supreme Court over whether a century-old remedial statute for federal workers preempts state bad-faith claims
May 2020:
Firm wins Tenth Circuit appeal for cancer-treatment providers, defeating drug company’s preemption defenses
Firm files preliminary-injunction motion and opposes motion to dismiss in First Amendment challenge on behalf of a plant-based dairy producer targeted for censorship by California’s Milk and Dairy Foods Safety Branch
The Pound Civil Justice Institute‘s 2020 Apllate Advocacy Award recognizes advocacy by Matt Wessler, Jon Taylor, and Jennifer Bennett leading to two recent wins in the U.S. Supreme Court
In California Supreme Court, the firm files a petition for review on employer’s paystub disclosure obligations to prevent wage theft
In a win for the firm in the Fourth Circuit, the en banc court reinstates D.C. and Maryland’s Emoluments Clause suit over Donald Trump’s receipt of payments from foreign and domestic governments. The firm is proud to represent D.C. and Maryland in this historic case
In a win for the firm in the Eighth Circuit, the court affirms a half-million-dollar punitive damages award for fraud against an unscrupulous used-car dealer
April 2020:
On behalf of the Association of Administrative Law Judges, the firm files a constitutional challenge to appointments to a key federal panel that oversees impasses in federal labor relations; brief on the merits and reply
Firm files Seventh Circuit appeal over pay discrimination against reservists who take required military leave, in violation of the Uniformed Services Employment and Reemployment Rights Act.
Firm files Second Circuit reply in challenge to regulation that fails to protect investors, in violation of the Dodd-Frank Act. ThinkAdvisor.
March 2020:
Firm files U.S. Supreme Court merits brief on why manufacturers like Ford Motor Company should not be able to force people injured by their products to travel thousands of miles to get in the courthouse door.
Three former staffers on Michael Bloomberg’s presidential campaign file a nationwide class-action lawsuit alleging that the campaign reneged on its promise to keep them employed for the general-election campaign, instead leaving them without an income or health insurance in the midst of a global pandemic. Politico
State failure-to-warn claims against Monsanto’s pesticide Roundup are not preempted by federal law, the firm explains in a Ninth Circuit brief for the American Association of Justice
February 2020:
Firm wins U.S. Supreme Court victory for employees seeking to hold companies accountable for taking imprudent or undisclosed risks with their retirement savings. In a unanimous opinion in Intel v. Sulyma, argued by Matt Wessler last December, the Court holds that, for purposes of an ERISA limitations period, a plaintiff does not necessarily have “actual knowledge” of information contained in disclosures that she receives.
The firm announces a new San Francisco office, to be headed by Jennifer Bennett, an accomplished Supreme Court and appellate advocate who joins the firm from Public Justice. Neil Sawhney, a former fellow, will be an associate in the new office. Coverage at Bloomberg Law and Law360
In SCOTUSblog symposium, Deepak Gupta discusses Supreme Court showdown over Consumer Bureau’s constitutionality
Firm files a Ninth Circuit brief defending a $102 million verdict on behalf of tens of thousands of workers who successfully sued Walmart over systemic violations of California labor law requiring pay transparency
In an appellate victory for the firm, the First Circuit revives an antitrust class action against Sanofi-Adventis, concluding that the drug company wrongly placed a patent for an insulin injector in the FDA’s “Orange Book,” thereby keeping other companies from developing similar insulin injectors; coverage at Law360; Bloomberg Law
Firm files First Circuit brief on behalf of families of the forty-seven peopled killed in the train derailment and explosion that leveled the town of Lac-Mégantic, Québec
Firm files First Amendment challenge, with Animal Legal Defense Fund, on behalf of Miyoko’s Kitchen, a 100% plant-based foods company targeted for censorship by the State of California’s Milk and Dairy Foods Safety Branch. Coverage in San Francisco Chronicle.
Peter Romer-Friedman, head of the firm’s new civil rights and class action practice, testifies before the U.S. House of Representatives, Education and Labor Committee, Subcommittee on Civil Rights. Bloomberg Law and Law360 featured articles about Peter joining the firm
January 2020:
A group of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives sue the Daily Caller and Regnery Publishing for defamation; reports in The Washington Post, Daily Beast, and CNN
Firm files brief in U.S. Supreme Court on behalf of scholars of financial regulation in support of the constitutionality of the Consumer Financial Protection Bureau; report in Reuters
U.S. Supreme Court grants cert in two personal-jurisdiction cases in which the firm represents the respondents; reports by Reuters and Bloomberg. Deepak Gupta will argue the cases before the Supreme Court this April
December 2019:
November 2019:
Firm files U.S. Supreme Court brief successfully defending $60 million jury verdict in telemarketing class action
Deepak Gupta discusses the Emoluments Clauses with Dahlia Lithwick on Slate’s Amicus podcast
Firm files brief for access-to-justice groups supporting federal government’s authority to limit forced arbitration in nursing home admissions, in response to industry’s lawsuit
Firm files brief in opposition to certiorari in the U.S. Supreme Court, opposing Ford Motor Company’s effort to curtail standards for personal jurisdiction
October 2019:
Firm files U.S. Supreme Court merits brief on the timing of suits by workers seeking to hold employers accountable for taking imprudent risks with their retirement savings
In the Wisconsin Supreme Court, Matt Wessler argues separation-of-powers challenge to the Wisconsin GOP’s power-grab legislation, which stripped the Governor and Attorney General of their powers in a lame-duck session after the 2018 election; report at Courthouse News
Fourth Circuit agrees to en banc rehearing of D.C. and Maryland Emoluments Clause case against Trump; report at Reuters
Firm files brief in opposition to certiorari in the U.S. Supreme Court on behalf of the City of Philadelphia, urging the Court to decline review of Catholic Social Services’ claim that it has a constitutional right to use taxpayer funds to discriminate against same-sex couples as prospective foster parents
Firm files brief on behalf of a coalition of labor unions, highlighting the stories of some of the 700,000 DACA recipients whose lives will be devastated if the Trump Administration revokes their legal status
September 2019:
Firm wins Emoluments Clause appeal against Donald Trump (CREW v. Trump), on behalf of hotel and restaurant competitors of Trump’s businesses. Reports in Washington Post, Wall Street Journal, Reuters, and Bloomberg. Deepak Gupta discussed the decision with Rachel Maddow on MSNBC
Matt Wessler argues major D.C. Circuit appeal on the future of nationwide class actions. Reports by Law360 and Bloomberg Law
Danny Townsend argues Tenth Circuit appeal on power of federal courts to award litigation costs under state law
House Judiciary Committee Chairman Nadler cites testimony of “prominent public interest attorney” Deepak Gupta in markup of Forced Arbitration Injustice Repeal (FAIR) Act
Matt Wessler argues First Circuit appeal at the intersection of antitrust, patent, and drug regulation, challenging an insulin manufacturer’s anticompetitive scheme to maintain monopoly power over the multi-billion dollar insulin market
Firm sues the SEC for issuing a rule that dilutes consumer protections for retail investors and allows brokers to maintain harmful conflicts of interest, in violation of the Dodd-Frank Act
August 2019:
Trump administration can’t unilaterally wipe out California’s century-old labor protections for truck drivers, firm tells Ninth Circuit
On behalf of domestic-violence shelters, the firm briefs a lawsuit challenging the constitutionality of a new West Virginia law that forbids shelters from even from asking about the presence of firearms on their own property
Firm files letter briefs urging California Supreme Court to accept certification from the Ninth Circuit to clarify the standard of liability under California’s meal-and-rest-break laws
Firm’s Supreme Court brief for Everytown debunks the NRA’s false historical claim that individuals have always and invariably been allowed to carry loaded guns in public in England and America
July 2019:
On behalf of Montana and New Jersey, firm prevails in challenge to Trump Administration’s decision to stop collecting donor information from dark-money groups
In Ninth Circuit, firm defends a class-action settlement with Bank of America awarding $1.2 billion dollars in future savings and $70 million in direct monetary relief arising out of extended-overdraft charges
In Eighth Circuit, firm defends a $5.8 million punitive-damages award against a used car dealer that knowingly sold dangerous cars
In a California state appeal, firm defends $2.8 million class-action settlement in wage-and-hour litigation against Diamond Resorts
In Federal Circuit appeal, firm files reply in defense of partial victory in a class action challenging the federal judiciary’s collection of excessive fees for access to online court records (PACER)
June 2019:
In Eighth Circuit appeal, firm defends class certification in lawsuit against Union Pacific for maintaining employment policy that violates the Americans with Disabilities Act. AARP, the Impact Fund, Public Justice, and a coalition of other public-interest organizations file amicus brief in support.
In Fourth Circuit appeal, firm defends $11 million judgment against subprime mortgage lender Quicken Loans for unlawfully skewing the home appraisal process
Firm files lawsuit with Everytown for Gun Safety on behalf of coalition of domestic-violence shelters challenging West Virginia law that requires them to allow guns onto their parking lots and forbids them even from asking questions about guns in their parking lots.
May 2019:
California Public Employees’ Retirement System (CalPERS) and Colorado Public Employees Retirement Association seek intervention to defend shareholders’ right to bring securities-fraud lawsuits, and move to dismiss a suit aimed at encouarging companies to include forced arbitration clauses in their corporate bylaws. Reuters
Firm opposes attempt by class-action objector Ted Frank to obtain Supreme Court review of cy pres award in class-action settlement
In an appeal briefed by the firm, the Fourth Circuit affirms a $61 million class-action verdict arising out of robocalls in violation of the Telephone Consumer Protection Act
Firm files reply on behalf of Montana and New Jersey in challenge to the Trump Administration’s decison to stop collecting contributor information from dark-money groups
Deepak Gupta opposes draft Restatement on Consumer Contracts. Coverage at American Prospect, The Verge, The Record, AmLaw Litigation Daily. Gupta also participated in a panel on the restatement at George Mason’s annual judicial symposium on civil justice
Deepak Gupta to testify before House Judiciary Committee on forced arbitration. Coverage in CityLab, Yahoo, and Law360.
Firm wins Ninth Circuit appeal upholding state and federal protections against abuses by background-screening companies
Deepak Gupta speaks at an event–sponsored by the American Constitution Society and Center for American Progress–on corporate capture and the U.S. Supreme Court
On behalf of Boston and Brookline, the firm opposes U.S. Supreme Court review of a Second Amendment challenge to the town’s public-carry licensing regimes for firearms
April 2019:
On behalf of the Governor of Montana, the firm files a brief in a challenge to the IRS’s decision to stop collecting donor information from dark-money groups
Firm opposes U.S. Supreme Court review on timing of ERISA imprudent-investment claims
March 2019:
Deepak Gupta argues before the U.S. Supreme Court as Court-appointed counsel in support of a judgment left undefended by the Solicitor General.
In a landmark ruling in favor of the firm’s union clients, Wisconsin court strikes down GOP lame-duck legislation on separation-of-powers grounds
Matt Wessler argues unions’ constitutional challenge to laws passed by lame-duck GOP-controlled Wisconsin Legislature to weaken the powers of the incoming Democratic governor and attorney general. Coverage at Courthouse News, Wisconsin Public Radio and WRAL
Firm files appeal in the Nevada Supreme Court to enforce a state law, adopted by ballot initiative, to close the legal loophole that lets people buy guns without background checks
Firm files D.C. Circuit brief on personal jurisdiction over class actions in federal court in the wake of the Supreme Court’s decision in Bristol-Myers Squibb
Firm files Seventh Circuit brief for American Association for Justice on the application of the Supreme Court’s decision in Bristol-Myers Squibb to nationwide class actions in federal court
Firm files U.S. Supreme Court brief for mathematicians and law professors in partisan gerrymandering cases
In a case challenging wealth-based detention in Alabama’s criminal justice system, firm files brief arguing against a county sheriff’s novel sovereign immunity defense
Danny Wilf-Townsend pens op-ed in the Washington Post on forced arbitration and federal privacy policy
Firm files First Circuit brief in an antitrust case seeking to hold a drug company accountable for its anticompetitive scheme to exclude competition from the multi-billion dollar insulin market
February 2019:
Firm files reply in separation-of-powers challenge to Wisconsin’s extraordinary power-grab legislation
In an appellate victory for environmental-justice and social-justice nonprofits, the firm defeats the oil industry’s SLAPP suit arising out of successful litigation over illegal and discriminatory oil-drilling practices in Los Angeles. Fellow Danny Townsend argued the appeal.
January 2019:
Firm files lawsuit and emergency motion on behalf of Wisconsin unions, taxpayers, and a state senator, challenging extraordinary power-grab legislation on state separation-of-powers grounds
Firm files a brief as court-appointed amicus at the invitation of the U.S. Supreme Court on judicial review of social security cases
Jon Taylor debates public carry and the Second Amendment at the Federalist Society and a symposium on Heller‘s 10-year anniversary at UC Hastings
Firm argues Sixth Circuit consumer-protection appeal over high-interest bank payday loans
Deepak Gupta, in residence at Harvard Law School as a Wasserstein Public Interest Fellow, speaks about forced arbitration and practice at private public interest firms
Firm argues before the Ohio Supreme Court on behalf of environmental groups in a challenge to the bailout of FirstEnergy’s power plants by the Ohio Public Utilities Commission
In a lawsuit challenging an Ohio school district’s decision to arm teachers and staff, the firm defeats a critical motion to quash
December 2018:
The firm defends on appeal a $60 million verdict against Dish Network for widespread violations of the federal telemarketing laws; report in Bloomberg Law
The firm files an appellate brief arguing that an online payday lender’s illegal loans are not shielded by tribal sovereign immunity; amicus briefs in support filed by 15 states and the Center for Responsible Lending
On behalf of the District of Columbia and the State of Maryland, the firm opposes President Trump’s request that the Fourth Circuit stay litigation over his violations of the Constitution’s Emoluments Clauses
The firm seeks Supreme Court review on scope of copyright protection for photography in dispute with Nike over a famous photograph of Michael Jordan; reports in Law360 and Reuters
Firm fights Navient’s attempt to subpoena former CFPB student loan watchdog Seth Frotman; reports at The Intercept, National Law Journal, and Law360
Fellow Danny Townsend argues appeal for environmental justice nonprofits defending against oil industry’s SLAPP suit, which arises from the nonprofits’ successful litigation over oil drilling in Los Angeles
November 2018:
U.S. Supreme Court appoints Deepak Gupta to brief and argue in support of a judgment left undefended by the Solicitor General; report in National Law Journal
Firm files appellate brief in defense of Michigan county regulation prohibiting the sale of tobacco products to youth under 21 years of age
In a Ninth Circuit appeal argued by Matt Wessler, firm wins a victory for employees seeking to hold companies accountable for taking imprudent or undisclosed risks with their retirement savings; report at Law360
Rachel Bloomekatz files appellate brief in an Ohio criminal appeal, arguing the unconstitutionality of a fifty-year resentencing of a juvenile nonhomicide offender
D.C. Commission on Arts & Humanities reverses position on censorship restrictions, after the firm works with ACLU and arts community to mount First Amendment objections; reports at Washington Post, Washington City Paper, Art Newspaper
In a First Circuit case argued by Jon Taylor on behalf of the Town of Brookline, the firm defeats a Second Amendment challenge to the town’s implementation of Massachusetts’s public-carry restrictions; reports at Bloomberg and Masslive
In Emoluments Clause challenge brought by the firm’s clients, Maryland and D.C., court denies the President’s request to appeal and stay proceedings and orders discovery schedule; reports in Washington Post, New York Times, CNN
Over a five-judge dissent, firm’s opposition defeats Ninth Circuit rehearing petition on evidentiary standards for class certification; report in Law360
October 2018:
Deepak Gupta argues Second Circuit appeal on standing of hotel and restaurant competitors to challenge Donald Trump’s Emoluments Clause violations; story at Courthouse News and Law360
Matt Wessler argues ERISA statute of limitations appeal in Ninth Circuit
American Association for Justice files comments to Federal Motor Carrier Safety Administration explaining that it lacks authority to entertain the trucking industry’s request to preempt California’s meal and rest break rules
Deepak Gupta speaks at NCLC’s annual Consumer Rights Litigation Conference on the future of consumer rights in the Supreme Court and appellate courts
Deepak Gupta speaks at Berkeley Law
Firm beats online payday lenders tribal-arbitration clause
Firm files U.S. Supreme Court brief for Open Markets Institute on whether Apple is subject to antitrust liability for its monopoly over the market for iPhone apps
September 2018:
Port Authority of New York and New Jersey, the firm’s client, approves a minimum-wage policy for JFK, LaGuardia, and Newark International airports that will bring the wages of thousands of airport workers to $19 an hour by 2023. Press release; New York Times
Firm files U.S. Supreme Court brief on behalf of American Association for Justice in Harry Schein v. Archer and White, a case about the enforcement of delegation clauses in arbitration agreements
Parents sue school district in Ohio, seeking an injunction blocking the district from arming teachers and staff without the training required by law, as well as a court order requiring disclosure of policies and procedures for arming staff. The firm represents the parents in collaboration with Everytown for Gun Safety.
Firm wins Third Circuit appeal: job applicants have standing to sue over employers’ failure to let them review criminal-history background reports. Deepak Gupta argued the appeal, in collaboration with Outten & Golden LLP, Philadelphia Lawyers for Social Equity, the Lawyers’ Committee for Civil Rights, and Public Interest Law Center. Report in Law360
Firm challenges online payday lender’s tribal-arbitration clause
August 2018:
In the too-close-to-call special election in Ohio’s 12th congressional district, Danny O’Connor’s campaign retains Rachel Bloomekatz and the firm to serve as post-election campaign counsel — “a clear sign that they’re ready to fight if there’s an opportunity to close a 1,564-vote deficit to Republican Troy Balderson”
Firm files brief for Everytown, joined by Larry Tribe, explaining why downloadable 3D printed guns are not speech protected by the First Amendment
Firm files D.C. Circuit brief for Open Markets Institute in appeal over AT&T/Time Warner merger
July 2018:
Court rules that the firm’s clients, Maryland and the District of Columbia, have stated a claim under the Constitution’s Emoluments Clauses against President Trump, allowing suit to go forward. Coverage in N.Y. Times, Washington Post
Jon Taylor argues major Second Amendment appeal in defense of public-carry restrictions. Coverage in Reuters
Gupta joins the board of the National Consumer Law Center
Firm files brief for the American Medical Association and ten other groups of medical professionals on the public-health effects of e-cigarettes and cigars
On behalf of Everytown for Gun Safety, firm urges Ohio school board not to arm teachers
June 2018:
Firm represents the Town of Brookline, Massachusetts, defending a Second Amendment challenge to its restrictions on public carry of firearms
Firm successfully opposes the trucking industry’s bid for Supreme Court review of a case seeking to extend federal preemption to employee break laws. Coverage in the Wall Street Journal
May 2018:
Firm defeats an attempt by General Motors and the U.S. Chamber of Commerce to persuade the U.S. Supreme Court to review a decision ordering a damages-only trial in a multimilion-dollar products-liability case. Coverage at Law360
Firm files U.S. Supreme Court brief opposing the trucking industry’s attempt to extend federal preemption to employee break laws
Firm wins Eighth Circuit appeal, rejecting a Missouri city’s immunity defenses in a constitutional challenge to its “pay-to-play” system, in which poor people arrested for minor municipal infractions are placed in jail when they can’t afford to pay fees
In SCOTUSblog, Gupta comments on the Supreme Court’s decision in Epic Systems, which blocks workers from banding together to redress the full range of workplace legal violations — including wage theft, sexual harassment and race and gender discrimination
Firm files appellate brief for environmental justice nonprofits defending oil industry’s SLAPP suit arising out of the nonprofits’ successful litigation over oil drilling in Los Angeles
Jon Taylor argues D.C. Circuit appeal defending class-action ruling that the IRS has illegally charged tax preparers hundreds of millions of dollars
April 2018:
Firm files Second Circuit brief on hotel and restaurant competitors’ standing to sue Trump for violations of Emoluments Clauses
Deepak Gupta argues D.C. Circuit appeal in challenge to Trump’s appointment of Mick Mulvaney as Acting Director of the Consumer Financial Protection Bureau (English v. Trump). Coverage in New York Times, Wall Street Journal, Los Angeles Times, NPR, Bloomberg BNA
Jon Taylor argues Eighth Circuit appeal in constitutional challenge to Missouri city’s “pay-to-play” system, in which people arrested for minor municipal infractions are placed in jail if they can’t afford to pay fees
Rachel Bloomekatz files Pennsylvania Supreme Court brief for 15 public-health groups in support of Philadelphia’s soda tax. Coverage at NPR.
Joshua Matz gives speech on “Legal Resistance to the Trump Administration” at Harvard Law School
March 2018:
In historic ruling, federal court holds that the District of Columbia and State of Maryland, the firm’s clients, have standing to pursue a lawsuit challenging Donald Trump’s violations of the Constitution’s Emoluments Clauses. Background here. Coverage in the Washington Post, New York Times, CNN, NPR
Firm files D.C. Circuit reply in CFPB leadership fight (English v. Trump)
In class action brought by the firm, district court rules that the Judiciary misused PACER fees. Coverage in the National Law Journal of the ruling and oral argument.
Jon Taylor is named to the “2018 Rising Stars of Law 40 under 40” by DCA Live, honoring the “great young legal talent in the Washington region.”
Firm successfully opposes drug company’s bid for U.S. Supreme Court review of standards for admissibility of expert testimony. Coverage in Law360.
Firm files brief for eight national labor unions, presenting the experiences of individual union members who have benefitted from DACA and the real human toll of President Trump’s decision to rescind the program
Firm files D.C. Circuit brief defending a class-action ruling that the IRS has illegally charged hundreds of millions of dollars to tax preparers
February 2018:
Firm wins Third Circuit decision holding that an internet payday lender’s tribal arbitration scheme is unenforceable because it “directs arbitration to an illusory forum. Coverage in Law360.
Firm files U.S. Supreme Court brief for the American Association for Justice on equitable tolling for subsequent class actions (China Agritech v. Resh)
Firm files Ohio Supreme Court brief for the Environmental Defense Fund, Environmental Law and Policy Center, and Ohio Environmental Council in a challenge to the bailout of FirstEnergy’s power plants by the Ohio Public Utilities Commission
Firm files Ninth Circuit reply in wage-and-hour class action on behalf of California truck drivers
January 2018:
In a First Amendment victory for California merchants represented by the firm, the Ninth Circuit strikes down as unconstitutional a statute designed to keep consumers in the dark about the cost of credit cards. Coverage in Law360.
In the legal battle over the leadership of the Consumer Financial Protection Bureau (English v. Trump), the firm files its appellate brief for Leandra English in the D.C. Circuit
December 2017:
In a win for the firm’s clients, the Ninth Circuit rejects the use of forced arbitration in privatized criminal justice. A private debt-collection company that threatens criminal prosecution on official letterhead, the court holds, cannot avoid court through the fine print. The firm’s appeal was supported by several amici curiae, including the national ACLU, Public Justice, the National Consumer Law Center, and several law professors.
Firm wins Second Circuit decision reviving class action against Capital One on bank overdrafts
Firm files Supreme Court brief Open Markets Institute in Ohio v. American Express, explaining why the Court should not adopt a special antitrust rule for “two-sided” markets
November 2017:
Deepak Gupta and the firm profiled by Bloomberg Law
Firm wins Ninth Circuit victory: Court rejects novel debt collector tactic of purchasing consumers’ collection-abuse claims out from under them at auctions on the courthouse steps
Deepak Gupta argues Trump University appeal on November 15 in the Ninth Circuit
Law360 profiles Deepak Gupta and the firm, noting that Gupta Wessler has “staked a name for itself” as a “premier plaintiffs-side appellate firm”
Firm files brief for District of Columbia and State of Maryland in challenge to Donald Trump’s violations of the Constitution’s Emoluments Clauses
On behalf of consumer watchdog Allied Progress, firm files comments to FCC in opposition to Sinclair-Tribune local TV merger
On behalf of the American Farm Bureau Federation and South Dakota Farm Bureau Federation, firm files a brief supporting the Supreme Court’s reconsideration of Commerce Clause jurisprudence requiring an in-state physical presence for sales tax
October 2017:
Firm files Ninth Circuit brief for public-health groups, supporting rehearing of a decision striking down San Francisco’s soda warnings on compelled-speech grounds, and highlighting the decision’s implications for tobacco warnings
U.S. Supreme Court leaves in place Rachel Bloomekatz’s victory in Ohio juvenile justice case. Coverage by AP.
Defending major Ohio Supreme Court juvenile justice victory,
Firm files Third Circuit brief challenging Internet payday lender’s tribal arbitration scheme
Firm files U.S. Supreme Court brief in Christie v. NCAA for Stop Predatory Gambling and a diverse coalition of religious, public-health, and economic-justiec groups from across the political spectrum
Deepak Gupta speaks at Yale Law School
Matt Wessler argues First Circuit appeal over enforceability of arbitration clause in Uber’s terms of service
September 2017:
Daniel Wilf-Townsend joins the firm as 2017-2018 Fellow in Appellate and Constitutional Litigation
Deepak Gupta debates Donald Trump’s Emoluments Clause violations at Harvard Law School
Firm files U.S. Supreme Court brief for Ohio elections officials in opposition to the Ohio Secretary of State’s voter purges
Joshua Matz argues prisoner appeal in Ninth Circuit as appointed counsel
Deepak Gupta argues a Ninth Circuit appeal (supported by the ACLU and consumer groups and scholars) over a private corporation’s attempt to force consumers into arbitration through threats of criminal prosecution
Matt Wessler argues Fourth Circuit appeal in an ERISA class action challenging an employer’s retroactive reduction of millions in retirement benefits
Tenth Circuit revives First Amendment challenge to Wyoming’s “Ag-Gag” law
August 2017:
Joshua Matz joins the firm. Matz is a former law clerk to U.S. Supreme Court Justice Anthony Kennedy, publisher of the Take Care blog, and co-author with Laurence Tribe of Uncertain Justice: the Roberts Court and the Constitution. An article by Marcia Coyle in the The National Law Journal profiles both Joshua and the firm
In an appeal argued by Jon Taylor, the firm wins an Eighth Circuit decision ordering a damages-only trial in a multimillion-dollar products-liability case against General Motors
On behalf of Everytown, firm files brief arguing that the full D.C. Circuit should rehear a decision depriving the government of its power to regulate the public carrying of guns on the streets of Washington, DC
Firm files Eighth Circuit brief in constitutional challenge to “pay-to-play” system in which people arrested for minor municipal infractions are forced to pay a fee to the City of Maplewood, Missouri and are placed in the city’s jail if they can’t afford to pay
Deepak Gupta argues Ninth Circuit appeal, on remand from U.S. Supreme Court victory, in First Amendment challenge to California’s credit-card surcharge statute
Firm seeks seeks summary judgment in class action challenging fees to access federal court records via PACER
Firm files U.S. Supreme Court brief for American Association for Justice on whether corporate employers may use forced arbitration clauses to prevent employees from banding together in court. AAJ’s brief urges the Court to be mindful of the many federal agency regulations that have restricted corporations’ abusive use of forced arbitration against Americans
Firm files opposition to motion to dismiss in CREW v. Trump, challenging Donald Trump’s violations of the Foreign and Domestic Emoluments Clauses. Coverage in The Economist, Hollywood Reporter, and National Law Journal
In Ninth Circuit appeal, Matt Wessler successfully defends $42 million judgment in a class action against an online grocer
July 2017:
Firm files reply in Trump University appeal
Matt Wessler and Deepak Gupta speak on various topics–including the Supreme Court’s latest civil-justice cases and the state of plaintiff-side appellate advocacy–at the American Association for Justice convention in Boston
As the Trump administration walks away from class-action protections in the Fiduciary Rule, the firm files a Fifth Circuit brief for the American Association for Justice; report at BNA
Firm files Supreme Court brief for former antitrust officials in American Express antitrust case
Deepak Gupta, described as “one of the country’s top litigators,” named to the Fastcase 50 –“honoring the law’s smartest, most courageous innovators, techies, visionaries, & leaders”
June 2017:
Firm wins U.S. Supreme Court victory in cross-border shooting case: Justices reject officer’s qualified-immunity defense & remand on availability of damages suit
On behalf of Michigan county, firm opposes preliminary injunction of local regulation prohibiting tobacco sales to 18-t0-21-year-olds
In victory for firm’s lawsuit, court rules that the IRS illegally charged millions of dollars in fees to tax preparers
Deepak Gupta argues Ninth Circuit appeal over novel debt-collection tactic: buying consumers’ collection-abuse claims at auction
Trump files motion to dismiss in CREW’s Emoluments Clause suit; AP
D.C. and Maryland attorneys general sue Trump over emoluments
May 2017:
Firm files reply in support of Supreme Court petition in Chevron-Ecuador case
Defending major Ohio Supreme Court juvenile justice victory, firm files brief opposing U.S. Supreme Court petition
Bipartisan group of members of Congress file Supreme Court brief supporting servicemembers’ rights over forced arbitration; Bloomberg
Public-health groups challenge “one-in-two-out” executive order on deregulation
Rachel Bloomekatz argues Fourth Circuit appeal over $2.5 million punitive damages award under Fair Credit Reporting Act
New York hotel owner joins CREW’s Emoluments Clause lawsuit against Donald Trump; CNN
Deepak Gupta interviewed about Trump’s conflicts of interest by Soledad O’Brien
April 2017:
Rachel Bloomekatz receives American Constitution Society’s Progressive Young Leadership Award
Firm files Ninth Circuit brief on forced arbitration and privatized criminal justice; amicus briefs by ACLU and other groups & scholars
Deepak Gupta speaks at Northern District of California and District of Columbia judicial conferences
March 2017:
In victory for firm’s First Amendment challenge, U.S. Supreme Court holds that New York’s credit-card surcharge law regulates speech; NY Times, Washington Post, Law360
Financial regulation & consumer protection scholars file brief in support of Consumer Bureau’s constitutionality
Firm files Supreme Court petition in Chevron-Ecuador case over $8 billion Ecuadorian pollution judgment
Matt Wessler argues before U.S. Supreme Court in health-insurance preemption case
Jon Taylor argues before Eighth Circuit in appeal from products-liability trial concerning design of GM seat-belt system
On behalf of public health groups, firm files brief in support of Philadelphia’s soda tax
Florida Supreme Court upholds state’s prohibition on open carry of firearms, adopting firm’s historical analysis for Everytown
February 2017:
Deepak Gupta interviewed on Slate’s Amicus podcast
Bloomberg BNA highlights firm’s Supreme Court work
Firm files U.S. Supreme Court reply for family of victim in cross-border shooting by U.S. border guard
Firm files First Circuit brief in appeal challenging Uber’s efforts to force riders into arbitration
Jonathan Taylor speaks at University of Virginia Law School on NFL and concussions
Deepak Gupta speaks at American Association for Justice convention on Supreme Court and regulatory litigation
January 2017:
The National Law Journal profiles Gupta Wessler
Firm joins with constitutional scholars and ethics experts to file lawsuit against Trump over foreign emoluments; NY Times; NPR; CNN; MSNBC; Slate
Firm files FOIA request on Justice Department review of Trump executive orders
Firm wins Ninth Circuit appeal, argued by Jon Taylor, challenging fairness of class-action settlement; Recorder
Court certifies class action challenging PACER fees for access to federal court records; Politico; Law360
Firm files U.S. Supreme Court brief in health-insurance preemption case
Deepak Gupta speaks at Yale Law School
December 2016:
Ohio Supreme Court announces major victory for juvenile justice in case argued by Rachel Bloomekatz, holds functional life sentences for juveniles violate Eighth Amendment
Ninth Circuit upholds waiting period against Second Amendment challenge; concurrence adopts approach urged in firm’s brief for Everytown
Firm files U.S. Supreme Court merits brief for family of unarmed Mexican boy killed in cross-border shooting by U.S. border guard; a wide range of amici file in support (human rights groups, scholars, former border officials and police chiefs)
Non-profits’ lawsuit attacking PACER fees for access to court records is allowed to proceed
Firm briefs ERISA appeal on retroactive reduction of millions in retirement benefits
November 2016:
On behalf of ten consumer and civil rights groups, firm urges full D.C. Circuit rehearing on constitutionality of Consumer Bureau’s structure
Firm files reply in support of U.S. Supreme Court petition in NFL concussion litigation
Wessler interviewed by New York Times on nationwide injunctions
Firm files U.S. Supreme Court merits brief in First Amendment challenge to law that keeps consumers in the dark about swipe fees; a wide range of amici file in support (consumer groups, retailers, scholars)
U.S. Supreme Court grants firm’s third case of the term, involving limits on federal preemption
Gupta speaks on future of access to courts: C-SPAN
Wessler and New Yorker writer McGrath run legal writing workshop
Victims of Flower Branch gas explosion file lawsuits seeking compensation
Firm files brief on behalf of American Association for Justice on new federal rule banning pre-dispute arbitration by nursing homes
October 2016:
U.S. Supreme Court grants firm’s petition in cross-border shooting case, raising fundamental questions about the Constitution’s extraterritorial reach
On behalf of the National League of Cities, U.S. Conference of Mayors, and local-government groups, firm files U.S. Supreme Court brief on cities’ ability to sue under Fair Housing Act /
Youth and environmental-justice groups settle lawsuit challenging oil drilling in Los Angeles
Deepak Gupta elected to the American Law Institute
Firm files cert petition and acquiesces to cert in health-insurance preemption cases
September 2016:
Firm files Supreme Court petition in NFL concussion litigation; New York Times; AP; BNA
Gupta interviewed by BNA on appellate boutique practice
On behalf of Everytown for Gun Safety, firm files brief on “common use” and the Second Amendment; Washington Post
Gupta speaks at Yale Law School on “First Amendment Jurisprudence: What is Speech?”
Wessler speaks at ABA on Article III standing after Spokeo
Firm wins Sixth Circuit victory in appeal involving car dealer’s yo-yo scam
Gupta interviewed by National Law Journal on Supreme Court’s pro-corporate agenda
August 2016:
On behalf of American Association for Justice, firm files brief supporting Labor Department rule on class-action bans in forced arbitration clauses; report in BNA
Firm files Fourth Circuit brief in major Fair Credit Reporting Act class action
Bloomberg and Consumerist report on firm’s Ninth Circuit appeal over novel debt-collection tactic: buying consumers’ collection-abuse claims at auction
In interview, Gupta discusses the “shifting mood” on forced arbitration
Court certifies class in dispute over $200 million in illegal fees
Firm files reply in support of class certification of PACER fees case
Gupta argues Sixth Circuit appeal over car dealer’s “spot delivery” practices
July 2016:
On behalf of Everytown, firm presents historical case for DC’s restrictions on public carrying of guns, and rebuts counterarguments by NRA and its allies
As appointed counsel for the district court, firm files brief on election-day order extending polls in Ohio presidential primary
Firm opposes dismissal of challenge to PACER fees
Firm wins decision denying effort to compel arbitration by private company that rents out prosecutor letterhead
Gupta recaps Supreme Court’s latest class action decisions
June 2016:
In victory over Second Amendment challenge, en banc Ninth Circuit adopts our historical analysis of public-carry laws
In victory for the firm’s netroots clients, D.C. Circuit upholds FCC’s landmark net neutrality rule
Gupta speaks at ACS Supreme Court review
Firm files Supreme Court petition for health plans on causation in drug-fraud cases
Firm weighs in, with Erwin Chemerinsky, on constitutional challenges to “Ag Gag” laws in Idaho and Utah
Firm files brief in Eighth Circuit appeal from products-liability trial concerning design of GM seat-belt system
Firm files brief on standing after Spokeo in case against debt buyer; Bloomberg BNA
Firm releases resources for consumer advocates on Spokeo / Gupta speaks on guns at ACS nat’l convention
Gupta speaks on arbitration at CAP with Sen. Al Franken
May 2016:
Firm files brief on behalf of eight public-health groups in major tobacco preemption case
Rachel Bloomekatz is honored by the Children’s Defense Fund for her appellate work for juvenile justice
Firm files Supreme Court petition in First Amendment challenges to New York and Texas credit-card laws
April 2016:
Gupta speaks to American Law Institute on “Future of Aggregate Litigation” at NYU
Firm defends Maryland’s assault-weapons law before en banc Fourth Circuit
Firm challenges use of forced arbitration in privatized criminal justice
Firm files Ninth Circuit petition on application of Supreme Court’s Tyson Foods decision to California wage-and-hour class actions
Firm files D.C. Circuit brief focusing on consumer benefits of the EPA’s Clean Power Plan to combat climate change
Firm opposes oil industry’s attempt to intervene in environmental-justice challenge to oil drilling in Los Angeles
March 2016:
Citing “strong presentation from top flight counsel,” Ohio court rules for plaintiffs in voting-rights suit, clearing the way for 17-year-olds to vote in the presidential primary; coverage at AP, Reuters, Bloomberg Politics, Columbus Dispatch, Washington Post
Rachel Bloomekatz files suit in Ohio, seeking to secure the rights of eligible 17-year-olds to vote in presidential primary; coverage at AP, Reuters, 10TV Columbus
Firm wins Alaska Supreme Court case, argued by Jon Taylor, on collection practices of foreclosure mills
Firm files Supreme Court brief for national consumer groups on reach of Fair Debt Collection Practices Act
February 2016:
Firm files brief urging rehearing of decision on constitutionality of Maryland’s assault-weapons law
ABA Journal features firm’s First Amendment work
ACS publishes issue brief on forced arbitration and inequality by Gupta and former summer associate Lina Khan; publication coincides with speech by Consumer Bureau Director Cordray citing firm’s recent Fourth Circuit victory
Firm wins Fourth Circuit opinion declaring tribal arbitration scheme “unenforceable”; coverage by Noah Feldman at Bloomberg View; Bloomberg BNA
Gupta presents oral argument in defense of D.C.’s firearms restrictions against Second Amendment challenge
In Florida Supreme Court, firm files brief defending state’s gun laws
January 2016:
Jon Taylor argues Ninth Circuit appeal over a novel jurisdictional issue in class actions
Firm files brief in appeal over California anti-SLAPP law’s public-interest exception
In brief for Everytown for Gun Safety, firm mounts historical defense of DC’s public-carry restrictions
Firm successfully defeats Supreme Court petition seeking litigation immunity for debt collectors / Firm successfully challenges nationwide settlement with internet payday lender CashCall
December 2015:
Gupta testifies opposite Newt Gingrich on CFPB data collection in U.S. House of Representatives
Wessler represents intervenors at hearing in South Dakota on nationwide settlement with internet payday lender
Gupta argues major commercial-speech challenge to Texas law in Fifth Circuit
Wessler argues Fourth Circuit appeal challenging internet lender’s “tribal arbitration” scheme
Firm files Ninth Circuit brief in First Amendment challenge to California credit-card law
Firm files reply in case challenging auto dealer’s “yo-yo” scam
November 2015:
On behalf of youth groups, firm files environmental-justice challenge to oil drilling in Los Angeles neighborhoods; press release; L.A. Times; Reuters; Grist
Firm files brief for Governor of Montana in Supreme Court case on fate of public-sector unions
U.S. Supreme Court orders Solicitor General to respond to firm’s petition on behalf of Mexican teenager slain by border guard
Firm’s latest filing alerts Second Circuit to extraordinary new developments in the Chevron-Ecuador case; Wall Street Journal, VICE, and Courthouse News
Gupta previews Supreme Court’s argument on workers’ rights class action
Firm files Supreme Court brief on debt collectors and litigation immunity
October 2015:
Gupta quoted in front-page New York Times story on rise of forced arbitration
Gupta speaks at ABA’s National Institute on Class Actions in New Orleans
Firm files reply challenging internet lender’s “tribal arbitration” scheme
Gupta speaks at Yale Law School conference on law & inequality
In NFL concussion litigation, firm files reply for former players challenging global settlement
Firm files Supreme Court reply in cross-border shooting case
Firm files brief on extraterritorial reach of human trafficking laws in case of executed Nepali workers lured to work in Iraq
September 2015:
Firm files brief surveying seven centuries of gun laws in defense of DC’s public-carry law
Firm argues that Supreme Court should dismiss major class-action case
Gupta previews Supreme Court’s class-action cases for Bloomberg
Firm files brief on relationship between firearms regulation and technological change
Firm files Supreme Court brief in whistleblower suit over defense-contractor fraud in Iraq
Canadian Supreme Court unanimously rules Ecuadorian victims may seek to enforce pollution judgment against Chevron
Gupta testifies on Dodd-Frank Act in U.S. House of Representatives
Firm files appeal on auto dealer “yo-yo” scam
Netroots groups support FCC’s net neutrality rule
Groups sue to overturn Wyoming’s new data censorship laws
August 2015:
On behalf of former NFL players, firm challenges proposed global settlement of claims that the NFL hid the risk of concussions
Firm files reply on appeal in First Amendment challenge to Texas surcharge law
Court strikes down Idaho “ag-gag” law, adopting arguments in firm’s brief for constitutional scholar Erwin Chemerinsky
July 2015:
Firm seeks Supreme Court review in cross-border shooting of unarmed Mexican teen by U.S. border patrol agent
Bloomberg profiles the firm as an “Appellate Boutique Going to Bat for the Little Guy”
Firm files letter to Tenth Circuit, arguing against deference to agency interpretations of preemption clauses
Gupta testifies before U.S. Senate Judiciary Committee on constitutionality of Dodd-Frank and Consumer Bureau
Wessler speaks on consumer class actions in Chicago
Firm announces that prominent public interest litigator Matt Wessler has joined as a named principal; report in Law360
Firm wins a Third Circuit appeal on burdens of proof under Fair Debt Collection Practices Act
Firm announces opening for a one-year litigation fellowship starting in fall 2016
Wessler speaks on appellate advocacy at American Association for Justice in Montreal
June 2015:
Justice Kennedy’s surprise opinion upholding Fair Housing Act disparate-impact liability adopts historical analysis in firm’s brief
Firm defeats Supreme Court petition on consumer arbitration
Gupta argues major commercial speech case before Eleventh Circuit; article in Daily Report
Firm challenges internet lender’s “tribal arbitration” scheme
En banc Ninth Circuit hears argument in key Second Amendment appeal
Gupta speaks on appellate advocacy at PLI seminar in New York
May 2015:
Firm wins Supreme Court victory for workers’ rights, defeating trucking industry’s attempt to preempt century-old workplace protections
Firm files brief to the en banc Ninth Circuit, tracing gun regulation from 1300s England to the O.K. Corral
Firm defeats petition, filed by Paul Clement, on ascertainability doctrine
Firm files brief in Chevron-Ecuador appeal on implications of international treaty arbitration
Firm files brief for scholars supporting Financial Stability Oversight Council’s too-big-to-fail authority under Dodd-Frank
April 2015:
Gupta argues opposite Ted Olson in Chevron-Ecuador case in defense of an $8.6 billion environmental judgment arising out of decades of oil pollution in the Amazon rainforest
Firm files brief on behalf of Everytown for Gun Safety in Second Amendment challenge to California’s waiting period on firearms
Gupta speaks on plaintiff-side appellate advocacy at Yale Law School and participates in roundtable on consumer arbitration
Gupta debates Andy Pincus on Article III standing at PLI in New York
March 2015:
Firm wins major victory in First Amendment challenge to California’s credit-card surcharge law
Gupta quoted in front page New York Times article on how mandatory arbitration harms military servicemembers
Gupta argues major First Amendment commercial speech case before Second Circuit
Gupta speaks on appellate advocacy at consumer law conference
Conti-Brown testifies before Senate Banking Committee on Fed reform proposals
Conti-Brown debates Philadelphia Fed president at Brookings on Reserve Banks’ role in monetary policy
February 2015:
Gupta argues Ninth Circuit appeal over constitutionality of California’s regulation of background-screening companies
Firm files U.S. Supreme Court amicus brief for professors of bankruptcy law
Firm files Fourth Circuit brief on mortgage lender’s “use” of credit scores under Fair Credit Reporting Act
Gupta argues Eleventh Circuit appeal on “prior express consent” under the Telephone Consumer Protection Act
January 2015:
Firm wins victory for Internet free speech: South Dakota court rejects bid by First Premier Bank for a gag order against the firm’s client, credit-card-comparison site Cardhub.com; report in the Wall Street Journal
U.S. Supreme Court hears arguments in Texas fair housing case, in which the firm represents Members of Congress; Gupta interviewed by Mother Jones
Firm defeats Fourth Circuit petition on Article III standing and wilfulness under Fair Credit Reporting Act
Firm weighs in, with constitutional scholar Erwin Chemerinsky, on free speech and equal protection challenge to Idaho’s “Ag Gag” law
December 2014:
Gupta interviewed in Angeion’s “Leading Litigator” series
Firm files reply in case against Major League Baseball over Fair Labor Standards Act coverage
Firm files Supreme Court brief for Members of Congress in Texas housing case
Firm files appellate brief in constitutional challenge to Florida surcharge law, supported by national consumer groups and major retailers
Firm files Fourth Circuit brief on mortgage lender’s “use” of credit scores under Fair Credit Reporting Act / Firm files a class action against debt collectors that rent out prosecutor letterhead — the subject of a recent ABA ethics opinion and report in L.A. Times
Firm wins First Amendment case against the Florida Bar
November 2014:
Gupta appears in Lost in the Fine Print, a new short film on the effects of forced arbitration
Firm files Second Circuit reply in Chevron v. Donziger appeal over $8 billion Ecuadorian pollution judgment
Deepak Gupta and Brian Wolfman present plenary session on appellate advocacy at National Consumer Rights Litigation Conference
Firm files brief in First Amendment challenge to California credit-card surcharge law
October 2014: Firm wins class-action judgment of $56 million for federal bankruptcy judges
Gupta argues First Amendment defense of Cardhub.com against First Premier Bank’s trademark suit in South Dakota
Gupta argues constitutional challenge to Texas credit-card surcharge law
September 2014:
Rolling Stone reports on Chevron’s attempts to evade responsibility for oil pollution in Ecuador
Firm successfully defeats Experian’s Fourth Circuit petition for interlocutory review of class certification order, raising Article III standing issues
Gupta argues Ninth Circuit wage-and-hour case for Deloitte & Touche audit employees; report at Law360
Firm defends jury verdict in Third Circuit appeal over burden-shifting under FDCPA
Brian Wolfman, of counsel to the firm, joins Stanford’s Supreme Court Litigation Clinic
CBS News reports on the firm’s First Amendment defense of Cardhub.com against First Premier Bank’s trademark suit
August 2014:
Firm wins Fourth Circuit appeal on abusive collection practices
Gupta speaks on plaintiff-side appellate advocacy to the Inner Circle of Advocates
Firm files U.S. Supreme Court brief opposing Spokeo’s petition on Article III standing in statutory-damages class actions
Firm files Second Circuit brief arguing that Major League Baseball is not exempt from the Fair Labor Standards Act
Firm mounts First Amendment defense of CardHub credit-card-comparison website against trademark infringement suit by First Premier Bank
Firm seeks summary judgment in First Amendment challenge to California’s no-surcharge law
July 2014:
Firm wins major Ninth Circuit preemption victory, reversing a string of decisions finding California labor law preempted by federal transportation deregulation; report at San Francisco Chronicle
Firm files a motion for preliminary injunction in First Amendment challenge to Texas no-surcharge law
Gupta interviewed by SCOTUSblog on Noel Canning‘s political consequences
Gupta speaks on plaintiff-side appellate advocacy and other topics at the American Association for Justice annual convention in Baltimore
Firm files a class action against Bounceback, Inc. a for-profit debt collector that rents out the seal and letterhead of local prosecutors to collect debts through threats of criminal prosecution
June 2014:
Firm files Second Circuit brief defending our victory in constitutional challenge to New York’s credit-card surcharge law, and summary-judgment briefing in parallel constitutional challenge in Florida
Gupta speaks at 10th annual class actions conference in Seattle
May 2014:
Gupta speaks on “seeking and opposing discretionary review” at 2014 Appellate Advocacy Institute in New York
Firm files Eleventh Circuit brief on federal telemarketing law’s “prior express consent” requirement
Four judges on the Third Circuit dissent in response to the firm’s rehearing petition in Carrera v. Bayer, concerning the “ascertainability” requirement for class certification
April 2014:
Firm files Second Circuit brief for former Congressman Patrick Kennedy on intent of the Mental Health Parity and Addiction Equity Act
Gupta speaks at Georgetown Law symposium on “Making the Fine Print Fair”; report at Philadelphia Inquirer
Conti-Brown pens Politico article on “The Constitutional Crisis at the Fed”
Gupta argues Fourth Circuit consumer rights appeal in Charleston, South Carolina
Gupta speaks on mass claims in arbitration to the American Society for International Law & Institute for Transnational Arbitration in Washington, DC
Firm opposes Chevron’s $32 Million attorneys’ fees motion in Chevron v. Donziger
Gupta co-chairs Annual Consumer Financial Services Institute in New York and Chicago
March 2014:
Firm represents Nobel laureate Joseph Stiglitz in Argentina bonds case in U.S. Supreme Court; Bloomberg
Firm associate Jon Taylor argues major consumer-rights appeal before the Alaska Supreme Court
Firm defeats banking industry’s petition for U.S. Supreme Court review of Article III standing in statutory-damages cases
Firm defeats billionaire’s U.S. Supreme Court plea to review personal liability in wage-and-hour class action
Firm files three simultaneous First Amendment challenges to the credit-card surcharge laws of Florida, Texas, and California; report at Bloomberg News; press release
Firm wins Eleventh Circuit appeal: Telephone Consumer Protection Act requires personal consent to receive cell-phone calls and allows consent to be revoked orally
Gupta argues Ninth Circuit appeal on federal preemption of state labor law; report in Daily Journal
February 2014:
The firm files a brief asking the U.S. Supreme Court to reject a New York billionaire’s plea to review a decision holding him personally liable as an employer for millions of dollars in wage-and-hour violations
The firm files a brief arguing that the U.S. Supreme Court shouldn’t take up the question of Article III standing in statutory damages cases
The firm files a petition in the U.S. Supreme Court concerning the extent to which life insurers act as ERISA fiduciaries when they send beneficiaries “checkbooks” instead of lump-sum payments
The firm files a brief in the Eleventh Circuit arguing that damages for violations of bankruptcy’s automatic stay belong to the individual injured rather than the estate
January 2014:
Firm wins appellate victory in Fourth Circuit: Federal law requires debt collectors to give consumers the right to oral disputes
Firm files Ninth Circuit brief in Cabral v. Supple, concerning consumer fraud class actions, the placebo effect, and behavioral economics; amicus briefs filed by AARP, Center for Science in the Public Interest and Consumer Attorneys of California
December 2013:
Firm files First Amendment challenge to Florida’s restrictions on lawyer websites & social media; report at Bloomberg BNA
Conti-Brown speaks on Federal Reserve Board at GWU symposium
Firm files Eleventh Circuit brief on Telephone Consumer Protection Act’s “express consent” requirement
Firm files U.S. Supreme Court petition on timing of Truth in Lending Act suits
November 2013:
Gupta speaks on plaintiff-side appellate advocacy at Yale Law School
Gupta debates U.S. Senator David Vitter in New Orleans
Firm wins appellate victory in Second Circuit attorneys’ fees appeal
Gupta speaks on Supreme Court cases at NLJ Regulatory Summit
Rubin, Wolfman and Gupta speak on various topics at the National Consumer Rights Litigation Conference
Conti-Brown delivers lecture on the Federal Reserve at the U.S. Treasury
Arkush publishes essay on recess appointments in Harvard Law Review forum
October 2013:
Firm represents Members of Congress before the U.S. Supreme Court in major civil rights case
Gupta argues appeal on consumer collection dispute rights before the Fourth Circuit
Firm files brief urging U.S. Supreme Court to reject online payday lender’s request to review Montana arbitration ruling
Gupta speaks at ABA conference on consumer finance in Baltimore
Gupta speaks on the U.S. Supreme Court at the 9th Annual Class Actions Conference
September 2013:
Gupta to deliver lecture in Chicago sponsored by the Institute for Consumer Antitrust Studies: “Will Class Actions Survive the Roberts Court?”
Firm files Third Circuit rehearing petition seeking en banc review of a controversial decision on “ascertainability” in consumer products class actions
Firm files Ninth Circuit brief defending the constitutionality of California’s law regulating background-screening companies
Firm wins summary judgment in class action on behalf of federal bankruptcy judges in judicial-pay litigation
August 2013:
Firm wins significant appellate victory on constitutional standing in statutory-damages cases; Eighth Circuit reverses dismissal of two consumer class actions
The firm successfully opposes a major class certification appeal in the Eleventh Circuit
The firm welcomes our newest lawyer, Peter Conti-Brown, who joins us from a clerkship on the D.C. Circuit
Gupta to speak on U.S. Supreme Court’s term in review at the American Bar Association annual meeting in San Francisco
July 2013:
In major appellate victory for the firm, the Second Circuit holds a New York billionaire personally liable to his workers for $3.5 Million in wage-and-hour violations committed by his company
Gupta to speak on the U.S. Supreme Court’s recent civil rights and arbitration cases at American Association for Justice’s annual meeting in San Francisco
The firm’s brief to the Alaska Supreme Court argues that foreclosure mills are covered by federal consumer protections
Firm files Eleventh Circuit brief on federal telemarketing law’s consent requirement
June 2013:
U.S. Supreme Court decides American Express v. Italian Colors, in which the firm served as counsel for respondents; Gupta quoted in Reuters, Bloomberg, Wall Street Journal
Gupta speaks at Federalist Society’s “Executive Branch Review” conference; report at Legal Times
May 2013:
Gupta argues before the Eighth Circuit in Omaha over whether consumers have Article III standing to seek statutory damages for notice violations
U.S. Supreme Court denies certiorari in Zinni v. Convergent Outsourcing, in which firm filed the successful brief in opposition for the respondent
April 2013:
Gupta quoted on NPR’s Marketplace and Talking Points Memo discussing the impact on the CFPB of the constitutional controversy over President Obama’s recess appointments
Firm files supplemental U.S. Supreme Court brief on impact of Genesis Healthcare v. Symczyk
Gupta speaks at 46th Pacific Coast Labor & Employment Conference in Seattle
Firm files Fourth Circuit brief in Fair Debt Collection Practices Act appeal
Firm files Second Circuit brief in fees appeal
Gupta co-chairs 18th Annual Consumer Financial Services Institute in New York
Gupta speaks on civil rights and lending at the American Bar Association
Firm files reply in the Ninth Circuit in Brady v. Deloitte, a wage-and-hour class action appeal
March 2013:
Firm files brief in opposition in the U.S. Supreme Court in Zinni v. Convergent, concerning whether unaccepted settlement offers deprive courts of Article III jurisdiction
Gupta debates former White House Counsel C. Boyden Gray over the new consumer bureau’s constitutionality at Georgetown Law
Gupta speaks on Supreme Court and discretionary appellate review at PLI Appellate Advocacy 2013, New York
Firm files comments in the Tennessee Supreme Court on behalf of the Tennessee First Amendment Society, raising constitutional objections to proposed commercial speech restrictions
February 2013:
Gupta argues before the U.S. Supreme Court in McBurney v. Young, a constitutional challenge to Virginia’s citizens-only public records law: transcript, audio, Washington Post recap
U.S. Supreme Court hears arguments in Amex v. Italian Colors, a case concerning the arbitration of complex antitrust disputes, in which the firm represents the respondents
Firm files reply in Cantero v. Bank of America, on whether federal banking law preempts state consumer protection laws
Deepak Gupta argues in the Nevada Supreme Court in defense of a $200 million jury verdict against Sierra Health and Life Insurance over wrongful denial of coverage for medically necessary cancer treatment
Jon Taylor argues Fifth Circuit appeal over whether personal jurisdiction exists in Texas over a suit by a Texas resident who bought a defective Samsung battery while in Texas, used it in Texas, and was injured by it in Texas
January 2024:
Firm files U.S. Supreme Court brief on behalf of bipartisan trio of U.S. Senators urging the court to reject corporations’ use of the “Texas Two-Step” bankruptcy maneuver to evade accountability to hundreds of thousands of asbestos victims. Press release. Coverage in National Law Jourrnal., Bloomberg Law, Wall Street Journal, Reuters.
In the U.S. Supreme Court, firm files reply in Bissonnette v. Le Page Bakeries, on the Federal Arbitration Act’s worker exemption
California Supreme Court allows firm’s victory against Facebook’s discriminatory ad-targeting algorithm to stand. Coverage in Bloomberg Law; earlier coverage in the San Francisco Chronicle and The Verge
December 2023:
In a major win on appeal for the firms’ clients, the Washington Supreme Court rules that private prison operator GEO Group should have paid the minimum wage to immigrant detainees who performed manual labor while detained. Coverage in the Seattle Times, Reuters, AP, Washington State Standard, Bloomberg Law, Courthouse News, Law360, KIRO TV, News Tribune
November 2023:
In the U.S. Supreme Court, Jon Taylor argues Vidal v. Elster, on whether the denial of registration for trademarks critical of public figures violates the First Amendment
In the Seventh Circuit, associate Alisa Tiwari argues that when a Korean company sends a battery into Indiana that explodes and injures an Indiana resident, Indiana’s courts may hear the resulting lawsuit–despite the company’s claim to serve only one segment of the “market.” Coverage in Bloomberg Law
Firm persuades U.S. Supreme Court to deny DuPont’s attempt to reopen a $40 million jury verdict, stemming from its discharge of carcinogenic forever chemicals along the Ohio River, by challenging the preclusive effect of bellwether trials in multidistrict litigation. Coverage in Reuters
October 2023:
In the Washington Supreme Court, Jennifer Bennett argues that GEO, a private company that runs immigrant-detention centers for profit, was subject to Washington state’s minimum-wage law when it paid detainee workers $1 a day
Deepak Gupta argues for final approval of a landmark $125 million settlement with the federal judiciary over fees for access to court records via PACER. Coverage of the fairness hearing in Bloomberg and the National Law Journal. Coverage of the settlement in the Washington Post, Politico, Reuters, The National Law Journal, and Bloomberg
In the Fourth Circuit, associate Jessica Garland argues that Bank of America violated the Electronic Funds Transfer Act by failing to provide required protections with respect to a government-benefit account
In Cantero v. Bank of America, the U.S. Supreme Court grants the firm’s petition on whether federal banking law preempts state consumer-protection laws. Cantero is the third of three merits cases that Gupta Wessler attorneys will argue before the U.S. Supreme Court in the 2023-24 Term. Coverage at Bloomberg Law and Law360
September 2023:
In Bissonnette v. LePage Bakeries, the U.S. Supreme Court grants the firm’s petition on whether a bakery conglomerate’s truck drivers are exempt from forced arbitration under the Federal Arbitration Act. Coverage at Reuters, Bloomberg News, and Law360
In the Tenth Circuit, Jennifer Bennet argues an appeal over whether GEO–a private corporation that runs immigration-detention centers for profit–is immune from liability for forcing immigrant detainees to work for $1 a day. Coverage in Courthouse News and Bloomberg Law
In the D.C. Court of Appeals, Deepak Gupta argues and wins a defamation appeal on behalf of the Awans, Pakistani-Americans who worked as information-technology staffers in the House of Representatives and who seek accountability for a xenophobic smear campaign by right-wing media. Coverage in Legal Newsline, earlier coverage in Daily Beast and Washington Post
In the U.S. Supreme Court, the firm files its merits brief in a First Amendment challenge to the denial of a trademark critical of the former president. Coverage in the National Law Journal. Jon Taylor will argue the case in November
In the U.S. Supreme Court, the firm files its reply in support of truck drivers’ petition seeking review on transportation workers’ exemption from the Federal Arbitration Act
August 2023:
On behalf of West Virginia domestic-violence shelters, and in collaboration with Everytown Law, the firm wins a constitutional challenge to a West Virginia law that forbids shelters from asking about the presence of firearms on their own property
The firm seeks final approval of a historic class-action settlement with the federal judiciary over PACER fees. After more than seven years of hard-fought litigation, the plaintiffs have secured a settlement under which the government must create a common fund of $125 million and reimburse the vast majority of PACER users in full for past PACER charges. The settlement follows our partial win on appeal in the Federal Circuit. Read coverage of the settlement in the Washington Post, Politico, Reuters, The National Law Journal, and Bloomberg
In the U.S. Supreme Court, the firm opposes an attempt to reopen a $40 million jury verdict stemming from DuPont’s discharge of carcinogenic forever chemicals along the Ohio River. DuPont’s petition challenges the preclusive effect of bellwether trials in multidistrict litigation. Coverage at Retuers and Law360
In a win before an Ohio federal district court, the firm defeats a motion to dismiss a lawsuit, under the Trafficking Victims Protection Act, alleging that that a staffing company recruits foreign nurses to work in American healthcare facilities under circumstances that amount to indentured servitude
In a win before the California Court of Appeal, the firm scores a ruling that a car manufacturer can’t enforce the arbitration clause in the sales contract between a consumer and a local car dealership
July 2023:
U.S. Senate confirms Gupta Wessler alum Rachel Bloomekatz to the U.S. Court of Appeals for the Sixth Circuit
On behalf of truck drivers for a bakery conglomerate, the firm asks the U.S. Supreme Court to resolve a circuit split over whether transportation workers must be employed by a company in the transportation industry to be exempt from the Federal Arbitration Act
In the Second Circuit, the firm wins a ruling rejecting a new threshold requirement under the Fair Credit Reporting Act
June 2023:
U.S. Supreme Court agrees to decide First Amendment challenge to the denial of a trademark critical of the former president. Jon Taylor represents the challenger, Steve Elster, in the Supreme Court. Coverage in the New York Times, Washington Post, and CNN
Massachusetts Supreme Judicial Court rules in favor of the firm’s clients on personal jurisdiction in a products-liability suit, rejecting the “Kafkaesque procedural predicament” created by the defense. Coverage in Law360, Mass Lawyers Weekly
In Nevada Supreme Court, firm defends $200 million jury verdict against Sierra Health and Life for wrongful denial of coverage for medically necessary cancer treatment
May 2023:
In yet another personal-jurisdiction victory for the firm, Texas Supreme Court holds that, when a company sells a battery in Texas that explodes and injures a Texas resident, the Texas courts may hear his suit–despite the company’s claim to serve only one segment of the “market”
April 2023:
In the U.S. Supreme Court, the firm opposes the Solicitor General’s petition for certiorari, in defense of the firm’s victory in a First Amendment challenge to the government’s refusal to register a trademark that voices political criticism of the former president
In the North Carolina Supreme Court, associate Rob Friedman argues that when a company sells a battery in North Carolina that explodes and injures a North Carolina resident, North Carolina’s courts may hear his suit–despite the company’s claim to serve only one segment of the “market”
U.S. Supreme Court refuses to block $6 billion student-loan settlement, under which the federal government will discharge hundreds of thousands of student loans based on fraud by for-profit colleges. The borrowers are represented by the Project on Predatory Student Lending and Housing and Economic Rights Advocates. The firm served as Supreme Court counsel, filing a brief opposing a stay. Read coverage in the Washington Post, New York Times, NBC News, and Politico.
In the Second Circuit, associate Linnet Davis-Stermitz argues appeal over enforceability of arbitration clause in Klarna’s buy-now-pay-later app.
In the Colorado Supreme Court, associate Rob Friedman argues in defense of the constitutionality of Colorado’s Child Sexual Abuse Accountability Act, which permits suits by childhood victims of sexual assault; read coverage in the Colorado Sun and Colorado Politics
March 2023:
In the D.C. Court of Appeals, Deepak Gupta argues defamation appeal against Salem Media, seeking accountability for a multi-year xenophobic campaign to smear the Awans, a family of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives
In the Texas Supreme Court, associate Neil Sawhney argues that, when a company sells a battery in Texas that explodes and injures a Texas resident, the Texas courts may hear his suit–despite the company’s claim to serve only one segment of the “market”
In the Washington Court of Appeals, Deepak Gupta argues in defense of a $185 million verdict against Monsanto over toxic PCB exposure
In the the Eighth Circuit, the firm successfully defends a $20 million verdict on behalf of four women who were sexually assaulted by a prison guard while incarcerated in Missouri
In the U.S. House of Representatives, Jonathan Taylor testifies on the need to end forced arbitration of servicemembers’ claims under the Uniformed Services Employment and Reemployment Rights Act; read his written testimony here
In the U.S. Senate Judiciary Committee, Jennifer Bennett testifies on platform accountability and Section 230, explaining why her victory in Henderson v. Source for Public Data may provide a consensus framework; read her written testimony here
February 2023:
David Lat features Gupta Wessler as “law firm of the week” in Original Jurisdiction: “I’m unaware of any Biglaw firm that has been having as good a week as Gupta Wessler, the high-powered, progressive boutique known for handling appellate, constitutional, and other complex litigation matters. In a little more than a week, the 15-lawyer firm won five precedential victories—in the Third, Fourth, Sixth, Ninth, and Eleventh Circuits—for ”military servicemembers, cancer victims, consumer borrowers, and cheated students.” Congratulations to the firm, which now has offices in San Francisco and Boston as well as its founding city of D.C., on all the big wins. (And congrats also on the aforementioned approval by the Senate Judiciary Committee of Sixth Circuit nominee Rachel Bloomekatz, a former Gupta Wessler principal.)”
In the Sixth Circuit, working with the National Student Legal Defense Network, the firm wins a ruling rejecting an attempt by executives of a predatory for-profit school to use a settlement with a court-appointed receiver to bar students’ claims
In the Ninth Circuit, the firm wins a landmark ruling for military servicemembers in a class action challenging pay discrimination against employees who take required short-term military leave
In the Eleventh Circuit, the firm obtains a favorable ruling (and reversal) holding that a consumer has Article III standing to sue over the failure to provide disclosures that were necessary for him to understand the true cost of a loan
January 2023:
In a major victory for plaintiffs–including the firm’s mesothelioma-victim clients–the Third Circuit rejects Johnson & Johnson’s controversial use of a “Texas two-step” bankruptcy to avoid billions of dollars in tort claims over its talc products. Read our opening brief and reply. Reports in the New York Times, CNN, Wall Street Journal, NPR, and Reuters; in-depth report in The New Yorker
In a win for the firm’s clients, the Fourth Circuit allows borrowers to bring RICO suit against tribe-linked online payday lender. Coverage at Law360, Bloomberg
In case on Apple iPhones, the firm seeks U.S. Supreme Court review of Ninth Circuit’s ruling on federal agencies’ power to preempt state law. Coverage in Bloomberg
In a U.S. Supreme Court win for the firm’s clients, firm defeats effort to review the reach of the antitrust laws’ labor exemption for independent contractors. Coverage at Law360; in-depth coverage at The New Republic
December 2022:
In a major appellate win for the firm and its clients, Sixth Circuit upholds $40 million verdict against DuPont for discharging vast quantities of a carcinogenic “forever” chemical into the Ohio River, landfills, and the air surrounding its West Virginia plant. The decision has important implications for collateral estoppel in MDL cases. Coverage in Bloomberg Law and Law360
On behalf of Puerto Rican horse jockeys, firm opposes U.S. Supreme Court review of whether the antitrust laws’ labor exemption protects collective action by independent contractors
Firm seeks U.S. Supreme Court review on National Bank Act preemption of state escrow-interest laws designed to protect home mortgage borrowers
On behalf of environmental groups, Jennifer Bennett presents argument to the Ninth Circuit, sitting en banc, in a dispute over the decision to allow a road through a national wildlife refuge in Alaska
November 2022:
On behalf of the family of a St. Louis man killed by police, firm asks U.S. Supreme Court to decide whether the Constitution permits officers to put a handcuffed and shackled person face-down on the floor and push on his back for 15 minutes until he suffocates to death
Firm wins Fourth Circuit appeal rejecting Section 230 immunity for credit-reporting agencies, with amicus support from FTC and CFPB
October 2022:
Firm announces a historic nationwide class-action settlement with the federal judiciary over PACER fees. After more than six years of hard-fought litigation, the plaintiffs have secured a settlement under which the government must create a common fund of $125 million and reimburse the vast majority of PACER users in full— 100 cents on the dollar—for past PACER charges. The settlement follows our partial win on appeal in the Federal Circuit. Read coverage of the settlement in the Washington Post, Politico, Reuters, The National Law Journal, and Bloomberg
In the D.C. Court of Appeals, firm files its appellate brief in a defamation lawsuit against the Daily Caller, Salem Media, and Luke Rosiak seeking accountability for their multi-year xenophobic campaign to smear the Awans, a family of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives
In the Fourth Circuit, Jennifer Bennett argues an appeal over the scope of Military Lending Act protections for servicemembers, with amicus support from the Pentagon, DOJ, and CFPB
In the Fourth Circuit, Matt Wessler argues an appeal defending certification of a class action against online tribal payday lenders
In the Ninth Circuit, on behalf of Alaska Airlines’ pilots, Jon Taylor argues an appeal challenging discrimination against military reservists who take required short-term military leave. Coverage at Law360
In the North Carolina Supreme Court, the firm seeks review of an appellate decision allowing German and French helicopter manufacturers to escape accountability in North Carolina courts for a helicopter that was sold in North Carolina and that killed four North Carolinians in North Carolina. Coverage at Law360
In the Ninth Circuit, Jennifer Bennett argues in support of a $17 million jury verdict finding that GEO–a private company that runs immigrant-detention centers for profit–violated Washington state minimum-wage law by paying detainee workers $1 a day. Coverage at Reuters
September 2022:
In the Third Circuit, the firm represents a committee of mesothelioma victims challenging Johnson & Johnson’s controversial use of a “Texas two-step” bankruptcy to avoid billions of dollars in tort claims over its talc products; opening brief and reply; in-depth report in The New Yorker
On remand from the U.S. Supreme Court on Article III standing in light of TransUnion v. Ramirez, Deepak Gupta argues a Fourth Circuit appeal over an $11 million judgment against Quicken Loans for biased home appraisals
In the Montana Supreme Court, the firm defends a $16 million child abuse verdict
Peter Romer-Friedman speaks at a joint EEOC and U.S. Department of Labor roundtable on the civil-rights implications of corporations’ use of automated technology, including artificial intelligence, to recruit and hire workers
August 2022:
In Nevada state court, the firm defeats legal challenges to a $200 million jury verdict against Sierra Health and Life for wrongful denial of coverage for medically necessary cancer treatment
Firm alum Daniel Wilf-Townsend joins Georgetown Law as Associate Professor of Law, teaching civil procedure and consumer protection. Citing his time at Gupta Wessler, Wilf-Townsend says: “I hope, as a teacher, to transmit some of the enthusiasm I have around the issues that I found as a litigator.”
July 2022:
On appeal in the Washington state court, the firm defends a $185 million jury verdict against Monsanto for its decades-long campaign to sell toxic PCBs while concealing their harmful effects from the public
Deepak Gupta is awarded the National Civil Justice Institute’s 2022 Appellate Advocacy Award, which “recognizes excellence in appellate advocacy in America,” for his advocacy before the U.S. Supreme Court in Ford Motor Co. v. Montana Eighth Judicial District Court. Following “three decades” of personal-jurisdiction decisions that had “made it increasingly harder for plaintiffs to hold wrongdoers accountable in court, Ford “represents a stunning break in the Court’s long-running trend.”
Reuters interviews Jennifer Bennett for its series on “Winning Strategies: How I won at the Supreme Court”
June 2022:
Firm wins a unanimous U.S. Supreme Court ruling for workers over forced arbitration. Slate cited the case as one where “good lawyering” made the difference: “Jennifer Bennett, who represented Saxon, deployed her seemingly encyclopedic knowledge of interstate labor in 1920s America to shred each layer of Southwest’s reasoning.”
President Biden nominates former Gupta Wessler principal Rachel Bloomekatz to be a circuit judge on the U.S. Court of Appeals for the Sixth Circuit
Ninth Circuit grants the firm’s petition for rehearing en banc on the enforceability of online payday lenders’ “tribal arbitration” clauses, which had previously been struck down by ten separate panels from five circuits, all unanimous, and dozens of district courts
Firm seeks U.S. Supreme Court review to resolve circuit split over whether ERISA preempts a post-distribution state-law right to seek insurance proceeds
May 2022:
Firm persuades U.S. Supreme Court to let stand an appellate ruling that revived nearly 6,000 lawsuits over 3M’s Bair Hugger surgical warming device, clearing the way for trials to resume this fall. Coverage by Reuters and Bloomberg Law
Jennifer Bennett argues Fourth Circuit appeal opposing Section 230 immunity for credit-reporting agencies, with amicus support from FTC and CFPB
Firm files North Carolina Supreme Court appeal urging application of the U.S. Supreme Court’s recent Ford personal-jurisdiction precedent to LG Chem’s marketing and distribution of exploding lithium batteries
On appeal in the Ninth Circuit, the firm defends a $17 million jury verdict finding that a private company operating an immigration detention facility violated state minimum-wage law by paying $1 a day to immigrant workers detained at the facility
On behalf of wrongly convicted torture victim James Gibson, the firm asks court to recognize the Chicago Police Department’s well documented practice of torturing Black suspects in the 1980s, with amicus support from local business and civic leaders
April 2022:
Firm successfully opposes U.S. Supreme Court petition on standards for admitting scientific expert testimony. Coverage from Reuters and Law360.
Firm wins Ninth Circuit ruling that users’ mere use of a website does not indicate manifestation of assent to an arbitration clause in the website’s terms and conditions
Firm files Second Circuit appeal opposing liability shield for sloppy credit reports, supported by CFPB and FTC amicus brief
Jennifer Bennett speaks at Yale Law School on progressive textualism and the Supreme Court
March 2022:
Jon Taylor argues Second Circuit appeal on preemption of state consumer protection law under Dodd-Frank
Firm files Ninth Circuit brief arguing that employers may not discriminate against military reservists who take required short-term military leave
Deepak Gupta signs letter from U.S. Supreme Court practitioners urging permanent livestreaming of argument audio
Firm files U.S. Supreme Court brief in Viking River v. Moriana, arguing against implied preemption under the Federal Arbitration Claim of remedies under California’s Public Attorney General Act
February 2022:
Firm wins Federal Circuit appeal in First Amendment challenge to federal trademark statute
January 2022:
Firm wins Ninth Circuit appeal giving consumers a right to a day in court on lemon-law claims, rejecting car companies’ attempts to enforce dealers’ arbitration clauses; report at Reuters
Pentagon, DOJ, and CFPB announce joint amicus brief in support of the firm’s appeal to protect military servicemembers from predatory lending
Firm defeats railroad industry’s bid for Supreme Court review of preemption defense to bad-faith suits
Firm files U.S. Supreme Court brief in Morgan v. Sundance, arguing against the judge-made “liberal policy favoring arbitration”
December 2021:
Firm wins Tenth Circuit victory applying the Supreme Court’s Ford personal-jurisdiction decision to the telemarketing context; reports at Bloomberg Law and National Law Journal
Firm defeats anti-SLAPP motions to dismiss, on behalf of a family of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives, in their lawsuit against the Daily Caller, Luke Rosiak, and Salem Media for their multi-year xenophobic defamation campaign. Read the firm’s brief here.
Deepak Gupta argues Ninth Circuit appeal over Volkswagen’s historic “clean diesel” fraud
Matt Wessler argues Ninth Circuit appeal on federal preemption of cell-phone radiation suits
Firm defeats predatory auto lender’s bid for Supreme Court review on arbitration of “public injunction” claims
Firm opposes predatory mortgage lender’s plea for Supreme Court review on consumers’ standing to sue over biased appraisals
Firm opposes Supreme Court review of railroad’s preemption defense to bad-faith suits
Supreme Court grants review in the firm’s case on whether workers who load and unload interstate air cargo are exempt from forced arbitration; Jennifer Bennett will present oral argument in the case this term
Firm files Fourth Circuit appeal over standing to challenge digital discrimination on Facebook
D.C.’s Attorney General, Consumer Reports, Public Knowledge and Upturn support firm’s lawsuit on behalf of Muslim Advocates, arguing that Facebook can be held accountable for misleading consumers and Congress over its content-moderation polices
The New Yorker highlights an amicus brief filed by the firm in support of the Department of Education’s Gainful Employment Rule
November 2021:
Firm files amicus brief–in support of OSHA’s vaccinate-or-test standard–on behalf of American Public Health Association, Association of Schools and Programs of Public Health, Public Health and Health Care Organizations, 30 Deans of Leading Academic Programs, and 104 Leading Public Health and Health Policy Scholars
Firm wins Fourth Circuit victory over online tribal payday lending, defeating lenders’ efforts to enforce sham tribal arbitration agreements and invoke tribal sovereign immunity
In its lawsuit challenging Facebook’s misrepresentations about its content-moderation policies, the firm files briefs opposing Facebook’s motion to dismiss and anti-SLAPP motion
Firm opposes Supreme Court review on waiver of California public-injunction claims
Firm opposes Supreme Court review of decision holding that workers who load and unload interstate cargo are exempt from forced arbitration
Firm petitions Ninth Circuit for rehearing en banc on the enforceability of online payday lenders’ “tribal arbitration” clauses, which had previously been struck down by ten separate panels from five circuits, all unanimous, and dozens of district courts
Jon Taylor argues Federal Circuit appeal in First Amendment challenge to trademark statute
October 2021:
In U.S. Supreme Court, firm successfully defeats attempt by class-action objector Ted Frank to impose a new “lodestar cross-check” requirement on percentage-based fees in class-action settlements
In appeal over debt collectors’ “pay-to-pay” fees, firm files Ninth Circuit brief, with amicus support from CFPB
In appeal over Section 230 immunity for credit-reporting agencies, firm files brief, with amicus support from FTC and CFPB
Firm files Ninth Circuit brief on retroactivity of federal agency preemption of California worker break laws
September 2021:
Deepak Gupta is appointed to the Administrative Conference of the United States as a public member
On behalf of Everytown for Gun Safety, the firm files a Supreme Court brief championing an originalist case for public-carry laws based on seven centuries of Anglo-American history
Firm files Sixth Circuit brief on whether Dupont is barred from relitigating claims in long-running multidistrict litigation over the company’s contamination of Ohio and West Virginia families’ water supplies
August 2021:
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The firm is a winner in the “Appellate Hot List” category, for the second year in a row
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Jon Taylor is a winner in the “Rising Star” category
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Deepak Gupta is a finalist in the “Winning Litigator” category
Firm wins Third Circuit ruling holding that military servicemembers have a right to equal paid leave
Firm wins Seventh Circuit ruling holding that robocalling companies can’t hide behind their telemarketers
Firm wins First Amendment challenge to state restrictions on vegan “butter”
July 2021:
Deepak Gupta is awarded the Steven J. Sharpe Award for Public Service from the American Association for Justice for his achievement in successfully arguing Ford Motor Company v. Bandemer and Ford Motor Company v. Montana Eighth Judicial District Court in the Supreme Court
Firm files Fourth Circuit brief on enforceability of “infinite arbitration” contracts
June 2021:
Firm’s petition results in a rare Supreme Court win in a case of police excessive force: by a 6-3 vote, the Court summarily tossed out a pro-officer decision that failed to consider “well-known police guidance recommending that officers get a subject off his stomach as soon as he is handcuffed.” Coverage, quoting Jon Taylor, by Associated Press, Law & Crime, Law360, Washington Post, New York TImes, USA Today, NPR.
Deepak Gupta testifies before the Presidential Commission on the Supreme Court
Senate confirms Gupta Wessler alum Lina Khan as Chair of the Federal Trade Commission
Mother Jones reports on Facebook’s immunity arguments in the firm’s lawsuit, on behalf of Muslim Advocates, challenging Facebook’s false representations about policing hate groups on the platform
Newsweek reports on the firm’s representation of James Gibson, a black man tortured by the Chicago police into giving a false confession to murder
May 2021:
Matt Wessler argues Ninth Circuit appeal over personal jurisdiction in nationwide class actions
April 2021:
Firm files lawsuit, on behalf of Muslim Advocates, challenging Facebook’s false representations about policing hate groups on the platform. Coverage in Washington Post, Mother Jones, NPR, Reuters, USA Today.
Firm wins Ninth Circuit reversal of summary judgment on products-liability claims involving a defect in Ford’s panoramic sunroofs, which causes them to shatter without warning. Coverage in Law360.
In Bloomberg, Jen Bennett discusses the firm’s litigation challenging forced arbitration of claims by transportation workers
March 2021:
In Ford Motor Co. v. Montana Eighth Judicial District, the firm wins a unanimous U.S. Supreme Court victory for injured consumers’ right to access the courts to seek justice against out-of-state corporations. Coverage in New York Times, Wall Street Journal, Associated Press, Bloomberg, Reuters,
Firm defeats Facebook’s bid to take privacy case over user tracking to the U.S. Supreme Court
Firm wins Seventh Circuit ruling that airline ramp supervisors are exempt from the Federal Arbitration Act
Firm wins Fourth Circuit decision upholding a $10 million judgment for West Virginia consumers against a lender that used “particularly questionable” pressure tactics and deceit to “stack the deck” in mortgage appraisals
Firm wins preemption appeal for injured railroad worker in Montana Supreme Court
Ninth Circuit issues landmark opinion on guns–a culmination of the firm’s years-long effort, with Everytown for Gun Safety, to champion an originalist case for public-carry laws based on seven centuries of Anglo-American history
February 2021:
Firm wins Seventh Circuit appeal allowing military reservists who take required military leave to sue over pay discrimination under the Uniformed Services Employment and Reemployment Rights Act
Firm brings as-applied First Amendment challenge, in the Federal Circuit, to Lanham Act prohibition on registration of any trademark that “[c]onsists of or comprises a name … identifying a particular living individual except by his written consent”
January 2021:
On behalf of Environmental Defense Fund, Montana Environmental Information Center, and Citizens for Clean Energy, firm sues and successfully blocks a Trump Administration rule would cripple EPA’s ability to use science to protect the public health from going into effect
Deepak Gupta pens New York Times op-ed on Fourteenth Amendment’s insurrection clause
December 2020:
Firm files U.S. Supreme Court brief for the American Antitrust Institute on the FTC’s ability to seek disgorgement for antitrust violations
On behalf of restaurant and hotel competitors, firm files U.S. Supreme Court brief in Emoluments Clause suit against Donald Trump
November 2020:
The National Law Journal names Gupta Wessler to its list of “2020 Appellate Hot List” honorees–firms that “tackled novel issues and undoubtedly overcame unprecedented challenges over the past year, boasting high-profile and high-stakes wins in the nation’s highest appellate courts across a number of practice areas.”
Firm opposes two cert petitions on personal jurisdiction in nationwide class actions
October 2020:
Deepak Gupta argues U.S. Supreme Court cases, from Minnesota and Montana, on the jurisdiction of state courts to hear claims by injury victims against manufacturers of defective products. Coverage at USA Today, Bloomberg Law, National Law Journal, Reuters, CNBC, Law360.
September 2020:
Firm wins constitutional challenge, on behalf of Montana Governor Steve Bullock, to Trump Administration’s appointment of William Perry Pendley as acting director of the Bureau of Land Management. Coverage in Washington Post, NPR
Firm files petition for certiorari in the U.S. Supreme Court on the constitutional limits on police officers’ use of excessive force
In Ninth Circuit win, firm successfully defends a class-action settlement with Bank of America awarding $1.2 billion dollars in future savings and $70 million in direct monetary relief arising out of extended-overdraft charges
Jon Taylor argues Seventh Circuit appeal over pay discrimination against reservists who take required military leave, in violation of the Uniformed Services Employment and Reemployment Rights Act
Firm files amicus brief, on behalf of former federal officials, in U.S. Supreme Court case about tax shelters
August 2020:
On behalf of Open Technology Fund, firm sues the Trump Administration over $20 million in withheld congressionally-appropriated grant funds for global internet freedom. Coverage in Axios.
On behalf of Governor Steve Bullock of Montana, firm seeks expedited summary judgment in Appointments Clause over William Perry Pendley’s unlawful tenure as acting director of the Bureau of Land Management. Coverage in Washington Post.
By a 8-4 vote, the Second Circuit denies rehearing en banc in the firm’s suit against Donald Trump under the Constitution’s Emoluments Clauses on behalf of hotel and restaurant competitors of the President’s businesses. The decision permits the suit to go forward. Coverage in Bloomberg, National Law Journal, Law & Crime, Courthouse News, Law360.
Court grants preliminary injunction in firm’s First Amendment challenge, with Animal Legal Defense Fund, on behalf of Miyoko’s Kitchen, a 100% plant-based foods company targeted for censorship by the State of California’s Milk and Dairy Foods Safety Branch
July 2020:
Firm wins Third Circuit appeal, defeating online payday lender’s tribal arbitration clauses
Firm files brief on behalf of a family of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives in a lawsuit against the Daily Caller and Regnery Publishing for a multi-year xenophobic defamation campaign
The D.C. Circuit grants our emergency motion to enjoin the Trump Administration from attempting an unlawful hostile government takeover of the Open Technology Fund, an independent nonprofit organization dedicated to global freedom of expression on the Internet. Coverage in The Washington Post, National Law Journal, Law and Crime, Voice of America, Bloomberg. Firm files D.C. Circuit brief on the merits and Kretchun declaration.
Firm files lawsuit on behalf of the State of Montana, challenging William Perry Pendley’s unlawful tenure as acting director of the federal Bureau of Land Management
Firm files emergency motion and reply in the D.C. Circuit to block the federal government’s attempted takeover of Open Technology Fund
Firm announces the filing with the EEOC of class action charges alleging that Facebook discriminates against Black employees and applicants. The workers could represent thousands of Black professionals denied jobs or promotions by the social media giant. Coverage in the Washington Post, CNN, NPR, Reuters
Firm files class action against ten property-management companies over ageist housing ads on Facebook
June 2020:
On behalf of the Open Technology Fund and board members of Radio Free Europe, Radio Free Asia, and Middle East Broadcasting Networks, firm files lawsuit challenging the U.S. Agency for Global Media’s attempted “Wednesday Night Massacre” of the leadership of agency-funded news and anti-censorship organizations. Motion for temporary restraining order and reply brief . The firings have sparked bipartisan outrage. Coverage in the New York Times, Reporters Committee, Fox News
In collaboration with the ACLU of Michigan, Civil Rights Corps, and Advancement Project, the firm files a Sixth Circuit merits brief defending a preliminary injunction requiring basic safeguards for prisoners at risk of COVID-19. In a previous round of emergency briefing, the firm successfully opposed a stay, which the Sixth Circuit promptly denied.
Firm files brief in Flynn case for House Judiciary Committee members. Law and Crime, CNN.
Gupta argues appeal in Montana Supreme Court over whether a century-old remedial statute for federal workers preempts state bad-faith claims
May 2020:
Firm wins Tenth Circuit appeal for cancer-treatment providers, defeating drug company’s preemption defenses
Firm files preliminary-injunction motion and opposes motion to dismiss in First Amendment challenge on behalf of a plant-based dairy producer targeted for censorship by California’s Milk and Dairy Foods Safety Branch
The Pound Civil Justice Institute‘s 2020 Appellate Advocacy Award recognizes advocacy by Matt Wessler, Jon Taylor, and Jennifer Bennett leading to two recent wins in the U.S. Supreme Court
In California Supreme Court, the firm files a petition for review on employer’s paystub disclosure obligations to prevent wage theft
In a win for the firm in the Fourth Circuit, the en banc court reinstates D.C. and Maryland’s Emoluments Clause suit over Donald Trump’s receipt of payments from foreign and domestic governments. The firm is proud to represent D.C. and Maryland in this historic case
In a win for the firm in the Eighth Circuit, the court affirms a half-million-dollar punitive damages award for fraud against an unscrupulous used-car dealer
April 2020:
On behalf of the Association of Administrative Law Judges, the firm files a constitutional challenge to appointments to a key federal panel that oversees impasses in federal labor relations; brief on the merits and reply
Firm files Seventh Circuit appeal over pay discrimination against reservists who take required military leave, in violation of the Uniformed Services Employment and Reemployment Rights Act.
Firm files Second Circuit reply in challenge to regulation that fails to protect investors, in violation of the Dodd-Frank Act. ThinkAdvisor.
March 2020:
Firm files U.S. Supreme Court merits brief on why manufacturers like Ford Motor Company should not be able to force people injured by their products to travel thousands of miles to get in the courthouse door.
Three former staffers on Michael Bloomberg’s presidential campaign file a nationwide class-action lawsuit alleging that the campaign reneged on its promise to keep them employed for the general-election campaign, instead leaving them without an income or health insurance in the midst of a global pandemic. Politico
State failure-to-warn claims against Monsanto’s pesticide Roundup are not preempted by federal law, the firm explains in a Ninth Circuit brief for the American Association of Justice
February 2020:
Firm wins U.S. Supreme Court victory for employees seeking to hold companies accountable for taking imprudent or undisclosed risks with their retirement savings. In a unanimous opinion in Intel v. Sulyma, argued by Matt Wessler last December, the Court holds that, for purposes of an ERISA limitations period, a plaintiff does not necessarily have “actual knowledge” of information contained in disclosures that she receives.
The firm announces a new San Francisco office, to be headed by Jennifer Bennett, an accomplished Supreme Court and appellate advocate who joins the firm from Public Justice. Neil Sawhney, a former fellow, will be an associate in the new office. Coverage at Bloomberg Law and Law360
In SCOTUSblog symposium, Deepak Gupta discusses Supreme Court showdown over Consumer Bureau’s constitutionality
Firm files a Ninth Circuit brief defending a $102 million verdict on behalf of tens of thousands of workers who successfully sued Walmart over systemic violations of California labor law requiring pay transparency
In an appellate victory for the firm, the First Circuit revives an antitrust class action against Sanofi-Adventis, concluding that the drug company wrongly placed a patent for an insulin injector in the FDA’s “Orange Book,” thereby keeping other companies from developing similar insulin injectors; coverage at Law360; Bloomberg Law
Firm files First Circuit brief on behalf of families of the forty-seven peopled killed in the train derailment and explosion that leveled the town of Lac-Mégantic, Québec
Firm files First Amendment challenge, with Animal Legal Defense Fund, on behalf of Miyoko’s Kitchen, a 100% plant-based foods company targeted for censorship by the State of California’s Milk and Dairy Foods Safety Branch. Coverage in San Francisco Chronicle.
Peter Romer-Friedman, head of the firm’s new civil rights and class action practice, testifies before the U.S. House of Representatives, Education and Labor Committee, Subcommittee on Civil Rights. Bloomberg Law and Law360 featured articles about Peter joining the firm
January 2020:
A group of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives sue the Daily Caller and Regnery Publishing for defamation; reports in The Washington Post, Daily Beast, and CNN
Firm files brief in U.S. Supreme Court on behalf of scholars of financial regulation in support of the constitutionality of the Consumer Financial Protection Bureau; report in Reuters
U.S. Supreme Court grants cert in two personal-jurisdiction cases in which the firm represents the respondents; reports by Reuters and Bloomberg. Deepak Gupta will argue the cases before the Supreme Court this April
December 2019:
November 2019:
Firm files U.S. Supreme Court brief successfully defending $60 million jury verdict in telemarketing class action
Deepak Gupta discusses the Emoluments Clauses with Dahlia Lithwick on Slate’s Amicus podcast
Firm files brief for access-to-justice groups supporting federal government’s authority to limit forced arbitration in nursing home admissions, in response to industry’s lawsuit
Firm files brief in opposition to certiorari in the U.S. Supreme Court, opposing Ford Motor Company’s effort to curtail standards for personal jurisdiction
October 2019:
Firm files U.S. Supreme Court merits brief on the timing of suits by workers seeking to hold employers accountable for taking imprudent risks with their retirement savings
In the Wisconsin Supreme Court, Matt Wessler argues separation-of-powers challenge to the Wisconsin GOP’s power-grab legislation, which stripped the Governor and Attorney General of their powers in a lame-duck session after the 2018 election; report at Courthouse News
Fourth Circuit agrees to en banc rehearing of D.C. and Maryland Emoluments Clause case against Trump; report at Reuters
Firm files brief in opposition to certiorari in the U.S. Supreme Court on behalf of the City of Philadelphia, urging the Court to decline review of Catholic Social Services’ claim that it has a constitutional right to use taxpayer funds to discriminate against same-sex couples as prospective foster parents
Firm files brief on behalf of a coalition of labor unions, highlighting the stories of some of the 700,000 DACA recipients whose lives will be devastated if the Trump Administration revokes their legal status
September 2019:
Firm wins Emoluments Clause appeal against Donald Trump (CREW v. Trump), on behalf of hotel and restaurant competitors of Trump’s businesses. Reports in Washington Post, Wall Street Journal, Reuters, and Bloomberg. Deepak Gupta discussed the decision with Rachel Maddow on MSNBC
Matt Wessler argues major D.C. Circuit appeal on the future of nationwide class actions. Reports by Law360 and Bloomberg Law
Danny Townsend argues Tenth Circuit appeal on power of federal courts to award litigation costs under state law
House Judiciary Committee Chairman Nadler cites testimony of “prominent public interest attorney” Deepak Gupta in markup of Forced Arbitration Injustice Repeal (FAIR) Act
Matt Wessler argues First Circuit appeal at the intersection of antitrust, patent, and drug regulation, challenging an insulin manufacturer’s anticompetitive scheme to maintain monopoly power over the multi-billion dollar insulin market
Firm sues the SEC for issuing a rule that dilutes consumer protections for retail investors and allows brokers to maintain harmful conflicts of interest, in violation of the Dodd-Frank Act
August 2019:
Trump administration can’t unilaterally wipe out California’s century-old labor protections for truck drivers, firm tells Ninth Circuit
On behalf of domestic-violence shelters, the firm briefs a lawsuit challenging the constitutionality of a new West Virginia law that forbids shelters from even from asking about the presence of firearms on their own property
Firm files letter briefs urging California Supreme Court to accept certification from the Ninth Circuit to clarify the standard of liability under California’s meal-and-rest-break laws
Firm’s Supreme Court brief for Everytown debunks the NRA’s false historical claim that individuals have always and invariably been allowed to carry loaded guns in public in England and America
July 2019:
On behalf of Montana and New Jersey, firm prevails in challenge to Trump Administration’s decision to stop collecting donor information from dark-money groups
In Ninth Circuit, firm defends a class-action settlement with Bank of America awarding $1.2 billion dollars in future savings and $70 million in direct monetary relief arising out of extended-overdraft charges
In Eighth Circuit, firm defends a $5.8 million punitive-damages award against a used car dealer that knowingly sold dangerous cars
In a California state appeal, firm defends $2.8 million class-action settlement in wage-and-hour litigation against Diamond Resorts
In Federal Circuit appeal, firm files reply in defense of partial victory in a class action challenging the federal judiciary’s collection of excessive fees for access to online court records (PACER)
June 2019:
In Eighth Circuit appeal, firm defends class certification in lawsuit against Union Pacific for maintaining employment policy that violates the Americans with Disabilities Act. AARP, the Impact Fund, Public Justice, and a coalition of other public-interest organizations file amicus brief in support.
In Fourth Circuit appeal, firm defends $11 million judgment against subprime mortgage lender Quicken Loans for unlawfully skewing the home appraisal process
Firm files lawsuit with Everytown for Gun Safety on behalf of coalition of domestic-violence shelters challenging West Virginia law that requires them to allow guns onto their parking lots and forbids them even from asking questions about guns in their parking lots.
May 2019:
California Public Employees’ Retirement System (CalPERS) and Colorado Public Employees Retirement Association seek intervention to defend shareholders’ right to bring securities-fraud lawsuits, and move to dismiss a suit aimed at encouarging companies to include forced arbitration clauses in their corporate bylaws. Reuters
Firm opposes attempt by class-action objector Ted Frank to obtain Supreme Court review of cy pres award in class-action settlement
In an appeal briefed by the firm, the Fourth Circuit affirms a $61 million class-action verdict arising out of robocalls in violation of the Telephone Consumer Protection Act
Firm files reply on behalf of Montana and New Jersey in challenge to the Trump Administration’s decison to stop collecting contributor information from dark-money groups
Deepak Gupta opposes draft Restatement on Consumer Contracts. Coverage at American Prospect, The Verge, The Record, AmLaw Litigation Daily. Gupta also participated in a panel on the restatement at George Mason’s annual judicial symposium on civil justice
Deepak Gupta to testify before House Judiciary Committee on forced arbitration. Coverage in CityLab, Yahoo, and Law360.
Firm wins Ninth Circuit appeal upholding state and federal protections against abuses by background-screening companies
Deepak Gupta speaks at an event–sponsored by the American Constitution Society and Center for American Progress–on corporate capture and the U.S. Supreme Court
On behalf of Boston and Brookline, the firm opposes U.S. Supreme Court review of a Second Amendment challenge to the town’s public-carry licensing regimes for firearms
April 2019:
On behalf of the Governor of Montana, the firm files a brief in a challenge to the IRS’s decision to stop collecting donor information from dark-money groups
Firm opposes U.S. Supreme Court review on timing of ERISA imprudent-investment claims
March 2019:
Deepak Gupta argues before the U.S. Supreme Court as Court-appointed counsel in support of a judgment left undefended by the Solicitor General.
In a landmark ruling in favor of the firm’s union clients, Wisconsin court strikes down GOP lame-duck legislation on separation-of-powers grounds
Matt Wessler argues unions’ constitutional challenge to laws passed by lame-duck GOP-controlled Wisconsin Legislature to weaken the powers of the incoming Democratic governor and attorney general. Coverage at Courthouse News, Wisconsin Public Radio and WRAL
Firm files appeal in the Nevada Supreme Court to enforce a state law, adopted by ballot initiative, to close the legal loophole that lets people buy guns without background checks
Firm files D.C. Circuit brief on personal jurisdiction over class actions in federal court in the wake of the Supreme Court’s decision in Bristol-Myers Squibb
Firm files Seventh Circuit brief for American Association for Justice on the application of the Supreme Court’s decision in Bristol-Myers Squibb to nationwide class actions in federal court
Firm files U.S. Supreme Court brief for mathematicians and law professors in partisan gerrymandering cases
In a case challenging wealth-based detention in Alabama’s criminal justice system, firm files brief arguing against a county sheriff’s novel sovereign immunity defense
Danny Wilf-Townsend pens op-ed in the Washington Post on forced arbitration and federal privacy policy
Firm files First Circuit brief in an antitrust case seeking to hold a drug company accountable for its anticompetitive scheme to exclude competition from the multi-billion dollar insulin market
February 2019:
Firm files reply in separation-of-powers challenge to Wisconsin’s extraordinary power-grab legislation
In an appellate victory for environmental-justice and social-justice nonprofits, the firm defeats the oil industry’s SLAPP suit arising out of successful litigation over illegal and discriminatory oil-drilling practices in Los Angeles. Fellow Danny Townsend argued the appeal.
January 2019:
Firm files lawsuit and emergency motion on behalf of Wisconsin unions, taxpayers, and a state senator, challenging extraordinary power-grab legislation on state separation-of-powers grounds
Firm files a brief as court-appointed amicus at the invitation of the U.S. Supreme Court on judicial review of social security cases
Jon Taylor debates public carry and the Second Amendment at the Federalist Society and a symposium on Heller‘s 10-year anniversary at UC Hastings
Firm argues Sixth Circuit consumer-protection appeal over high-interest bank payday loans
Deepak Gupta, in residence at Harvard Law School as a Wasserstein Public Interest Fellow, speaks about forced arbitration and practice at private public interest firms
Firm argues before the Ohio Supreme Court on behalf of environmental groups in a challenge to the bailout of FirstEnergy’s power plants by the Ohio Public Utilities Commission
In a lawsuit challenging an Ohio school district’s decision to arm teachers and staff, the firm defeats a critical motion to quash
December 2018:
The firm defends on appeal a $60 million verdict against Dish Network for widespread violations of the federal telemarketing laws; report in Bloomberg Law
The firm files an appellate brief arguing that an online payday lender’s illegal loans are not shielded by tribal sovereign immunity; amicus briefs in support filed by 15 states and the Center for Responsible Lending
On behalf of the District of Columbia and the State of Maryland, the firm opposes President Trump’s request that the Fourth Circuit stay litigation over his violations of the Constitution’s Emoluments Clauses
The firm seeks Supreme Court review on scope of copyright protection for photography in dispute with Nike over a famous photograph of Michael Jordan; reports in Law360 and Reuters
Firm fights Navient’s attempt to subpoena former CFPB student loan watchdog Seth Frotman; reports at The Intercept, National Law Journal, and Law360
Fellow Danny Townsend argues appeal for environmental justice nonprofits defending against oil industry’s SLAPP suit, which arises from the nonprofits’ successful litigation over oil drilling in Los Angeles
November 2018:
U.S. Supreme Court appoints Deepak Gupta to brief and argue in support of a judgment left undefended by the Solicitor General; report in National Law Journal
Firm files appellate brief in defense of Michigan county regulation prohibiting the sale of tobacco products to youth under 21 years of age
In a Ninth Circuit appeal argued by Matt Wessler, firm wins a victory for employees seeking to hold companies accountable for taking imprudent or undisclosed risks with their retirement savings; report at Law360
Rachel Bloomekatz files appellate brief in an Ohio criminal appeal, arguing the unconstitutionality of a fifty-year resentencing of a juvenile nonhomicide offender
D.C. Commission on Arts & Humanities reverses position on censorship restrictions, after the firm works with ACLU and arts community to mount First Amendment objections; reports at Washington Post, Washington City Paper, Art Newspaper
In a First Circuit case argued by Jon Taylor on behalf of the Town of Brookline, the firm defeats a Second Amendment challenge to the town’s implementation of Massachusetts’s public-carry restrictions; reports at Bloomberg and Masslive
In Emoluments Clause challenge brought by the firm’s clients, Maryland and D.C., court denies the President’s request to appeal and stay proceedings and orders discovery schedule; reports in Washington Post, New York Times, CNN
Over a five-judge dissent, firm’s opposition defeats Ninth Circuit rehearing petition on evidentiary standards for class certification; report in Law360
October 2018:
Deepak Gupta argues Second Circuit appeal on standing of hotel and restaurant competitors to challenge Donald Trump’s Emoluments Clause violations; story at Courthouse News and Law360
Matt Wessler argues ERISA statute of limitations appeal in Ninth Circuit
American Association for Justice files comments to Federal Motor Carrier Safety Administration explaining that it lacks authority to entertain the trucking industry’s request to preempt California’s meal and rest break rules
Deepak Gupta speaks at NCLC’s annual Consumer Rights Litigation Conference on the future of consumer rights in the Supreme Court and appellate courts
Deepak Gupta speaks at Berkeley Law
Firm beats online payday lenders tribal-arbitration clause
Firm files U.S. Supreme Court brief for Open Markets Institute on whether Apple is subject to antitrust liability for its monopoly over the market for iPhone apps
September 2018:
Port Authority of New York and New Jersey, the firm’s client, approves a minimum-wage policy for JFK, LaGuardia, and Newark International airports that will bring the wages of thousands of airport workers to $19 an hour by 2023. Press release; New York Times
Firm files U.S. Supreme Court brief on behalf of American Association for Justice in Harry Schein v. Archer and White, a case about the enforcement of delegation clauses in arbitration agreements
Parents sue school district in Ohio, seeking an injunction blocking the district from arming teachers and staff without the training required by law, as well as a court order requiring disclosure of policies and procedures for arming staff. The firm represents the parents in collaboration with Everytown for Gun Safety.
Firm wins Third Circuit appeal: job applicants have standing to sue over employers’ failure to let them review criminal-history background reports. Deepak Gupta argued the appeal, in collaboration with Outten & Golden LLP, Philadelphia Lawyers for Social Equity, the Lawyers’ Committee for Civil Rights, and Public Interest Law Center. Report in Law360
Firm challenges online payday lender’s tribal-arbitration clause
August 2018:
In the too-close-to-call special election in Ohio’s 12th congressional district, Danny O’Connor’s campaign retains Rachel Bloomekatz and the firm to serve as post-election campaign counsel — “a clear sign that they’re ready to fight if there’s an opportunity to close a 1,564-vote deficit to Republican Troy Balderson”
Firm files brief for Everytown, joined by Larry Tribe, explaining why downloadable 3D printed guns are not speech protected by the First Amendment
Firm files D.C. Circuit brief for Open Markets Institute in appeal over AT&T/Time Warner merger
July 2018:
Court rules that the firm’s clients, Maryland and the District of Columbia, have stated a claim under the Constitution’s Emoluments Clauses against President Trump, allowing suit to go forward. Coverage in N.Y. Times, Washington Post
Jon Taylor argues major Second Amendment appeal in defense of public-carry restrictions. Coverage in Reuters
Gupta joins the board of the National Consumer Law Center
Firm files brief for the American Medical Association and ten other groups of medical professionals on the public-health effects of e-cigarettes and cigars
On behalf of Everytown for Gun Safety, firm urges Ohio school board not to arm teachers
June 2018:
Firm represents the Town of Brookline, Massachusetts, defending a Second Amendment challenge to its restrictions on public carry of firearms
Firm successfully opposes the trucking industry’s bid for Supreme Court review of a case seeking to extend federal preemption to employee break laws. Coverage in the Wall Street Journal
May 2018:
Firm defeats an attempt by General Motors and the U.S. Chamber of Commerce to persuade the U.S. Supreme Court to review a decision ordering a damages-only trial in a multimilion-dollar products-liability case. Coverage at Law360
Firm files U.S. Supreme Court brief opposing the trucking industry’s attempt to extend federal preemption to employee break laws
Firm wins Eighth Circuit appeal, rejecting a Missouri city’s immunity defenses in a constitutional challenge to its “pay-to-play” system, in which poor people arrested for minor municipal infractions are placed in jail when they can’t afford to pay fees
In SCOTUSblog, Gupta comments on the Supreme Court’s decision in Epic Systems, which blocks workers from banding together to redress the full range of workplace legal violations — including wage theft, sexual harassment and race and gender discrimination
Firm files appellate brief for environmental justice nonprofits defending oil industry’s SLAPP suit arising out of the nonprofits’ successful litigation over oil drilling in Los Angeles
Jon Taylor argues D.C. Circuit appeal defending class-action ruling that the IRS has illegally charged tax preparers hundreds of millions of dollars
April 2018:
Firm files Second Circuit brief on hotel and restaurant competitors’ standing to sue Trump for violations of Emoluments Clauses
Deepak Gupta argues D.C. Circuit appeal in challenge to Trump’s appointment of Mick Mulvaney as Acting Director of the Consumer Financial Protection Bureau (English v. Trump). Coverage in New York Times, Wall Street Journal, Los Angeles Times, NPR, Bloomberg BNA
Jon Taylor argues Eighth Circuit appeal in constitutional challenge to Missouri city’s “pay-to-play” system, in which people arrested for minor municipal infractions are placed in jail if they can’t afford to pay fees
Rachel Bloomekatz files Pennsylvania Supreme Court brief for 15 public-health groups in support of Philadelphia’s soda tax. Coverage at NPR.
Joshua Matz gives speech on “Legal Resistance to the Trump Administration” at Harvard Law School
March 2018:
In historic ruling, federal court holds that the District of Columbia and State of Maryland, the firm’s clients, have standing to pursue a lawsuit challenging Donald Trump’s violations of the Constitution’s Emoluments Clauses. Background here. Coverage in the Washington Post, New York Times, CNN, NPR
Firm files D.C. Circuit reply in CFPB leadership fight (English v. Trump)
In class action brought by the firm, district court rules that the Judiciary misused PACER fees. Coverage in the National Law Journal of the ruling and oral argument.
Jon Taylor is named to the “2018 Rising Stars of Law 40 under 40” by DCA Live, honoring the “great young legal talent in the Washington region.”
Firm successfully opposes drug company’s bid for U.S. Supreme Court review of standards for admissibility of expert testimony. Coverage in Law360.
Firm files brief for eight national labor unions, presenting the experiences of individual union members who have benefitted from DACA and the real human toll of President Trump’s decision to rescind the program
Firm files D.C. Circuit brief defending a class-action ruling that the IRS has illegally charged hundreds of millions of dollars to tax preparers
February 2018:
Firm wins Third Circuit decision holding that an internet payday lender’s tribal arbitration scheme is unenforceable because it “directs arbitration to an illusory forum. Coverage in Law360.
Firm files U.S. Supreme Court brief for the American Association for Justice on equitable tolling for subsequent class actions (China Agritech v. Resh)
Firm files Ohio Supreme Court brief for the Environmental Defense Fund, Environmental Law and Policy Center, and Ohio Environmental Council in a challenge to the bailout of FirstEnergy’s power plants by the Ohio Public Utilities Commission
Firm files Ninth Circuit reply in wage-and-hour class action on behalf of California truck drivers
January 2018:
In a First Amendment victory for California merchants represented by the firm, the Ninth Circuit strikes down as unconstitutional a statute designed to keep consumers in the dark about the cost of credit cards. Coverage in Law360.
In the legal battle over the leadership of the Consumer Financial Protection Bureau (English v. Trump), the firm files its appellate brief for Leandra English in the D.C. Circuit
December 2017:
In a win for the firm’s clients, the Ninth Circuit rejects the use of forced arbitration in privatized criminal justice. A private debt-collection company that threatens criminal prosecution on official letterhead, the court holds, cannot avoid court through the fine print. The firm’s appeal was supported by several amici curiae, including the national ACLU, Public Justice, the National Consumer Law Center, and several law professors.
Firm wins Second Circuit decision reviving class action against Capital One on bank overdrafts
Firm files Supreme Court brief Open Markets Institute in Ohio v. American Express, explaining why the Court should not adopt a special antitrust rule for “two-sided” markets
November 2017:
Deepak Gupta and the firm profiled by Bloomberg Law
Firm wins Ninth Circuit victory: Court rejects novel debt collector tactic of purchasing consumers’ collection-abuse claims out from under them at auctions on the courthouse steps
Deepak Gupta argues Trump University appeal on November 15 in the Ninth Circuit
Law360 profiles Deepak Gupta and the firm, noting that Gupta Wessler has “staked a name for itself” as a “premier plaintiffs-side appellate firm”
Firm files brief for District of Columbia and State of Maryland in challenge to Donald Trump’s violations of the Constitution’s Emoluments Clauses
On behalf of consumer watchdog Allied Progress, firm files comments to FCC in opposition to Sinclair-Tribune local TV merger
On behalf of the American Farm Bureau Federation and South Dakota Farm Bureau Federation, firm files a brief supporting the Supreme Court’s reconsideration of Commerce Clause jurisprudence requiring an in-state physical presence for sales tax
October 2017:
Firm files Ninth Circuit brief for public-health groups, supporting rehearing of a decision striking down San Francisco’s soda warnings on compelled-speech grounds, and highlighting the decision’s implications for tobacco warnings
U.S. Supreme Court leaves in place Rachel Bloomekatz’s victory in Ohio juvenile justice case. Coverage by AP.
Defending major Ohio Supreme Court juvenile justice victory,
Firm files Third Circuit brief challenging Internet payday lender’s tribal arbitration scheme
Firm files U.S. Supreme Court brief in Christie v. NCAA for Stop Predatory Gambling and a diverse coalition of religious, public-health, and economic-justiec groups from across the political spectrum
Deepak Gupta speaks at Yale Law School
Matt Wessler argues First Circuit appeal over enforceability of arbitration clause in Uber’s terms of service
September 2017:
Daniel Wilf-Townsend joins the firm as 2017-2018 Fellow in Appellate and Constitutional Litigation
Deepak Gupta debates Donald Trump’s Emoluments Clause violations at Harvard Law School
Firm files U.S. Supreme Court brief for Ohio elections officials in opposition to the Ohio Secretary of State’s voter purges
Joshua Matz argues prisoner appeal in Ninth Circuit as appointed counsel
Deepak Gupta argues a Ninth Circuit appeal (supported by the ACLU and consumer groups and scholars) over a private corporation’s attempt to force consumers into arbitration through threats of criminal prosecution
Matt Wessler argues Fourth Circuit appeal in an ERISA class action challenging an employer’s retroactive reduction of millions in retirement benefits
Tenth Circuit revives First Amendment challenge to Wyoming’s “Ag-Gag” law
August 2017:
Joshua Matz joins the firm. Matz is a former law clerk to U.S. Supreme Court Justice Anthony Kennedy, publisher of the Take Care blog, and co-author with Laurence Tribe of Uncertain Justice: the Roberts Court and the Constitution. An article by Marcia Coyle in the The National Law Journal profiles both Joshua and the firm
In an appeal argued by Jon Taylor, the firm wins an Eighth Circuit decision ordering a damages-only trial in a multimillion-dollar products-liability case against General Motors
On behalf of Everytown, firm files brief arguing that the full D.C. Circuit should rehear a decision depriving the government of its power to regulate the public carrying of guns on the streets of Washington, DC
Firm files Eighth Circuit brief in constitutional challenge to “pay-to-play” system in which people arrested for minor municipal infractions are forced to pay a fee to the City of Maplewood, Missouri and are placed in the city’s jail if they can’t afford to pay
Deepak Gupta argues Ninth Circuit appeal, on remand from U.S. Supreme Court victory, in First Amendment challenge to California’s credit-card surcharge statute
Firm seeks seeks summary judgment in class action challenging fees to access federal court records via PACER
Firm files U.S. Supreme Court brief for American Association for Justice on whether corporate employers may use forced arbitration clauses to prevent employees from banding together in court. AAJ’s brief urges the Court to be mindful of the many federal agency regulations that have restricted corporations’ abusive use of forced arbitration against Americans
Firm files opposition to motion to dismiss in CREW v. Trump, challenging Donald Trump’s violations of the Foreign and Domestic Emoluments Clauses. Coverage in The Economist, Hollywood Reporter, and National Law Journal
In Ninth Circuit appeal, Matt Wessler successfully defends $42 million judgment in a class action against an online grocer
July 2017:
Firm files reply in Trump University appeal
Matt Wessler and Deepak Gupta speak on various topics–including the Supreme Court’s latest civil-justice cases and the state of plaintiff-side appellate advocacy–at the American Association for Justice convention in Boston
As the Trump administration walks away from class-action protections in the Fiduciary Rule, the firm files a Fifth Circuit brief for the American Association for Justice; report at BNA
Firm files Supreme Court brief for former antitrust officials in American Express antitrust case
Deepak Gupta, described as “one of the country’s top litigators,” named to the Fastcase 50 –“honoring the law’s smartest, most courageous innovators, techies, visionaries, & leaders”
June 2017:
Firm wins U.S. Supreme Court victory in cross-border shooting case: Justices reject officer’s qualified-immunity defense & remand on availability of damages suit
On behalf of Michigan county, firm opposes preliminary injunction of local regulation prohibiting tobacco sales to 18-t0-21-year-olds
In victory for firm’s lawsuit, court rules that the IRS illegally charged millions of dollars in fees to tax preparers
Deepak Gupta argues Ninth Circuit appeal over novel debt-collection tactic: buying consumers’ collection-abuse claims at auction
Trump files motion to dismiss in CREW’s Emoluments Clause suit; AP
D.C. and Maryland attorneys general sue Trump over emoluments
May 2017:
Firm files reply in support of Supreme Court petition in Chevron-Ecuador case
Defending major Ohio Supreme Court juvenile justice victory, firm files brief opposing U.S. Supreme Court petition
Bipartisan group of members of Congress file Supreme Court brief supporting servicemembers’ rights over forced arbitration; Bloomberg
Public-health groups challenge “one-in-two-out” executive order on deregulation
Rachel Bloomekatz argues Fourth Circuit appeal over $2.5 million punitive damages award under Fair Credit Reporting Act
New York hotel owner joins CREW’s Emoluments Clause lawsuit against Donald Trump; CNN
Deepak Gupta interviewed about Trump’s conflicts of interest by Soledad O’Brien
April 2017:
Rachel Bloomekatz receives American Constitution Society’s Progressive Young Leadership Award
Firm files Ninth Circuit brief on forced arbitration and privatized criminal justice; amicus briefs by ACLU and other groups & scholars
Deepak Gupta speaks at Northern District of California and District of Columbia judicial conferences
March 2017:
In victory for firm’s First Amendment challenge, U.S. Supreme Court holds that New York’s credit-card surcharge law regulates speech; NY Times, Washington Post, Law360
Financial regulation & consumer protection scholars file brief in support of Consumer Bureau’s constitutionality
Firm files Supreme Court petition in Chevron-Ecuador case over $8 billion Ecuadorian pollution judgment
Matt Wessler argues before U.S. Supreme Court in health-insurance preemption case
Jon Taylor argues before Eighth Circuit in appeal from products-liability trial concerning design of GM seat-belt system
On behalf of public health groups, firm files brief in support of Philadelphia’s soda tax
Florida Supreme Court upholds state’s prohibition on open carry of firearms, adopting firm’s historical analysis for Everytown
February 2017:
Deepak Gupta interviewed on Slate’s Amicus podcast
Bloomberg BNA highlights firm’s Supreme Court work
Firm files U.S. Supreme Court reply for family of victim in cross-border shooting by U.S. border guard
Firm files First Circuit brief in appeal challenging Uber’s efforts to force riders into arbitration
Jonathan Taylor speaks at University of Virginia Law School on NFL and concussions
Deepak Gupta speaks at American Association for Justice convention on Supreme Court and regulatory litigation
January 2017:
The National Law Journal profiles Gupta Wessler
Firm joins with constitutional scholars and ethics experts to file lawsuit against Trump over foreign emoluments; NY Times; NPR; CNN; MSNBC; Slate
Firm files FOIA request on Justice Department review of Trump executive orders
Firm wins Ninth Circuit appeal, argued by Jon Taylor, challenging fairness of class-action settlement; Recorder
Court certifies class action challenging PACER fees for access to federal court records; Politico; Law360
Firm files U.S. Supreme Court brief in health-insurance preemption case
Deepak Gupta speaks at Yale Law School
December 2016:
Ohio Supreme Court announces major victory for juvenile justice in case argued by Rachel Bloomekatz, holds functional life sentences for juveniles violate Eighth Amendment
Ninth Circuit upholds waiting period against Second Amendment challenge; concurrence adopts approach urged in firm’s brief for Everytown
Firm files U.S. Supreme Court merits brief for family of unarmed Mexican boy killed in cross-border shooting by U.S. border guard; a wide range of amici file in support (human rights groups, scholars, former border officials and police chiefs)
Non-profits’ lawsuit attacking PACER fees for access to court records is allowed to proceed
Firm briefs ERISA appeal on retroactive reduction of millions in retirement benefits
November 2016:
On behalf of ten consumer and civil rights groups, firm urges full D.C. Circuit rehearing on constitutionality of Consumer Bureau’s structure
Firm files reply in support of U.S. Supreme Court petition in NFL concussion litigation
Wessler interviewed by New York Times on nationwide injunctions
Firm files U.S. Supreme Court merits brief in First Amendment challenge to law that keeps consumers in the dark about swipe fees; a wide range of amici file in support (consumer groups, retailers, scholars)
U.S. Supreme Court grants firm’s third case of the term, involving limits on federal preemption
Gupta speaks on future of access to courts: C-SPAN
Wessler and New Yorker writer McGrath run legal writing workshop
Victims of Flower Branch gas explosion file lawsuits seeking compensation
Firm files brief on behalf of American Association for Justice on new federal rule banning pre-dispute arbitration by nursing homes
October 2016:
U.S. Supreme Court grants firm’s petition in cross-border shooting case, raising fundamental questions about the Constitution’s extraterritorial reach
On behalf of the National League of Cities, U.S. Conference of Mayors, and local-government groups, firm files U.S. Supreme Court brief on cities’ ability to sue under Fair Housing Act /
Youth and environmental-justice groups settle lawsuit challenging oil drilling in Los Angeles
Deepak Gupta elected to the American Law Institute
Firm files cert petition and acquiesces to cert in health-insurance preemption cases
September 2016:
Firm files Supreme Court petition in NFL concussion litigation; New York Times; AP; BNA
Gupta interviewed by BNA on appellate boutique practice
On behalf of Everytown for Gun Safety, firm files brief on “common use” and the Second Amendment; Washington Post
Gupta speaks at Yale Law School on “First Amendment Jurisprudence: What is Speech?”
Wessler speaks at ABA on Article III standing after Spokeo
Firm wins Sixth Circuit victory in appeal involving car dealer’s yo-yo scam
Gupta interviewed by National Law Journal on Supreme Court’s pro-corporate agenda
August 2016:
On behalf of American Association for Justice, firm files brief supporting Labor Department rule on class-action bans in forced arbitration clauses; report in BNA
Firm files Fourth Circuit brief in major Fair Credit Reporting Act class action
Bloomberg and Consumerist report on firm’s Ninth Circuit appeal over novel debt-collection tactic: buying consumers’ collection-abuse claims at auction
In interview, Gupta discusses the “shifting mood” on forced arbitration
Court certifies class in dispute over $200 million in illegal fees
Firm files reply in support of class certification of PACER fees case
Gupta argues Sixth Circuit appeal over car dealer’s “spot delivery” practices
July 2016:
On behalf of Everytown, firm presents historical case for DC’s restrictions on public carrying of guns, and rebuts counterarguments by NRA and its allies
As appointed counsel for the district court, firm files brief on election-day order extending polls in Ohio presidential primary
Firm opposes dismissal of challenge to PACER fees
Firm wins decision denying effort to compel arbitration by private company that rents out prosecutor letterhead
Gupta recaps Supreme Court’s latest class action decisions
June 2016:
In victory over Second Amendment challenge, en banc Ninth Circuit adopts our historical analysis of public-carry laws
In victory for the firm’s netroots clients, D.C. Circuit upholds FCC’s landmark net neutrality rule
Gupta speaks at ACS Supreme Court review
Firm files Supreme Court petition for health plans on causation in drug-fraud cases
Firm weighs in, with Erwin Chemerinsky, on constitutional challenges to “Ag Gag” laws in Idaho and Utah
Firm files brief in Eighth Circuit appeal from products-liability trial concerning design of GM seat-belt system
Firm files brief on standing after Spokeo in case against debt buyer; Bloomberg BNA
Firm releases resources for consumer advocates on Spokeo / Gupta speaks on guns at ACS nat’l convention
Gupta speaks on arbitration at CAP with Sen. Al Franken
May 2016:
Firm files brief on behalf of eight public-health groups in major tobacco preemption case
Rachel Bloomekatz is honored by the Children’s Defense Fund for her appellate work for juvenile justice
Firm files Supreme Court petition in First Amendment challenges to New York and Texas credit-card laws
April 2016:
Gupta speaks to American Law Institute on “Future of Aggregate Litigation” at NYU
Firm defends Maryland’s assault-weapons law before en banc Fourth Circuit
Firm challenges use of forced arbitration in privatized criminal justice
Firm files Ninth Circuit petition on application of Supreme Court’s Tyson Foods decision to California wage-and-hour class actions
Firm files D.C. Circuit brief focusing on consumer benefits of the EPA’s Clean Power Plan to combat climate change
Firm opposes oil industry’s attempt to intervene in environmental-justice challenge to oil drilling in Los Angeles
March 2016:
Citing “strong presentation from top flight counsel,” Ohio court rules for plaintiffs in voting-rights suit, clearing the way for 17-year-olds to vote in the presidential primary; coverage at AP, Reuters, Bloomberg Politics, Columbus Dispatch, Washington Post
Rachel Bloomekatz files suit in Ohio, seeking to secure the rights of eligible 17-year-olds to vote in presidential primary; coverage at AP, Reuters, 10TV Columbus
Firm wins Alaska Supreme Court case, argued by Jon Taylor, on collection practices of foreclosure mills
Firm files Supreme Court brief for national consumer groups on reach of Fair Debt Collection Practices Act
February 2016:
Firm files brief urging rehearing of decision on constitutionality of Maryland’s assault-weapons law
ABA Journal features firm’s First Amendment work
ACS publishes issue brief on forced arbitration and inequality by Gupta and former summer associate Lina Khan; publication coincides with speech by Consumer Bureau Director Cordray citing firm’s recent Fourth Circuit victory
Firm wins Fourth Circuit opinion declaring tribal arbitration scheme “unenforceable”; coverage by Noah Feldman at Bloomberg View; Bloomberg BNA
Gupta presents oral argument in defense of D.C.’s firearms restrictions against Second Amendment challenge
In Florida Supreme Court, firm files brief defending state’s gun laws
January 2016:
Jon Taylor argues Ninth Circuit appeal over a novel jurisdictional issue in class actions
Firm files brief in appeal over California anti-SLAPP law’s public-interest exception
In brief for Everytown for Gun Safety, firm mounts historical defense of DC’s public-carry restrictions
Firm successfully defeats Supreme Court petition seeking litigation immunity for debt collectors / Firm successfully challenges nationwide settlement with internet payday lender CashCall
December 2015:
Gupta testifies opposite Newt Gingrich on CFPB data collection in U.S. House of Representatives
Wessler represents intervenors at hearing in South Dakota on nationwide settlement with internet payday lender
Gupta argues major commercial-speech challenge to Texas law in Fifth Circuit
Wessler argues Fourth Circuit appeal challenging internet lender’s “tribal arbitration” scheme
Firm files Ninth Circuit brief in First Amendment challenge to California credit-card law
Firm files reply in case challenging auto dealer’s “yo-yo” scam
November 2015:
On behalf of youth groups, firm files environmental-justice challenge to oil drilling in Los Angeles neighborhoods; press release; L.A. Times; Reuters; Grist
Firm files brief for Governor of Montana in Supreme Court case on fate of public-sector unions
U.S. Supreme Court orders Solicitor General to respond to firm’s petition on behalf of Mexican teenager slain by border guard
Firm’s latest filing alerts Second Circuit to extraordinary new developments in the Chevron-Ecuador case; Wall Street Journal, VICE, and Courthouse News
Gupta previews Supreme Court’s argument on workers’ rights class action
Firm files Supreme Court brief on debt collectors and litigation immunity
October 2015:
Gupta quoted in front-page New York Times story on rise of forced arbitration
Gupta speaks at ABA’s National Institute on Class Actions in New Orleans
Firm files reply challenging internet lender’s “tribal arbitration” scheme
Gupta speaks at Yale Law School conference on law & inequality
In NFL concussion litigation, firm files reply for former players challenging global settlement
Firm files Supreme Court reply in cross-border shooting case
Firm files brief on extraterritorial reach of human trafficking laws in case of executed Nepali workers lured to work in Iraq
September 2015:
Firm files brief surveying seven centuries of gun laws in defense of DC’s public-carry law
Firm argues that Supreme Court should dismiss major class-action case
Gupta previews Supreme Court’s class-action cases for Bloomberg
Firm files brief on relationship between firearms regulation and technological change
Firm files Supreme Court brief in whistleblower suit over defense-contractor fraud in Iraq
Canadian Supreme Court unanimously rules Ecuadorian victims may seek to enforce pollution judgment against Chevron
Gupta testifies on Dodd-Frank Act in U.S. House of Representatives
Firm files appeal on auto dealer “yo-yo” scam
Netroots groups support FCC’s net neutrality rule
Groups sue to overturn Wyoming’s new data censorship laws
August 2015:
On behalf of former NFL players, firm challenges proposed global settlement of claims that the NFL hid the risk of concussions
Firm files reply on appeal in First Amendment challenge to Texas surcharge law
Court strikes down Idaho “ag-gag” law, adopting arguments in firm’s brief for constitutional scholar Erwin Chemerinsky
July 2015:
Firm seeks Supreme Court review in cross-border shooting of unarmed Mexican teen by U.S. border patrol agent
Bloomberg profiles the firm as an “Appellate Boutique Going to Bat for the Little Guy”
Firm files letter to Tenth Circuit, arguing against deference to agency interpretations of preemption clauses
Gupta testifies before U.S. Senate Judiciary Committee on constitutionality of Dodd-Frank and Consumer Bureau
Wessler speaks on consumer class actions in Chicago
Firm announces that prominent public interest litigator Matt Wessler has joined as a named principal; report in Law360
Firm wins a Third Circuit appeal on burdens of proof under Fair Debt Collection Practices Act
Firm announces opening for a one-year litigation fellowship starting in fall 2016
Wessler speaks on appellate advocacy at American Association for Justice in Montreal
June 2015:
Justice Kennedy’s surprise opinion upholding Fair Housing Act disparate-impact liability adopts historical analysis in firm’s brief
Firm defeats Supreme Court petition on consumer arbitration
Gupta argues major commercial speech case before Eleventh Circuit; article in Daily Report
Firm challenges internet lender’s “tribal arbitration” scheme
En banc Ninth Circuit hears argument in key Second Amendment appeal
Gupta speaks on appellate advocacy at PLI seminar in New York
May 2015:
Firm wins Supreme Court victory for workers’ rights, defeating trucking industry’s attempt to preempt century-old workplace protections
Firm files brief to the en banc Ninth Circuit, tracing gun regulation from 1300s England to the O.K. Corral
Firm defeats petition, filed by Paul Clement, on ascertainability doctrine
Firm files brief in Chevron-Ecuador appeal on implications of international treaty arbitration
Firm files brief for scholars supporting Financial Stability Oversight Council’s too-big-to-fail authority under Dodd-Frank
April 2015:
Gupta argues opposite Ted Olson in Chevron-Ecuador case in defense of an $8.6 billion environmental judgment arising out of decades of oil pollution in the Amazon rainforest
Firm files brief on behalf of Everytown for Gun Safety in Second Amendment challenge to California’s waiting period on firearms
Gupta speaks on plaintiff-side appellate advocacy at Yale Law School and participates in roundtable on consumer arbitration
Gupta debates Andy Pincus on Article III standing at PLI in New York
March 2015:
Firm wins major victory in First Amendment challenge to California’s credit-card surcharge law
Gupta quoted in front page New York Times article on how mandatory arbitration harms military servicemembers
Gupta argues major First Amendment commercial speech case before Second Circuit
Gupta speaks on appellate advocacy at consumer law conference
Conti-Brown testifies before Senate Banking Committee on Fed reform proposals
Conti-Brown debates Philadelphia Fed president at Brookings on Reserve Banks’ role in monetary policy
February 2015:
Gupta argues Ninth Circuit appeal over constitutionality of California’s regulation of background-screening companies
Firm files U.S. Supreme Court amicus brief for professors of bankruptcy law
Firm files Fourth Circuit brief on mortgage lender’s “use” of credit scores under Fair Credit Reporting Act
Gupta argues Eleventh Circuit appeal on “prior express consent” under the Telephone Consumer Protection Act
January 2015:
Firm wins victory for Internet free speech: South Dakota court rejects bid by First Premier Bank for a gag order against the firm’s client, credit-card-comparison site Cardhub.com; report in the Wall Street Journal
U.S. Supreme Court hears arguments in Texas fair housing case, in which the firm represents Members of Congress; Gupta interviewed by Mother Jones
Firm defeats Fourth Circuit petition on Article III standing and wilfulness under Fair Credit Reporting Act
Firm weighs in, with constitutional scholar Erwin Chemerinsky, on free speech and equal protection challenge to Idaho’s “Ag Gag” law
December 2014:
Gupta interviewed in Angeion’s “Leading Litigator” series
Firm files reply in case against Major League Baseball over Fair Labor Standards Act coverage
Firm files Supreme Court brief for Members of Congress in Texas housing case
Firm files appellate brief in constitutional challenge to Florida surcharge law, supported by national consumer groups and major retailers
Firm files Fourth Circuit brief on mortgage lender’s “use” of credit scores under Fair Credit Reporting Act / Firm files a class action against debt collectors that rent out prosecutor letterhead — the subject of a recent ABA ethics opinion and report in L.A. Times
Firm wins First Amendment case against the Florida Bar
November 2014:
Gupta appears in Lost in the Fine Print, a new short film on the effects of forced arbitration
Firm files Second Circuit reply in Chevron v. Donziger appeal over $8 billion Ecuadorian pollution judgment
Deepak Gupta and Brian Wolfman present plenary session on appellate advocacy at National Consumer Rights Litigation Conference
Firm files brief in First Amendment challenge to California credit-card surcharge law
October 2014: Firm wins class-action judgment of $56 million for federal bankruptcy judges
Gupta argues First Amendment defense of Cardhub.com against First Premier Bank’s trademark suit in South Dakota
Gupta argues constitutional challenge to Texas credit-card surcharge law
September 2014:
Rolling Stone reports on Chevron’s attempts to evade responsibility for oil pollution in Ecuador
Firm successfully defeats Experian’s Fourth Circuit petition for interlocutory review of class certification order, raising Article III standing issues
Gupta argues Ninth Circuit wage-and-hour case for Deloitte & Touche audit employees; report at Law360
Firm defends jury verdict in Third Circuit appeal over burden-shifting under FDCPA
Brian Wolfman, of counsel to the firm, joins Stanford’s Supreme Court Litigation Clinic
CBS News reports on the firm’s First Amendment defense of Cardhub.com against First Premier Bank’s trademark suit
August 2014:
Firm wins Fourth Circuit appeal on abusive collection practices
Gupta speaks on plaintiff-side appellate advocacy to the Inner Circle of Advocates
Firm files U.S. Supreme Court brief opposing Spokeo’s petition on Article III standing in statutory-damages class actions
Firm files Second Circuit brief arguing that Major League Baseball is not exempt from the Fair Labor Standards Act
Firm mounts First Amendment defense of CardHub credit-card-comparison website against trademark infringement suit by First Premier Bank
Firm seeks summary judgment in First Amendment challenge to California’s no-surcharge law
July 2014:
Firm wins major Ninth Circuit preemption victory, reversing a string of decisions finding California labor law preempted by federal transportation deregulation; report at San Francisco Chronicle
Firm files a motion for preliminary injunction in First Amendment challenge to Texas no-surcharge law
Gupta interviewed by SCOTUSblog on Noel Canning‘s political consequences
Gupta speaks on plaintiff-side appellate advocacy and other topics at the American Association for Justice annual convention in Baltimore
Firm files a class action against Bounceback, Inc. a for-profit debt collector that rents out the seal and letterhead of local prosecutors to collect debts through threats of criminal prosecution
June 2014:
Firm files Second Circuit brief defending our victory in constitutional challenge to New York’s credit-card surcharge law, and summary-judgment briefing in parallel constitutional challenge in Florida
Gupta speaks at 10th annual class actions conference in Seattle
May 2014:
Gupta speaks on “seeking and opposing discretionary review” at 2014 Appellate Advocacy Institute in New York
Firm files Eleventh Circuit brief on federal telemarketing law’s “prior express consent” requirement
Four judges on the Third Circuit dissent in response to the firm’s rehearing petition in Carrera v. Bayer, concerning the “ascertainability” requirement for class certification
April 2014:
Firm files Second Circuit brief for former Congressman Patrick Kennedy on intent of the Mental Health Parity and Addiction Equity Act
Gupta speaks at Georgetown Law symposium on “Making the Fine Print Fair”; report at Philadelphia Inquirer
Conti-Brown pens Politico article on “The Constitutional Crisis at the Fed”
Gupta argues Fourth Circuit consumer rights appeal in Charleston, South Carolina
Gupta speaks on mass claims in arbitration to the American Society for International Law & Institute for Transnational Arbitration in Washington, DC
Firm opposes Chevron’s $32 Million attorneys’ fees motion in Chevron v. Donziger
Gupta co-chairs Annual Consumer Financial Services Institute in New York and Chicago
March 2014:
Firm represents Nobel laureate Joseph Stiglitz in Argentina bonds case in U.S. Supreme Court; Bloomberg
Firm associate Jon Taylor argues major consumer-rights appeal before the Alaska Supreme Court
Firm defeats banking industry’s petition for U.S. Supreme Court review of Article III standing in statutory-damages cases
Firm defeats billionaire’s U.S. Supreme Court plea to review personal liability in wage-and-hour class action
Firm files three simultaneous First Amendment challenges to the credit-card surcharge laws of Florida, Texas, and California; report at Bloomberg News; press release
Firm wins Eleventh Circuit appeal: Telephone Consumer Protection Act requires personal consent to receive cell-phone calls and allows consent to be revoked orally
Gupta argues Ninth Circuit appeal on federal preemption of state labor law; report in Daily Journal
February 2014:
The firm files a brief asking the U.S. Supreme Court to reject a New York billionaire’s plea to review a decision holding him personally liable as an employer for millions of dollars in wage-and-hour violations
The firm files a brief arguing that the U.S. Supreme Court shouldn’t take up the question of Article III standing in statutory damages cases
The firm files a petition in the U.S. Supreme Court concerning the extent to which life insurers act as ERISA fiduciaries when they send beneficiaries “checkbooks” instead of lump-sum payments
The firm files a brief in the Eleventh Circuit arguing that damages for violations of bankruptcy’s automatic stay belong to the individual injured rather than the estate
January 2014:
Firm wins appellate victory in Fourth Circuit: Federal law requires debt collectors to give consumers the right to oral disputes
Firm files Ninth Circuit brief in Cabral v. Supple, concerning consumer fraud class actions, the placebo effect, and behavioral economics; amicus briefs filed by AARP, Center for Science in the Public Interest and Consumer Attorneys of California
December 2013:
Firm files First Amendment challenge to Florida’s restrictions on lawyer websites & social media; report at Bloomberg BNA
Conti-Brown speaks on Federal Reserve Board at GWU symposium
Firm files Eleventh Circuit brief on Telephone Consumer Protection Act’s “express consent” requirement
Firm files U.S. Supreme Court petition on timing of Truth in Lending Act suits
November 2013:
Gupta speaks on plaintiff-side appellate advocacy at Yale Law School
Gupta debates U.S. Senator David Vitter in New Orleans
Firm wins appellate victory in Second Circuit attorneys’ fees appeal
Gupta speaks on Supreme Court cases at NLJ Regulatory Summit
Rubin, Wolfman and Gupta speak on various topics at the National Consumer Rights Litigation Conference
Conti-Brown delivers lecture on the Federal Reserve at the U.S. Treasury
Arkush publishes essay on recess appointments in Harvard Law Review forum
October 2013:
Firm represents Members of Congress before the U.S. Supreme Court in major civil rights case
Gupta argues appeal on consumer collection dispute rights before the Fourth Circuit
Firm files brief urging U.S. Supreme Court to reject online payday lender’s request to review Montana arbitration ruling
Gupta speaks at ABA conference on consumer finance in Baltimore
Gupta speaks on the U.S. Supreme Court at the 9th Annual Class Actions Conference
September 2013:
Gupta to deliver lecture in Chicago sponsored by the Institute for Consumer Antitrust Studies: “Will Class Actions Survive the Roberts Court?”
Firm files Third Circuit rehearing petition seeking en banc review of a controversial decision on “ascertainability” in consumer products class actions
Firm files Ninth Circuit brief defending the constitutionality of California’s law regulating background-screening companies
Firm wins summary judgment in class action on behalf of federal bankruptcy judges in judicial-pay litigation
August 2013:
Firm wins significant appellate victory on constitutional standing in statutory-damages cases; Eighth Circuit reverses dismissal of two consumer class actions
The firm successfully opposes a major class certification appeal in the Eleventh Circuit
The firm welcomes our newest lawyer, Peter Conti-Brown, who joins us from a clerkship on the D.C. Circuit
Gupta to speak on U.S. Supreme Court’s term in review at the American Bar Association annual meeting in San Francisco
July 2013:
In major appellate victory for the firm, the Second Circuit holds a New York billionaire personally liable to his workers for $3.5 Million in wage-and-hour violations committed by his company
Gupta to speak on the U.S. Supreme Court’s recent civil rights and arbitration cases at American Association for Justice’s annual meeting in San Francisco
The firm’s brief to the Alaska Supreme Court argues that foreclosure mills are covered by federal consumer protections
Firm files Eleventh Circuit brief on federal telemarketing law’s consent requirement
June 2013:
U.S. Supreme Court decides American Express v. Italian Colors, in which the firm served as counsel for respondents; Gupta quoted in Reuters, Bloomberg, Wall Street Journal
Gupta speaks at Federalist Society’s “Executive Branch Review” conference; report at Legal Times
May 2013:
Gupta argues before the Eighth Circuit in Omaha over whether consumers have Article III standing to seek statutory damages for notice violations
U.S. Supreme Court denies certiorari in Zinni v. Convergent Outsourcing, in which firm filed the successful brief in opposition for the respondent
April 2013:
Gupta quoted on NPR’s Marketplace and Talking Points Memo discussing the impact on the CFPB of the constitutional controversy over President Obama’s recess appointments
Firm files supplemental U.S. Supreme Court brief on impact of Genesis Healthcare v. Symczyk
Gupta speaks at 46th Pacific Coast Labor & Employment Conference in Seattle
Firm files Fourth Circuit brief in Fair Debt Collection Practices Act appeal
Firm files Second Circuit brief in fees appeal
Gupta co-chairs 18th Annual Consumer Financial Services Institute in New York
Gupta speaks on civil rights and lending at the American Bar Association
Firm files reply in the Ninth Circuit in Brady v. Deloitte, a wage-and-hour class action appeal
March 2013:
Firm files brief in opposition in the U.S. Supreme Court in Zinni v. Convergent, concerning whether unaccepted settlement offers deprive courts of Article III jurisdiction
Gupta debates former White House Counsel C. Boyden Gray over the new consumer bureau’s constitutionality at Georgetown Law
Gupta speaks on Supreme Court and discretionary appellate review at PLI Appellate Advocacy 2013, New York
Firm files comments in the Tennessee Supreme Court on behalf of the Tennessee First Amendment Society, raising constitutional objections to proposed commercial speech restrictions
February 2013:
Gupta argues before the U.S. Supreme Court in McBurney v. Young, a constitutional challenge to Virginia’s citizens-only public records law: transcript, audio, Washington Post recap
U.S. Supreme Court hears arguments in Amex v. Italian Colors, a case concerning the arbitration of complex antitrust disputes, in which the firm represents the respondents
March 2023:
In the Texas Supreme Court, Neil Sawhney argues that, when a company sells a battery in Texas that explodes and injures a Texas resident, the Texas courts may hear his suit–despite the company’s claim to serve only one segment of the “market.”
In the Washington Court of Appeals, Deepak Gupta argues in defense of a $185 million verdict against Monsanto over toxic PCB exposure.
In the the Eighth Circuit, the firm successfully defends a $20 million verdict on behalf of four women who were sexually assaulted by a prison guard while incarcerated in Missouri.
In the U.S. House of Representatives, Jonathan Taylor testifies on the need to end forced arbitration of servicemembers’ claims under the Uniformed Services Employment and Reemployment Rights Act; read his written testimony here.
In the U.S. Senate Judiciary Committee, Jennifer Bennett testifies on platform accountability and Section 230, explaining why her victory in Henderson v. Source for Public Data may provide a consensus framework; read her written testimony here.
February 2023:
David Lat features Gupta Wessler as “law firm of the week” in Original Jurisdiction: “I’m unaware of any Biglaw firm that has been having as good a week as Gupta Wessler, the high-powered, progressive boutique known for handling appellate, constitutional, and other complex litigation matters. In a little more than a week, the 15-lawyer firm won five precedential victories—in the Third, Fourth, Sixth, Ninth, and Eleventh Circuits—for ”military servicemembers, cancer victims, consumer borrowers, and cheated students.” Congratulations to the firm, which now has offices in San Francisco and Boston as well as its founding city of D.C., on all the big wins. (And congrats also on the aforementioned approval by the Senate Judiciary Committee of Sixth Circuit nominee Rachel Bloomekatz, a former Gupta Wessler principal.)”
In the Sixth Circuit, working with the National Student Legal Defense Network, the firm wins a ruling rejecting an attempt by executives of a predatory for-profit school to use a settlement with a court-appointed receiver to bar students’ claims.
In the Ninth Circuit, the firm wins a landmark ruling for military servicemembers in a class action challenging pay discrimination against employees who take required short-term military leave
In the Eleventh Circuit, the firm obtains a favorable ruling (and reversal) holding that a consumer has Article III standing to sue over the failure to provide disclosures that were necessary for him to understand the true cost of a loan
January 2023:
In a major victory for plaintiffs–including the firm’s mesothelioma-victim clients–the Third Circuit rejects Johnson & Johnson’s controversial use of a “Texas two-step” bankruptcy to avoid billions of dollars in tort claims over its talc products. Read our opening brief and reply. Reports in the New York Times, CNN, Wall Street Journal, NPR, and Reuters; in-depth report in The New Yorker
In a win for the firm’s clients, the Fourth Circuit allows borrowers to bring RICO suit against tribe-linked online payday lender. Coverage at Law360, Bloomberg.
In case on Apple iPhones, the firm seeks U.S. Supreme Court review of Ninth Circuit’s ruling on federal agencies’ power to preempt state law. Coverage in Bloomberg
In a U.S. Supreme Court win for the firm’s clients, firm defeats effort to review the reach of the antitrust laws’ labor exemption for independent contractors. Coverage at Law360; in-depth coverage at The New Republic.
December 2022:
In a major appellate win for the firm and its clients, Sixth Circuit upholds $40 million verdict against DuPont for discharging vast quantities of a carcinogenic “forever” chemical into the Ohio River, landfills, and the air surrounding its West Virginia plant. The decision has important implications for collateral estoppel in MDL cases. Coverage in Bloomberg Law and Law360
On behalf of Puerto Rican horse jockeys, firm opposes U.S. Supreme Court review of whether the antitrust laws’ labor exemption protects collective action by independent contractors
Firm seeks U.S. Supreme Court review on National Bank Act preemption of state escrow-interest laws designed to protect home mortgage borrowers
On behalf of environmental groups, Jennifer Bennett presents argument to the Ninth Circuit, sitting en banc, in a dispute over the Trump administration’s decision to allow a road through a national wildlife refuge in Alaska
November 2022:
On behalf of the family of a St. Louis man killed by police, firm asks U.S. Supreme Court to decide whether the Constitution permits officers to put a handcuffed and shackled person face-down on the floor and push on his back for 15 minutes until he suffocates to death
Firm wins Fourth Circuit appeal rejecting Section 230 immunity for credit-reporting agencies, with amicus support from FTC and CFPB
October 2022:
Firm announces a historic nationwide class-action settlement with the federal judiciary over PACER fees. After more than six years of hard-fought litigation, the plaintiffs have secured a settlement under which the government must create a common fund of $125 million and reimburse the vast majority of PACER users in full— 100 cents on the dollar—for past PACER charges. The settlement follows our partial win on appeal in the Federal Circuit. Read coverage of the settlement in the Washington Post, Politico, Reuters, The National Law Journal, and Bloomberg
In the D.C. Court of Appeals, firm files its appellate brief in a defamation lawsuit against the Daily Caller, Salem Media, and Luke Rosiak seeking accountability for their multi-year xenophobic campaign to smear the Awans, a family of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives
In the Fourth Circuit, Jennifer Bennett argues an appeal over the scope of Military Lending Act protections for servicemembers, with amicus support from the Pentagon, DOJ, and CFPB
In the Fourth Circuit, Matt Wessler argues an appeal defending certification of a class action against online tribal payday lenders
In the Ninth Circuit, on behalf of Alaska Airlines’ pilots, Jon Taylor argues an appeal challenging discrimination against military reservists who take required short-term military leave. Coverage at Law360
In the North Carolina Supreme Court, the firm seeks review of an appellate decision allowing German and French helicopter manufacturers to escape accountability in North Carolina courts for a helicopter that was sold in North Carolina and that killed four North Carolinians in North Carolina. Coverage at Law360
In the Ninth Circuit, Jennifer Bennett argues in support of a $17 million jury verdict finding that GEO–a private company that runs immigrant-detention centers for profit–violated Washington state minimum-wage law by paying detainee workers $1 a day. Coverage at Reuters
September 2022:
In the Third Circuit, the firm represents a committee of mesothelioma victims challenging Johnson & Johnson’s controversial use of a “Texas two-step” bankruptcy to avoid billions of dollars in tort claims over its talc products; opening brief and reply; in-depth report in The New Yorker
On remand from the U.S. Supreme Court on Article III standing in light of TransUnion v. Ramirez, Deepak Gupta argues a Fourth Circuit appeal over an $11 million judgment against Quicken Loans for biased home appraisals
In the Montana Supreme Court, the firm defends a $16 million child abuse verdict
Peter Romer-Friedman speaks at a joint EEOC and U.S. Department of Labor roundtable on the civil-rights implications of corporations’ use of automated technology, including artificial intelligence, to recruit and hire workers
August 2022:
In Nevada state court, the firm defeats legal challenges to a $200 million jury verdict against Sierra Health and Life for wrongful denial of coverage for medically necessary cancer treatment
Firm alum Daniel Wilf-Townsend joins Georgetown Law as Associate Professor of Law, teaching civil procedure and consumer protection. Citing his time at Gupta Wessler, Wilf-Townsend says: “I hope, as a teacher, to transmit some of the enthusiasm I have around the issues that I found as a litigator.”
July 2022:
On appeal in the Washington state court, the firm defends a $185 million jury verdict against Monsanto for its decades-long campaign to sell toxic PCBs while concealing their harmful effects from the public
Deepak Gupta is awarded the National Civil Justice Institute’s 2022 Appellate Advocacy Award, which “recognizes excellence in appellate advocacy in America,” for his advocacy before the U.S. Supreme Court in Ford Motor Co. v. Montana Eighth Judicial District Court. Following “three decades” of personal-jurisdiction decisions that had “made it increasingly harder for plaintiffs to hold wrongdoers accountable in court, Ford “represents a stunning break in the Court’s long-running trend.”
Reuters interviews Jennifer Bennett for its series on “Winning Strategies: How I won at the Supreme Court”
June 2022:
Firm wins a unanimous U.S. Supreme Court ruling for workers over forced arbitration. Slate cited the case as one where “good lawyering” made the difference: “Jennifer Bennett, who represented Saxon, deployed her seemingly encyclopedic knowledge of interstate labor in 1920s America to shred each layer of Southwest’s reasoning.”
President Biden nominates former Gupta Wessler principal Rachel Bloomekatz to be a circuit judge on the U.S. Court of Appeals for the Sixth Circuit
Ninth Circuit grants the firm’s petition for rehearing en banc on the enforceability of online payday lenders’ “tribal arbitration” clauses, which had previously been struck down by ten separate panels from five circuits, all unanimous, and dozens of district courts
Firm seeks U.S. Supreme Court review to resolve circuit split over whether ERISA preempts a post-distribution state-law right to seek insurance proceeds
May 2022:
Firm persuades U.S. Supreme Court to let stand an appellate ruling that revived nearly 6,000 lawsuits over 3M’s Bair Hugger surgical warming device, clearing the way for trials to resume this fall. Coverage by Reuters and Bloomberg Law
Jennifer Bennett argues Fourth Circuit appeal opposing Section 230 immunity for credit-reporting agencies, with amicus support from FTC and CFPB
Firm files North Carolina Supreme Court appeal urging application of the U.S. Supreme Court’s recent Ford personal-jurisdiction precedent to LG Chem’s marketing and distribution of exploding lithium batteries
On appeal in the Ninth Circuit, the firm defends a $17 million jury verdict finding that a private company operating an immigration detention facility violated state minimum-wage law by paying $1 a day to immigrant workers detained at the facility
On behalf of wrongly convicted torture victim James Gibson, the firm asks court to recognize the Chicago Police Department’s well documented practice of torturing Black suspects in the 1980s, with amicus support from local business and civic leaders
April 2022:
Firm successfully opposes U.S. Supreme Court petition on standards for admitting scientific expert testimony. Coverage from Reuters and Law360.
Firm wins Ninth Circuit ruling that users’ mere use of a website does not indicate manifestation of assent to an arbitration clause in the website’s terms and conditions
Firm files Second Circuit appeal opposing liability shield for sloppy credit reports, supported by CFPB and FTC amicus brief
Jennifer Bennett speaks at Yale Law School on progressive textualism and the Supreme Court
March 2022:
Jon Taylor argues Second Circuit appeal on preemption of state consumer protection law under Dodd-Frank
Firm files Ninth Circuit brief arguing that employers may not discriminate against military reservists who take required short-term military leave
Deepak Gupta signs letter from U.S. Supreme Court practitioners urging permanent livestreaming of argument audio
Firm files U.S. Supreme Court brief in Viking River v. Moriana, arguing against implied preemption under the Federal Arbitration Claim of remedies under California’s Public Attorney General Act
February 2022:
Firm wins Federal Circuit appeal in First Amendment challenge to federal trademark statute
January 2022:
Firm wins Ninth Circuit appeal giving consumers a right to a day in court on lemon-law claims, rejecting car companies’ attempts to enforce dealers’ arbitration clauses; report at Reuters
Pentagon, DOJ, and CFPB announce joint amicus brief in support of the firm’s appeal to protect military servicemembers from predatory lending
Firm defeats railroad industry’s bid for Supreme Court review of preemption defense to bad-faith suits
Firm files U.S. Supreme Court brief in Morgan v. Sundance, arguing against the judge-made “liberal policy favoring arbitration”
December 2021:
Firm wins Tenth Circuit victory applying the Supreme Court’s Ford personal-jurisdiction decision to the telemarketing context; reports at Bloomberg Law and National Law Journal
Firm defeats anti-SLAPP motions to dismiss, on behalf of a family of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives, in their lawsuit against the Daily Caller, Luke Rosiak, and Salem Media for their multi-year xenophobic defamation campaign. Read the firm’s brief here.
Deepak Gupta argues Ninth Circuit appeal over Volkswagen’s historic “clean diesel” fraud
Matt Wessler argues Ninth Circuit appeal on federal preemption of cell-phone radiation suits
Firm defeats predatory auto lender’s bid for Supreme Court review on arbitration of “public injunction” claims
Firm opposes predatory mortgage lender’s plea for Supreme Court review on consumers’ standing to sue over biased appraisals
Firm opposes Supreme Court review of railroad’s preemption defense to bad-faith suits
Supreme Court grants review in the firm’s case on whether workers who load and unload interstate air cargo are exempt from forced arbitration; Jennifer Bennett will present oral argument in the case this term
Firm files Fourth Circuit appeal over standing to challenge digital discrimination on Facebook
D.C.’s Attorney General, Consumer Reports, Public Knowledge and Upturn support firm’s lawsuit on behalf of Muslim Advocates, arguing that Facebook can be held accountable for misleading consumers and Congress over its content-moderation polices
The New Yorker highlights an amicus brief filed by the firm in support of the Department of Education’s Gainful Employment Rule
November 2021:
Firm files amicus brief–in support of OSHA’s vaccinate-or-test standard–on behalf of American Public Health Association, Association of Schools and Programs of Public Health, Public Health and Health Care Organizations, 30 Deans of Leading Academic Programs, and 104 Leading Public Health and Health Policy Scholars
Firm wins Fourth Circuit victory over online tribal payday lending, defeating lenders’ efforts to enforce sham tribal arbitration agreements and invoke tribal sovereign immunity
In its lawsuit challenging Facebook’s misrepresentations about its content-moderation policies, the firm files briefs opposing Facebook’s motion to dismiss and anti-SLAPP motion
Firm opposes Supreme Court review on waiver of California public-injunction claims
Firm opposes Supreme Court review of decision holding that workers who load and unload interstate cargo are exempt from forced arbitration
Firm petitions Ninth Circuit for rehearing en banc on the enforceability of online payday lenders’ “tribal arbitration” clauses, which had previously been struck down by ten separate panels from five circuits, all unanimous, and dozens of district courts
Jon Taylor argues Federal Circuit appeal in First Amendment challenge to trademark statute
October 2021:
In U.S. Supreme Court, firm successfully defeats attempt by class-action objector Ted Frank to impose a new “lodestar cross-check” requirement on percentage-based fees in class-action settlements
In appeal over debt collectors’ “pay-to-pay” fees, firm files Ninth Circuit brief, with amicus support from CFPB
In appeal over Section 230 immunity for credit-reporting agencies, firm files brief, with amicus support from FTC and CFPB
Firm files Ninth Circuit brief on retroactivity of federal agency preemption of California worker break laws
September 2021:
Deepak Gupta is appointed to the Administrative Conference of the United States as a public member
On behalf of Everytown for Gun Safety, the firm files a Supreme Court brief championing an originalist case for public-carry laws based on seven centuries of Anglo-American history
Firm files Sixth Circuit brief on whether Dupont is barred from relitigating claims in long-running multidistrict litigation over the company’s contamination of Ohio and West Virginia families’ water supplies
August 2021:
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The firm is a winner in the “Appellate Hot List” category, for the second year in a row
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Jon Taylor is a winner in the “Rising Star” category
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Deepak Gupta is a finalist in the “Winning Litigator” category
Firm wins Third Circuit ruling holding that military servicemembers have a right to equal paid leave
Firm wins Seventh Circuit ruling holding that robocalling companies can’t hide behind their telemarketers
Firm wins First Amendment challenge to state restrictions on vegan “butter”
July 2021:
Deepak Gupta is awarded the Steven J. Sharpe Award for Public Service from the American Association for Justice for his achievement in successfully arguing Ford Motor Company v. Bandemer and Ford Motor Company v. Montana Eighth Judicial District Court in the Supreme Court
Firm files Fourth Circuit brief on enforceability of “infinite arbitration” contracts
June 2021:
Firm’s petition results in a rare Supreme Court win in a case of police excessive force: by a 6-3 vote, the Court summarily tossed out a pro-officer decision that failed to consider “well-known police guidance recommending that officers get a subject off his stomach as soon as he is handcuffed.” Coverage, quoting Jon Taylor, by Associated Press, Law & Crime, Law360, Washington Post, New York TImes, USA Today, NPR.
Deepak Gupta testifies before the Presidential Commission on the Supreme Court
Senate confirms Gupta Wessler alum Lina Khan as Chair of the Federal Trade Commission
Mother Jones reports on Facebook’s immunity arguments in the firm’s lawsuit, on behalf of Muslim Advocates, challenging Facebook’s false representations about policing hate groups on the platform
Newsweek reports on the firm’s representation of James Gibson, a black man tortured by the Chicago police into giving a false confession to murder
May 2021:
Matt Wessler argues Ninth Circuit appeal over personal jurisdiction in nationwide class actions
April 2021:
Firm files lawsuit, on behalf of Muslim Advocates, challenging Facebook’s false representations about policing hate groups on the platform. Coverage in Washington Post, Mother Jones, NPR, Reuters, USA Today.
Firm wins Ninth Circuit reversal of summary judgment on products-liability claims involving a defect in Ford’s panoramic sunroofs, which causes them to shatter without warning. Coverage in Law360.
In Bloomberg, Jen Bennett discusses the firm’s litigation challenging forced arbitration of claims by transportation workers
March 2021:
In Ford Motor Co. v. Montana Eighth Judicial District, the firm wins a unanimous U.S. Supreme Court victory for injured consumers’ right to access the courts to seek justice against out-of-state corporations. Coverage in New York Times, Wall Street Journal, Associated Press, Bloomberg, Reuters,
Firm defeats Facebook’s bid to take privacy case over user tracking to the U.S. Supreme Court
Firm wins Seventh Circuit ruling that airline ramp supervisors are exempt from the Federal Arbitration Act
Firm wins Fourth Circuit decision upholding a $10 million judgment for West Virginia consumers against a lender that used “particularly questionable” pressure tactics and deceit to “stack the deck” in mortgage appraisals
Firm wins preemption appeal for injured railroad worker in Montana Supreme Court
Ninth Circuit issues landmark opinion on guns–a culmination of the firm’s years-long effort, with Everytown for Gun Safety, to champion an originalist case for public-carry laws based on seven centuries of Anglo-American history
February 2021:
Firm wins Seventh Circuit appeal allowing military reservists who take required military leave to sue over pay discrimination under the Uniformed Services Employment and Reemployment Rights Act
Firm brings as-applied First Amendment challenge, in the Federal Circuit, to Lanham Act prohibition on registration of any trademark that “[c]onsists of or comprises a name … identifying a particular living individual except by his written consent”
January 2021:
On behalf of Environmental Defense Fund, Montana Environmental Information Center, and Citizens for Clean Energy, firm sues and successfully blocks a Trump Administration rule would cripple EPA’s ability to use science to protect the public health from going into effect
Deepak Gupta pens New York Times op-ed on Fourteenth Amendment’s insurrection clause
December 2020:
Firm files U.S. Supreme Court brief for the American Antitrust Institute on the FTC’s ability to seek disgorgement for antitrust violations
On behalf of restaurant and hotel competitors, firm files U.S. Supreme Court brief in Emoluments Clause suit against Donald Trump
November 2020:
The National Law Journal names Gupta Wessler to its list of “2020 Appellate Hot List” honorees–firms that “tackled novel issues and undoubtedly overcame unprecedented challenges over the past year, boasting high-profile and high-stakes wins in the nation’s highest appellate courts across a number of practice areas.”
Firm opposes two cert petitions on personal jurisdiction in nationwide class actions
October 2020:
Deepak Gupta argues U.S. Supreme Court cases, from Minnesota and Montana, on the jurisdiction of state courts to hear claims by injury victims against manufacturers of defective products. Coverage at USA Today, Bloomberg Law, National Law Journal, Reuters, CNBC, Law360.
September 2020:
Firm wins constitutional challenge, on behalf of Montana Governor Steve Bullock, to Trump Administration’s appointment of William Perry Pendley as acting director of the Bureau of Land Management. Coverage in Washington Post, NPR
Firm files petition for certiorari in the U.S. Supreme Court on the constitutional limits on police officers’ use of excessive force
In Ninth Circuit win, firm successfully defends a class-action settlement with Bank of America awarding $1.2 billion dollars in future savings and $70 million in direct monetary relief arising out of extended-overdraft charges
Jon Taylor argues Seventh Circuit appeal over pay discrimination against reservists who take required military leave, in violation of the Uniformed Services Employment and Reemployment Rights Act
Firm files amicus brief, on behalf of former federal officials, in U.S. Supreme Court case about tax shelters
August 2020:
On behalf of Open Technology Fund, firm sues the Trump Administration over $20 million in withheld congressionally-appropriated grant funds for global internet freedom. Coverage in Axios.
On behalf of Governor Steve Bullock of Montana, firm seeks expedited summary judgment in Appointments Clause over William Perry Pendley’s unlawful tenure as acting director of the Bureau of Land Management. Coverage in Washington Post.
By a 8-4 vote, the Second Circuit denies rehearing en banc in the firm’s suit against Donald Trump under the Constitution’s Emoluments Clauses on behalf of hotel and restaurant competitors of the President’s businesses. The decision permits the suit to go forward. Coverage in Bloomberg, National Law Journal, Law & Crime, Courthouse News, Law360.
Court grants preliminary injunction in firm’s First Amendment challenge, with Animal Legal Defense Fund, on behalf of Miyoko’s Kitchen, a 100% plant-based foods company targeted for censorship by the State of California’s Milk and Dairy Foods Safety Branch
July 2020:
Firm wins Third Circuit appeal, defeating online payday lender’s tribal arbitration clauses
Firm files brief on behalf of a family of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives in a lawsuit against the Daily Caller and Regnery Publishing for a multi-year xenophobic defamation campaign
The D.C. Circuit grants our emergency motion to enjoin the Trump Administration from attempting an unlawful hostile government takeover of the Open Technology Fund, an independent nonprofit organization dedicated to global freedom of expression on the Internet. Coverage in The Washington Post, National Law Journal, Law and Crime, Voice of America, Bloomberg. Firm files D.C. Circuit brief on the merits and Kretchun declaration.
Firm files lawsuit on behalf of the State of Montana, challenging William Perry Pendley’s unlawful tenure as acting director of the federal Bureau of Land Management
Firm files emergency motion and reply in the D.C. Circuit to block the federal government’s attempted takeover of Open Technology Fund
Firm announces the filing with the EEOC of class action charges alleging that Facebook discriminates against Black employees and applicants. The workers could represent thousands of Black professionals denied jobs or promotions by the social media giant. Coverage in the Washington Post, CNN, NPR, Reuters
Firm files class action against ten property-management companies over ageist housing ads on Facebook
June 2020:
On behalf of the Open Technology Fund and board members of Radio Free Europe, Radio Free Asia, and Middle East Broadcasting Networks, firm files lawsuit challenging the U.S. Agency for Global Media’s attempted “Wednesday Night Massacre” of the leadership of agency-funded news and anti-censorship organizations. Motion for temporary restraining order and reply brief . The firings have sparked bipartisan outrage. Coverage in the New York Times, Reporters Committee, Fox News
In collaboration with the ACLU of Michigan, Civil Rights Corps, and Advancement Project, the firm files a Sixth Circuit merits brief defending a preliminary injunction requiring basic safeguards for prisoners at risk of COVID-19. In a previous round of emergency briefing, the firm successfully opposed a stay, which the Sixth Circuit promptly denied.
Firm files brief in Flynn case for House Judiciary Committee members. Law and Crime, CNN.
Gupta argues appeal in Montana Supreme Court over whether a century-old remedial statute for federal workers preempts state bad-faith claims
May 2020:
Firm wins Tenth Circuit appeal for cancer-treatment providers, defeating drug company’s preemption defenses
Firm files preliminary-injunction motion and opposes motion to dismiss in First Amendment challenge on behalf of a plant-based dairy producer targeted for censorship by California’s Milk and Dairy Foods Safety Branch
The Pound Civil Justice Institute‘s 2020 Appellate Advocacy Award recognizes advocacy by Matt Wessler, Jon Taylor, and Jennifer Bennett leading to two recent wins in the U.S. Supreme Court
In California Supreme Court, the firm files a petition for review on employer’s paystub disclosure obligations to prevent wage theft
In a win for the firm in the Fourth Circuit, the en banc court reinstates D.C. and Maryland’s Emoluments Clause suit over Donald Trump’s receipt of payments from foreign and domestic governments. The firm is proud to represent D.C. and Maryland in this historic case
In a win for the firm in the Eighth Circuit, the court affirms a half-million-dollar punitive damages award for fraud against an unscrupulous used-car dealer
April 2020:
On behalf of the Association of Administrative Law Judges, the firm files a constitutional challenge to appointments to a key federal panel that oversees impasses in federal labor relations; brief on the merits and reply
Firm files Seventh Circuit appeal over pay discrimination against reservists who take required military leave, in violation of the Uniformed Services Employment and Reemployment Rights Act.
Firm files Second Circuit reply in challenge to regulation that fails to protect investors, in violation of the Dodd-Frank Act. ThinkAdvisor.
March 2020:
Firm files U.S. Supreme Court merits brief on why manufacturers like Ford Motor Company should not be able to force people injured by their products to travel thousands of miles to get in the courthouse door.
Three former staffers on Michael Bloomberg’s presidential campaign file a nationwide class-action lawsuit alleging that the campaign reneged on its promise to keep them employed for the general-election campaign, instead leaving them without an income or health insurance in the midst of a global pandemic. Politico
State failure-to-warn claims against Monsanto’s pesticide Roundup are not preempted by federal law, the firm explains in a Ninth Circuit brief for the American Association of Justice
February 2020:
Firm wins U.S. Supreme Court victory for employees seeking to hold companies accountable for taking imprudent or undisclosed risks with their retirement savings. In a unanimous opinion in Intel v. Sulyma, argued by Matt Wessler last December, the Court holds that, for purposes of an ERISA limitations period, a plaintiff does not necessarily have “actual knowledge” of information contained in disclosures that she receives.
The firm announces a new San Francisco office, to be headed by Jennifer Bennett, an accomplished Supreme Court and appellate advocate who joins the firm from Public Justice. Neil Sawhney, a former fellow, will be an associate in the new office. Coverage at Bloomberg Law and Law360
In SCOTUSblog symposium, Deepak Gupta discusses Supreme Court showdown over Consumer Bureau’s constitutionality
Firm files a Ninth Circuit brief defending a $102 million verdict on behalf of tens of thousands of workers who successfully sued Walmart over systemic violations of California labor law requiring pay transparency
In an appellate victory for the firm, the First Circuit revives an antitrust class action against Sanofi-Adventis, concluding that the drug company wrongly placed a patent for an insulin injector in the FDA’s “Orange Book,” thereby keeping other companies from developing similar insulin injectors; coverage at Law360; Bloomberg Law
Firm files First Circuit brief on behalf of families of the forty-seven peopled killed in the train derailment and explosion that leveled the town of Lac-Mégantic, Québec
Firm files First Amendment challenge, with Animal Legal Defense Fund, on behalf of Miyoko’s Kitchen, a 100% plant-based foods company targeted for censorship by the State of California’s Milk and Dairy Foods Safety Branch. Coverage in San Francisco Chronicle.
Peter Romer-Friedman, head of the firm’s new civil rights and class action practice, testifies before the U.S. House of Representatives, Education and Labor Committee, Subcommittee on Civil Rights. Bloomberg Law and Law360 featured articles about Peter joining the firm
January 2020:
A group of Pakistan-American Muslims who worked as IT staffers in the U.S. House of Representatives sue the Daily Caller and Regnery Publishing for defamation; reports in The Washington Post, Daily Beast, and CNN
Firm files brief in U.S. Supreme Court on behalf of scholars of financial regulation in support of the constitutionality of the Consumer Financial Protection Bureau; report in Reuters
U.S. Supreme Court grants cert in two personal-jurisdiction cases in which the firm represents the respondents; reports by Reuters and Bloomberg. Deepak Gupta will argue the cases before the Supreme Court this April
December 2019:
November 2019:
Firm files U.S. Supreme Court brief successfully defending $60 million jury verdict in telemarketing class action
Deepak Gupta discusses the Emoluments Clauses with Dahlia Lithwick on Slate’s Amicus podcast
Firm files brief for access-to-justice groups supporting federal government’s authority to limit forced arbitration in nursing home admissions, in response to industry’s lawsuit
Firm files brief in opposition to certiorari in the U.S. Supreme Court, opposing Ford Motor Company’s effort to curtail standards for personal jurisdiction
October 2019:
Firm files U.S. Supreme Court merits brief on the timing of suits by workers seeking to hold employers accountable for taking imprudent risks with their retirement savings
In the Wisconsin Supreme Court, Matt Wessler argues separation-of-powers challenge to the Wisconsin GOP’s power-grab legislation, which stripped the Governor and Attorney General of their powers in a lame-duck session after the 2018 election; report at Courthouse News
Fourth Circuit agrees to en banc rehearing of D.C. and Maryland Emoluments Clause case against Trump; report at Reuters
Firm files brief in opposition to certiorari in the U.S. Supreme Court on behalf of the City of Philadelphia, urging the Court to decline review of Catholic Social Services’ claim that it has a constitutional right to use taxpayer funds to discriminate against same-sex couples as prospective foster parents
Firm files brief on behalf of a coalition of labor unions, highlighting the stories of some of the 700,000 DACA recipients whose lives will be devastated if the Trump Administration revokes their legal status
September 2019:
Firm wins Emoluments Clause appeal against Donald Trump (CREW v. Trump), on behalf of hotel and restaurant competitors of Trump’s businesses. Reports in Washington Post, Wall Street Journal, Reuters, and Bloomberg. Deepak Gupta discussed the decision with Rachel Maddow on MSNBC
Matt Wessler argues major D.C. Circuit appeal on the future of nationwide class actions. Reports by Law360 and Bloomberg Law
Danny Townsend argues Tenth Circuit appeal on power of federal courts to award litigation costs under state law
House Judiciary Committee Chairman Nadler cites testimony of “prominent public interest attorney” Deepak Gupta in markup of Forced Arbitration Injustice Repeal (FAIR) Act
Matt Wessler argues First Circuit appeal at the intersection of antitrust, patent, and drug regulation, challenging an insulin manufacturer’s anticompetitive scheme to maintain monopoly power over the multi-billion dollar insulin market
Firm sues the SEC for issuing a rule that dilutes consumer protections for retail investors and allows brokers to maintain harmful conflicts of interest, in violation of the Dodd-Frank Act
August 2019:
Trump administration can’t unilaterally wipe out California’s century-old labor protections for truck drivers, firm tells Ninth Circuit
On behalf of domestic-violence shelters, the firm briefs a lawsuit challenging the constitutionality of a new West Virginia law that forbids shelters from even from asking about the presence of firearms on their own property
Firm files letter briefs urging California Supreme Court to accept certification from the Ninth Circuit to clarify the standard of liability under California’s meal-and-rest-break laws
Firm’s Supreme Court brief for Everytown debunks the NRA’s false historical claim that individuals have always and invariably been allowed to carry loaded guns in public in England and America
July 2019:
On behalf of Montana and New Jersey, firm prevails in challenge to Trump Administration’s decision to stop collecting donor information from dark-money groups
In Ninth Circuit, firm defends a class-action settlement with Bank of America awarding $1.2 billion dollars in future savings and $70 million in direct monetary relief arising out of extended-overdraft charges
In Eighth Circuit, firm defends a $5.8 million punitive-damages award against a used car dealer that knowingly sold dangerous cars
In a California state appeal, firm defends $2.8 million class-action settlement in wage-and-hour litigation against Diamond Resorts
In Federal Circuit appeal, firm files reply in defense of partial victory in a class action challenging the federal judiciary’s collection of excessive fees for access to online court records (PACER)
June 2019:
In Eighth Circuit appeal, firm defends class certification in lawsuit against Union Pacific for maintaining employment policy that violates the Americans with Disabilities Act. AARP, the Impact Fund, Public Justice, and a coalition of other public-interest organizations file amicus brief in support.
In Fourth Circuit appeal, firm defends $11 million judgment against subprime mortgage lender Quicken Loans for unlawfully skewing the home appraisal process
Firm files lawsuit with Everytown for Gun Safety on behalf of coalition of domestic-violence shelters challenging West Virginia law that requires them to allow guns onto their parking lots and forbids them even from asking questions about guns in their parking lots.
May 2019:
California Public Employees’ Retirement System (CalPERS) and Colorado Public Employees Retirement Association seek intervention to defend shareholders’ right to bring securities-fraud lawsuits, and move to dismiss a suit aimed at encouarging companies to include forced arbitration clauses in their corporate bylaws. Reuters
Firm opposes attempt by class-action objector Ted Frank to obtain Supreme Court review of cy pres award in class-action settlement
In an appeal briefed by the firm, the Fourth Circuit affirms a $61 million class-action verdict arising out of robocalls in violation of the Telephone Consumer Protection Act
Firm files reply on behalf of Montana and New Jersey in challenge to the Trump Administration’s decison to stop collecting contributor information from dark-money groups
Deepak Gupta opposes draft Restatement on Consumer Contracts. Coverage at American Prospect, The Verge, The Record, AmLaw Litigation Daily. Gupta also participated in a panel on the restatement at George Mason’s annual judicial symposium on civil justice
Deepak Gupta to testify before House Judiciary Committee on forced arbitration. Coverage in CityLab, Yahoo, and Law360.
Firm wins Ninth Circuit appeal upholding state and federal protections against abuses by background-screening companies
Deepak Gupta speaks at an event–sponsored by the American Constitution Society and Center for American Progress–on corporate capture and the U.S. Supreme Court
On behalf of Boston and Brookline, the firm opposes U.S. Supreme Court review of a Second Amendment challenge to the town’s public-carry licensing regimes for firearms
April 2019:
On behalf of the Governor of Montana, the firm files a brief in a challenge to the IRS’s decision to stop collecting donor information from dark-money groups
Firm opposes U.S. Supreme Court review on timing of ERISA imprudent-investment claims
March 2019:
Deepak Gupta argues before the U.S. Supreme Court as Court-appointed counsel in support of a judgment left undefended by the Solicitor General.
In a landmark ruling in favor of the firm’s union clients, Wisconsin court strikes down GOP lame-duck legislation on separation-of-powers grounds
Matt Wessler argues unions’ constitutional challenge to laws passed by lame-duck GOP-controlled Wisconsin Legislature to weaken the powers of the incoming Democratic governor and attorney general. Coverage at Courthouse News, Wisconsin Public Radio and WRAL
Firm files appeal in the Nevada Supreme Court to enforce a state law, adopted by ballot initiative, to close the legal loophole that lets people buy guns without background checks
Firm files D.C. Circuit brief on personal jurisdiction over class actions in federal court in the wake of the Supreme Court’s decision in Bristol-Myers Squibb
Firm files Seventh Circuit brief for American Association for Justice on the application of the Supreme Court’s decision in Bristol-Myers Squibb to nationwide class actions in federal court
Firm files U.S. Supreme Court brief for mathematicians and law professors in partisan gerrymandering cases
In a case challenging wealth-based detention in Alabama’s criminal justice system, firm files brief arguing against a county sheriff’s novel sovereign immunity defense
Danny Wilf-Townsend pens op-ed in the Washington Post on forced arbitration and federal privacy policy
Firm files First Circuit brief in an antitrust case seeking to hold a drug company accountable for its anticompetitive scheme to exclude competition from the multi-billion dollar insulin market
February 2019:
Firm files reply in separation-of-powers challenge to Wisconsin’s extraordinary power-grab legislation
In an appellate victory for environmental-justice and social-justice nonprofits, the firm defeats the oil industry’s SLAPP suit arising out of successful litigation over illegal and discriminatory oil-drilling practices in Los Angeles. Fellow Danny Townsend argued the appeal.
January 2019:
Firm files lawsuit and emergency motion on behalf of Wisconsin unions, taxpayers, and a state senator, challenging extraordinary power-grab legislation on state separation-of-powers grounds
Firm files a brief as court-appointed amicus at the invitation of the U.S. Supreme Court on judicial review of social security cases
Jon Taylor debates public carry and the Second Amendment at the Federalist Society and a symposium on Heller‘s 10-year anniversary at UC Hastings
Firm argues Sixth Circuit consumer-protection appeal over high-interest bank payday loans
Deepak Gupta, in residence at Harvard Law School as a Wasserstein Public Interest Fellow, speaks about forced arbitration and practice at private public interest firms
Firm argues before the Ohio Supreme Court on behalf of environmental groups in a challenge to the bailout of FirstEnergy’s power plants by the Ohio Public Utilities Commission
In a lawsuit challenging an Ohio school district’s decision to arm teachers and staff, the firm defeats a critical motion to quash
December 2018:
The firm defends on appeal a $60 million verdict against Dish Network for widespread violations of the federal telemarketing laws; report in Bloomberg Law
The firm files an appellate brief arguing that an online payday lender’s illegal loans are not shielded by tribal sovereign immunity; amicus briefs in support filed by 15 states and the Center for Responsible Lending
On behalf of the District of Columbia and the State of Maryland, the firm opposes President Trump’s request that the Fourth Circuit stay litigation over his violations of the Constitution’s Emoluments Clauses
The firm seeks Supreme Court review on scope of copyright protection for photography in dispute with Nike over a famous photograph of Michael Jordan; reports in Law360 and Reuters
Firm fights Navient’s attempt to subpoena former CFPB student loan watchdog Seth Frotman; reports at The Intercept, National Law Journal, and Law360
Fellow Danny Townsend argues appeal for environmental justice nonprofits defending against oil industry’s SLAPP suit, which arises from the nonprofits’ successful litigation over oil drilling in Los Angeles
November 2018:
U.S. Supreme Court appoints Deepak Gupta to brief and argue in support of a judgment left undefended by the Solicitor General; report in National Law Journal
Firm files appellate brief in defense of Michigan county regulation prohibiting the sale of tobacco products to youth under 21 years of age
In a Ninth Circuit appeal argued by Matt Wessler, firm wins a victory for employees seeking to hold companies accountable for taking imprudent or undisclosed risks with their retirement savings; report at Law360
Rachel Bloomekatz files appellate brief in an Ohio criminal appeal, arguing the unconstitutionality of a fifty-year resentencing of a juvenile nonhomicide offender
D.C. Commission on Arts & Humanities reverses position on censorship restrictions, after the firm works with ACLU and arts community to mount First Amendment objections; reports at Washington Post, Washington City Paper, Art Newspaper
In a First Circuit case argued by Jon Taylor on behalf of the Town of Brookline, the firm defeats a Second Amendment challenge to the town’s implementation of Massachusetts’s public-carry restrictions; reports at Bloomberg and Masslive
In Emoluments Clause challenge brought by the firm’s clients, Maryland and D.C., court denies the President’s request to appeal and stay proceedings and orders discovery schedule; reports in Washington Post, New York Times, CNN
Over a five-judge dissent, firm’s opposition defeats Ninth Circuit rehearing petition on evidentiary standards for class certification; report in Law360
October 2018:
Deepak Gupta argues Second Circuit appeal on standing of hotel and restaurant competitors to challenge Donald Trump’s Emoluments Clause violations; story at Courthouse News and Law360
Matt Wessler argues ERISA statute of limitations appeal in Ninth Circuit
American Association for Justice files comments to Federal Motor Carrier Safety Administration explaining that it lacks authority to entertain the trucking industry’s request to preempt California’s meal and rest break rules
Deepak Gupta speaks at NCLC’s annual Consumer Rights Litigation Conference on the future of consumer rights in the Supreme Court and appellate courts
Deepak Gupta speaks at Berkeley Law
Firm beats online payday lenders tribal-arbitration clause
Firm files U.S. Supreme Court brief for Open Markets Institute on whether Apple is subject to antitrust liability for its monopoly over the market for iPhone apps
September 2018:
Port Authority of New York and New Jersey, the firm’s client, approves a minimum-wage policy for JFK, LaGuardia, and Newark International airports that will bring the wages of thousands of airport workers to $19 an hour by 2023. Press release; New York Times
Firm files U.S. Supreme Court brief on behalf of American Association for Justice in Harry Schein v. Archer and White, a case about the enforcement of delegation clauses in arbitration agreements
Parents sue school district in Ohio, seeking an injunction blocking the district from arming teachers and staff without the training required by law, as well as a court order requiring disclosure of policies and procedures for arming staff. The firm represents the parents in collaboration with Everytown for Gun Safety.
Firm wins Third Circuit appeal: job applicants have standing to sue over employers’ failure to let them review criminal-history background reports. Deepak Gupta argued the appeal, in collaboration with Outten & Golden LLP, Philadelphia Lawyers for Social Equity, the Lawyers’ Committee for Civil Rights, and Public Interest Law Center. Report in Law360
Firm challenges online payday lender’s tribal-arbitration clause
August 2018:
In the too-close-to-call special election in Ohio’s 12th congressional district, Danny O’Connor’s campaign retains Rachel Bloomekatz and the firm to serve as post-election campaign counsel — “a clear sign that they’re ready to fight if there’s an opportunity to close a 1,564-vote deficit to Republican Troy Balderson”
Firm files brief for Everytown, joined by Larry Tribe, explaining why downloadable 3D printed guns are not speech protected by the First Amendment
Firm files D.C. Circuit brief for Open Markets Institute in appeal over AT&T/Time Warner merger
July 2018:
Court rules that the firm’s clients, Maryland and the District of Columbia, have stated a claim under the Constitution’s Emoluments Clauses against President Trump, allowing suit to go forward. Coverage in N.Y. Times, Washington Post
Jon Taylor argues major Second Amendment appeal in defense of public-carry restrictions. Coverage in Reuters
Gupta joins the board of the National Consumer Law Center
Firm files brief for the American Medical Association and ten other groups of medical professionals on the public-health effects of e-cigarettes and cigars
On behalf of Everytown for Gun Safety, firm urges Ohio school board not to arm teachers
June 2018:
Firm represents the Town of Brookline, Massachusetts, defending a Second Amendment challenge to its restrictions on public carry of firearms
Firm successfully opposes the trucking industry’s bid for Supreme Court review of a case seeking to extend federal preemption to employee break laws. Coverage in the Wall Street Journal
May 2018:
Firm defeats an attempt by General Motors and the U.S. Chamber of Commerce to persuade the U.S. Supreme Court to review a decision ordering a damages-only trial in a multimilion-dollar products-liability case. Coverage at Law360
Firm files U.S. Supreme Court brief opposing the trucking industry’s attempt to extend federal preemption to employee break laws
Firm wins Eighth Circuit appeal, rejecting a Missouri city’s immunity defenses in a constitutional challenge to its “pay-to-play” system, in which poor people arrested for minor municipal infractions are placed in jail when they can’t afford to pay fees
In SCOTUSblog, Gupta comments on the Supreme Court’s decision in Epic Systems, which blocks workers from banding together to redress the full range of workplace legal violations — including wage theft, sexual harassment and race and gender discrimination
Firm files appellate brief for environmental justice nonprofits defending oil industry’s SLAPP suit arising out of the nonprofits’ successful litigation over oil drilling in Los Angeles
Jon Taylor argues D.C. Circuit appeal defending class-action ruling that the IRS has illegally charged tax preparers hundreds of millions of dollars
April 2018:
Firm files Second Circuit brief on hotel and restaurant competitors’ standing to sue Trump for violations of Emoluments Clauses
Deepak Gupta argues D.C. Circuit appeal in challenge to Trump’s appointment of Mick Mulvaney as Acting Director of the Consumer Financial Protection Bureau (English v. Trump). Coverage in New York Times, Wall Street Journal, Los Angeles Times, NPR, Bloomberg BNA
Jon Taylor argues Eighth Circuit appeal in constitutional challenge to Missouri city’s “pay-to-play” system, in which people arrested for minor municipal infractions are placed in jail if they can’t afford to pay fees
Rachel Bloomekatz files Pennsylvania Supreme Court brief for 15 public-health groups in support of Philadelphia’s soda tax. Coverage at NPR.
Joshua Matz gives speech on “Legal Resistance to the Trump Administration” at Harvard Law School
March 2018:
In historic ruling, federal court holds that the District of Columbia and State of Maryland, the firm’s clients, have standing to pursue a lawsuit challenging Donald Trump’s violations of the Constitution’s Emoluments Clauses. Background here. Coverage in the Washington Post, New York Times, CNN, NPR
Firm files D.C. Circuit reply in CFPB leadership fight (English v. Trump)
In class action brought by the firm, district court rules that the Judiciary misused PACER fees. Coverage in the National Law Journal of the ruling and oral argument.
Jon Taylor is named to the “2018 Rising Stars of Law 40 under 40” by DCA Live, honoring the “great young legal talent in the Washington region.”
Firm successfully opposes drug company’s bid for U.S. Supreme Court review of standards for admissibility of expert testimony. Coverage in Law360.
Firm files brief for eight national labor unions, presenting the experiences of individual union members who have benefitted from DACA and the real human toll of President Trump’s decision to rescind the program
Firm files D.C. Circuit brief defending a class-action ruling that the IRS has illegally charged hundreds of millions of dollars to tax preparers
February 2018:
Firm wins Third Circuit decision holding that an internet payday lender’s tribal arbitration scheme is unenforceable because it “directs arbitration to an illusory forum. Coverage in Law360.
Firm files U.S. Supreme Court brief for the American Association for Justice on equitable tolling for subsequent class actions (China Agritech v. Resh)
Firm files Ohio Supreme Court brief for the Environmental Defense Fund, Environmental Law and Policy Center, and Ohio Environmental Council in a challenge to the bailout of FirstEnergy’s power plants by the Ohio Public Utilities Commission
Firm files Ninth Circuit reply in wage-and-hour class action on behalf of California truck drivers
January 2018:
In a First Amendment victory for California merchants represented by the firm, the Ninth Circuit strikes down as unconstitutional a statute designed to keep consumers in the dark about the cost of credit cards. Coverage in Law360.
In the legal battle over the leadership of the Consumer Financial Protection Bureau (English v. Trump), the firm files its appellate brief for Leandra English in the D.C. Circuit
December 2017:
In a win for the firm’s clients, the Ninth Circuit rejects the use of forced arbitration in privatized criminal justice. A private debt-collection company that threatens criminal prosecution on official letterhead, the court holds, cannot avoid court through the fine print. The firm’s appeal was supported by several amici curiae, including the national ACLU, Public Justice, the National Consumer Law Center, and several law professors.
Firm wins Second Circuit decision reviving class action against Capital One on bank overdrafts
Firm files Supreme Court brief Open Markets Institute in Ohio v. American Express, explaining why the Court should not adopt a special antitrust rule for “two-sided” markets
November 2017:
Deepak Gupta and the firm profiled by Bloomberg Law
Firm wins Ninth Circuit victory: Court rejects novel debt collector tactic of purchasing consumers’ collection-abuse claims out from under them at auctions on the courthouse steps
Deepak Gupta argues Trump University appeal on November 15 in the Ninth Circuit
Law360 profiles Deepak Gupta and the firm, noting that Gupta Wessler has “staked a name for itself” as a “premier plaintiffs-side appellate firm”
Firm files brief for District of Columbia and State of Maryland in challenge to Donald Trump’s violations of the Constitution’s Emoluments Clauses
On behalf of consumer watchdog Allied Progress, firm files comments to FCC in opposition to Sinclair-Tribune local TV merger
On behalf of the American Farm Bureau Federation and South Dakota Farm Bureau Federation, firm files a brief supporting the Supreme Court’s reconsideration of Commerce Clause jurisprudence requiring an in-state physical presence for sales tax
October 2017:
Firm files Ninth Circuit brief for public-health groups, supporting rehearing of a decision striking down San Francisco’s soda warnings on compelled-speech grounds, and highlighting the decision’s implications for tobacco warnings
U.S. Supreme Court leaves in place Rachel Bloomekatz’s victory in Ohio juvenile justice case. Coverage by AP.
Defending major Ohio Supreme Court juvenile justice victory,
Firm files Third Circuit brief challenging Internet payday lender’s tribal arbitration scheme
Firm files U.S. Supreme Court brief in Christie v. NCAA for Stop Predatory Gambling and a diverse coalition of religious, public-health, and economic-justiec groups from across the political spectrum
Deepak Gupta speaks at Yale Law School
Matt Wessler argues First Circuit appeal over enforceability of arbitration clause in Uber’s terms of service
September 2017:
Daniel Wilf-Townsend joins the firm as 2017-2018 Fellow in Appellate and Constitutional Litigation
Deepak Gupta debates Donald Trump’s Emoluments Clause violations at Harvard Law School
Firm files U.S. Supreme Court brief for Ohio elections officials in opposition to the Ohio Secretary of State’s voter purges
Joshua Matz argues prisoner appeal in Ninth Circuit as appointed counsel
Deepak Gupta argues a Ninth Circuit appeal (supported by the ACLU and consumer groups and scholars) over a private corporation’s attempt to force consumers into arbitration through threats of criminal prosecution
Matt Wessler argues Fourth Circuit appeal in an ERISA class action challenging an employer’s retroactive reduction of millions in retirement benefits
Tenth Circuit revives First Amendment challenge to Wyoming’s “Ag-Gag” law
August 2017:
Joshua Matz joins the firm. Matz is a former law clerk to U.S. Supreme Court Justice Anthony Kennedy, publisher of the Take Care blog, and co-author with Laurence Tribe of Uncertain Justice: the Roberts Court and the Constitution. An article by Marcia Coyle in the The National Law Journal profiles both Joshua and the firm
In an appeal argued by Jon Taylor, the firm wins an Eighth Circuit decision ordering a damages-only trial in a multimillion-dollar products-liability case against General Motors
On behalf of Everytown, firm files brief arguing that the full D.C. Circuit should rehear a decision depriving the government of its power to regulate the public carrying of guns on the streets of Washington, DC
Firm files Eighth Circuit brief in constitutional challenge to “pay-to-play” system in which people arrested for minor municipal infractions are forced to pay a fee to the City of Maplewood, Missouri and are placed in the city’s jail if they can’t afford to pay
Deepak Gupta argues Ninth Circuit appeal, on remand from U.S. Supreme Court victory, in First Amendment challenge to California’s credit-card surcharge statute
Firm seeks seeks summary judgment in class action challenging fees to access federal court records via PACER
Firm files U.S. Supreme Court brief for American Association for Justice on whether corporate employers may use forced arbitration clauses to prevent employees from banding together in court. AAJ’s brief urges the Court to be mindful of the many federal agency regulations that have restricted corporations’ abusive use of forced arbitration against Americans
Firm files opposition to motion to dismiss in CREW v. Trump, challenging Donald Trump’s violations of the Foreign and Domestic Emoluments Clauses. Coverage in The Economist, Hollywood Reporter, and National Law Journal
In Ninth Circuit appeal, Matt Wessler successfully defends $42 million judgment in a class action against an online grocer
July 2017:
Firm files reply in Trump University appeal
Matt Wessler and Deepak Gupta speak on various topics–including the Supreme Court’s latest civil-justice cases and the state of plaintiff-side appellate advocacy–at the American Association for Justice convention in Boston
As the Trump administration walks away from class-action protections in the Fiduciary Rule, the firm files a Fifth Circuit brief for the American Association for Justice; report at BNA
Firm files Supreme Court brief for former antitrust officials in American Express antitrust case
Deepak Gupta, described as “one of the country’s top litigators,” named to the Fastcase 50 –“honoring the law’s smartest, most courageous innovators, techies, visionaries, & leaders”
June 2017:
Firm wins U.S. Supreme Court victory in cross-border shooting case: Justices reject officer’s qualified-immunity defense & remand on availability of damages suit
On behalf of Michigan county, firm opposes preliminary injunction of local regulation prohibiting tobacco sales to 18-t0-21-year-olds
In victory for firm’s lawsuit, court rules that the IRS illegally charged millions of dollars in fees to tax preparers
Deepak Gupta argues Ninth Circuit appeal over novel debt-collection tactic: buying consumers’ collection-abuse claims at auction
Trump files motion to dismiss in CREW’s Emoluments Clause suit; AP
D.C. and Maryland attorneys general sue Trump over emoluments
May 2017:
Firm files reply in support of Supreme Court petition in Chevron-Ecuador case
Defending major Ohio Supreme Court juvenile justice victory, firm files brief opposing U.S. Supreme Court petition
Bipartisan group of members of Congress file Supreme Court brief supporting servicemembers’ rights over forced arbitration; Bloomberg
Public-health groups challenge “one-in-two-out” executive order on deregulation
Rachel Bloomekatz argues Fourth Circuit appeal over $2.5 million punitive damages award under Fair Credit Reporting Act
New York hotel owner joins CREW’s Emoluments Clause lawsuit against Donald Trump; CNN
Deepak Gupta interviewed about Trump’s conflicts of interest by Soledad O’Brien
April 2017:
Rachel Bloomekatz receives American Constitution Society’s Progressive Young Leadership Award
Firm files Ninth Circuit brief on forced arbitration and privatized criminal justice; amicus briefs by ACLU and other groups & scholars
Deepak Gupta speaks at Northern District of California and District of Columbia judicial conferences
March 2017:
In victory for firm’s First Amendment challenge, U.S. Supreme Court holds that New York’s credit-card surcharge law regulates speech; NY Times, Washington Post, Law360
Financial regulation & consumer protection scholars file brief in support of Consumer Bureau’s constitutionality
Firm files Supreme Court petition in Chevron-Ecuador case over $8 billion Ecuadorian pollution judgment
Matt Wessler argues before U.S. Supreme Court in health-insurance preemption case
Jon Taylor argues before Eighth Circuit in appeal from products-liability trial concerning design of GM seat-belt system
On behalf of public health groups, firm files brief in support of Philadelphia’s soda tax
Florida Supreme Court upholds state’s prohibition on open carry of firearms, adopting firm’s historical analysis for Everytown
February 2017:
Deepak Gupta interviewed on Slate’s Amicus podcast
Bloomberg BNA highlights firm’s Supreme Court work
Firm files U.S. Supreme Court reply for family of victim in cross-border shooting by U.S. border guard
Firm files First Circuit brief in appeal challenging Uber’s efforts to force riders into arbitration
Jonathan Taylor speaks at University of Virginia Law School on NFL and concussions
Deepak Gupta speaks at American Association for Justice convention on Supreme Court and regulatory litigation
January 2017:
The National Law Journal profiles Gupta Wessler
Firm joins with constitutional scholars and ethics experts to file lawsuit against Trump over foreign emoluments; NY Times; NPR; CNN; MSNBC; Slate
Firm files FOIA request on Justice Department review of Trump executive orders
Firm wins Ninth Circuit appeal, argued by Jon Taylor, challenging fairness of class-action settlement; Recorder
Court certifies class action challenging PACER fees for access to federal court records; Politico; Law360
Firm files U.S. Supreme Court brief in health-insurance preemption case
Deepak Gupta speaks at Yale Law School
December 2016:
Ohio Supreme Court announces major victory for juvenile justice in case argued by Rachel Bloomekatz, holds functional life sentences for juveniles violate Eighth Amendment
Ninth Circuit upholds waiting period against Second Amendment challenge; concurrence adopts approach urged in firm’s brief for Everytown
Firm files U.S. Supreme Court merits brief for family of unarmed Mexican boy killed in cross-border shooting by U.S. border guard; a wide range of amici file in support (human rights groups, scholars, former border officials and police chiefs)
Non-profits’ lawsuit attacking PACER fees for access to court records is allowed to proceed
Firm briefs ERISA appeal on retroactive reduction of millions in retirement benefits
November 2016:
On behalf of ten consumer and civil rights groups, firm urges full D.C. Circuit rehearing on constitutionality of Consumer Bureau’s structure
Firm files reply in support of U.S. Supreme Court petition in NFL concussion litigation
Wessler interviewed by New York Times on nationwide injunctions
Firm files U.S. Supreme Court merits brief in First Amendment challenge to law that keeps consumers in the dark about swipe fees; a wide range of amici file in support (consumer groups, retailers, scholars)
U.S. Supreme Court grants firm’s third case of the term, involving limits on federal preemption
Gupta speaks on future of access to courts: C-SPAN
Wessler and New Yorker writer McGrath run legal writing workshop
Victims of Flower Branch gas explosion file lawsuits seeking compensation
Firm files brief on behalf of American Association for Justice on new federal rule banning pre-dispute arbitration by nursing homes
October 2016:
U.S. Supreme Court grants firm’s petition in cross-border shooting case, raising fundamental questions about the Constitution’s extraterritorial reach
On behalf of the National League of Cities, U.S. Conference of Mayors, and local-government groups, firm files U.S. Supreme Court brief on cities’ ability to sue under Fair Housing Act /
Youth and environmental-justice groups settle lawsuit challenging oil drilling in Los Angeles
Deepak Gupta elected to the American Law Institute
Firm files cert petition and acquiesces to cert in health-insurance preemption cases
September 2016:
Firm files Supreme Court petition in NFL concussion litigation; New York Times; AP; BNA
Gupta interviewed by BNA on appellate boutique practice
On behalf of Everytown for Gun Safety, firm files brief on “common use” and the Second Amendment; Washington Post
Gupta speaks at Yale Law School on “First Amendment Jurisprudence: What is Speech?”
Wessler speaks at ABA on Article III standing after Spokeo
Firm wins Sixth Circuit victory in appeal involving car dealer’s yo-yo scam
Gupta interviewed by National Law Journal on Supreme Court’s pro-corporate agenda
August 2016:
On behalf of American Association for Justice, firm files brief supporting Labor Department rule on class-action bans in forced arbitration clauses; report in BNA
Firm files Fourth Circuit brief in major Fair Credit Reporting Act class action
Bloomberg and Consumerist report on firm’s Ninth Circuit appeal over novel debt-collection tactic: buying consumers’ collection-abuse claims at auction
In interview, Gupta discusses the “shifting mood” on forced arbitration
Court certifies class in dispute over $200 million in illegal fees
Firm files reply in support of class certification of PACER fees case
Gupta argues Sixth Circuit appeal over car dealer’s “spot delivery” practices
July 2016:
On behalf of Everytown, firm presents historical case for DC’s restrictions on public carrying of guns, and rebuts counterarguments by NRA and its allies
As appointed counsel for the district court, firm files brief on election-day order extending polls in Ohio presidential primary
Firm opposes dismissal of challenge to PACER fees
Firm wins decision denying effort to compel arbitration by private company that rents out prosecutor letterhead
Gupta recaps Supreme Court’s latest class action decisions
June 2016:
In victory over Second Amendment challenge, en banc Ninth Circuit adopts our historical analysis of public-carry laws
In victory for the firm’s netroots clients, D.C. Circuit upholds FCC’s landmark net neutrality rule
Gupta speaks at ACS Supreme Court review
Firm files Supreme Court petition for health plans on causation in drug-fraud cases
Firm weighs in, with Erwin Chemerinsky, on constitutional challenges to “Ag Gag” laws in Idaho and Utah
Firm files brief in Eighth Circuit appeal from products-liability trial concerning design of GM seat-belt system
Firm files brief on standing after Spokeo in case against debt buyer; Bloomberg BNA
Firm releases resources for consumer advocates on Spokeo / Gupta speaks on guns at ACS nat’l convention
Gupta speaks on arbitration at CAP with Sen. Al Franken
May 2016:
Firm files brief on behalf of eight public-health groups in major tobacco preemption case
Rachel Bloomekatz is honored by the Children’s Defense Fund for her appellate work for juvenile justice
Firm files Supreme Court petition in First Amendment challenges to New York and Texas credit-card laws
April 2016:
Gupta speaks to American Law Institute on “Future of Aggregate Litigation” at NYU
Firm defends Maryland’s assault-weapons law before en banc Fourth Circuit
Firm challenges use of forced arbitration in privatized criminal justice
Firm files Ninth Circuit petition on application of Supreme Court’s Tyson Foods decision to California wage-and-hour class actions
Firm files D.C. Circuit brief focusing on consumer benefits of the EPA’s Clean Power Plan to combat climate change
Firm opposes oil industry’s attempt to intervene in environmental-justice challenge to oil drilling in Los Angeles
March 2016:
Citing “strong presentation from top flight counsel,” Ohio court rules for plaintiffs in voting-rights suit, clearing the way for 17-year-olds to vote in the presidential primary; coverage at AP, Reuters, Bloomberg Politics, Columbus Dispatch, Washington Post
Rachel Bloomekatz files suit in Ohio, seeking to secure the rights of eligible 17-year-olds to vote in presidential primary; coverage at AP, Reuters, 10TV Columbus
Firm wins Alaska Supreme Court case, argued by Jon Taylor, on collection practices of foreclosure mills
Firm files Supreme Court brief for national consumer groups on reach of Fair Debt Collection Practices Act
February 2016:
Firm files brief urging rehearing of decision on constitutionality of Maryland’s assault-weapons law
ABA Journal features firm’s First Amendment work
ACS publishes issue brief on forced arbitration and inequality by Gupta and former summer associate Lina Khan; publication coincides with speech by Consumer Bureau Director Cordray citing firm’s recent Fourth Circuit victory
Firm wins Fourth Circuit opinion declaring tribal arbitration scheme “unenforceable”; coverage by Noah Feldman at Bloomberg View; Bloomberg BNA
Gupta presents oral argument in defense of D.C.’s firearms restrictions against Second Amendment challenge
In Florida Supreme Court, firm files brief defending state’s gun laws
January 2016:
Jon Taylor argues Ninth Circuit appeal over a novel jurisdictional issue in class actions
Firm files brief in appeal over California anti-SLAPP law’s public-interest exception
In brief for Everytown for Gun Safety, firm mounts historical defense of DC’s public-carry restrictions
Firm successfully defeats Supreme Court petition seeking litigation immunity for debt collectors / Firm successfully challenges nationwide settlement with internet payday lender CashCall
December 2015:
Gupta testifies opposite Newt Gingrich on CFPB data collection in U.S. House of Representatives
Wessler represents intervenors at hearing in South Dakota on nationwide settlement with internet payday lender
Gupta argues major commercial-speech challenge to Texas law in Fifth Circuit
Wessler argues Fourth Circuit appeal challenging internet lender’s “tribal arbitration” scheme
Firm files Ninth Circuit brief in First Amendment challenge to California credit-card law
Firm files reply in case challenging auto dealer’s “yo-yo” scam
November 2015:
On behalf of youth groups, firm files environmental-justice challenge to oil drilling in Los Angeles neighborhoods; press release; L.A. Times; Reuters; Grist
Firm files brief for Governor of Montana in Supreme Court case on fate of public-sector unions
U.S. Supreme Court orders Solicitor General to respond to firm’s petition on behalf of Mexican teenager slain by border guard
Firm’s latest filing alerts Second Circuit to extraordinary new developments in the Chevron-Ecuador case; Wall Street Journal, VICE, and Courthouse News
Gupta previews Supreme Court’s argument on workers’ rights class action
Firm files Supreme Court brief on debt collectors and litigation immunity
October 2015:
Gupta quoted in front-page New York Times story on rise of forced arbitration
Gupta speaks at ABA’s National Institute on Class Actions in New Orleans
Firm files reply challenging internet lender’s “tribal arbitration” scheme
Gupta speaks at Yale Law School conference on law & inequality
In NFL concussion litigation, firm files reply for former players challenging global settlement
Firm files Supreme Court reply in cross-border shooting case
Firm files brief on extraterritorial reach of human trafficking laws in case of executed Nepali workers lured to work in Iraq
September 2015:
Firm files brief surveying seven centuries of gun laws in defense of DC’s public-carry law
Firm argues that Supreme Court should dismiss major class-action case
Gupta previews Supreme Court’s class-action cases for Bloomberg
Firm files brief on relationship between firearms regulation and technological change
Firm files Supreme Court brief in whistleblower suit over defense-contractor fraud in Iraq
Canadian Supreme Court unanimously rules Ecuadorian victims may seek to enforce pollution judgment against Chevron
Gupta testifies on Dodd-Frank Act in U.S. House of Representatives
Firm files appeal on auto dealer “yo-yo” scam
Netroots groups support FCC’s net neutrality rule
Groups sue to overturn Wyoming’s new data censorship laws
August 2015:
On behalf of former NFL players, firm challenges proposed global settlement of claims that the NFL hid the risk of concussions
Firm files reply on appeal in First Amendment challenge to Texas surcharge law
Court strikes down Idaho “ag-gag” law, adopting arguments in firm’s brief for constitutional scholar Erwin Chemerinsky
July 2015:
Firm seeks Supreme Court review in cross-border shooting of unarmed Mexican teen by U.S. border patrol agent
Bloomberg profiles the firm as an “Appellate Boutique Going to Bat for the Little Guy”
Firm files letter to Tenth Circuit, arguing against deference to agency interpretations of preemption clauses
Gupta testifies before U.S. Senate Judiciary Committee on constitutionality of Dodd-Frank and Consumer Bureau
Wessler speaks on consumer class actions in Chicago
Firm announces that prominent public interest litigator Matt Wessler has joined as a named principal; report in Law360
Firm wins a Third Circuit appeal on burdens of proof under Fair Debt Collection Practices Act
Firm announces opening for a one-year litigation fellowship starting in fall 2016
Wessler speaks on appellate advocacy at American Association for Justice in Montreal
June 2015:
Justice Kennedy’s surprise opinion upholding Fair Housing Act disparate-impact liability adopts historical analysis in firm’s brief
Firm defeats Supreme Court petition on consumer arbitration
Gupta argues major commercial speech case before Eleventh Circuit; article in Daily Report
Firm challenges internet lender’s “tribal arbitration” scheme
En banc Ninth Circuit hears argument in key Second Amendment appeal
Gupta speaks on appellate advocacy at PLI seminar in New York
May 2015:
Firm wins Supreme Court victory for workers’ rights, defeating trucking industry’s attempt to preempt century-old workplace protections
Firm files brief to the en banc Ninth Circuit, tracing gun regulation from 1300s England to the O.K. Corral
Firm defeats petition, filed by Paul Clement, on ascertainability doctrine
Firm files brief in Chevron-Ecuador appeal on implications of international treaty arbitration
Firm files brief for scholars supporting Financial Stability Oversight Council’s too-big-to-fail authority under Dodd-Frank
April 2015:
Gupta argues opposite Ted Olson in Chevron-Ecuador case in defense of an $8.6 billion environmental judgment arising out of decades of oil pollution in the Amazon rainforest
Firm files brief on behalf of Everytown for Gun Safety in Second Amendment challenge to California’s waiting period on firearms
Gupta speaks on plaintiff-side appellate advocacy at Yale Law School and participates in roundtable on consumer arbitration
Gupta debates Andy Pincus on Article III standing at PLI in New York
March 2015:
Firm wins major victory in First Amendment challenge to California’s credit-card surcharge law
Gupta quoted in front page New York Times article on how mandatory arbitration harms military servicemembers
Gupta argues major First Amendment commercial speech case before Second Circuit
Gupta speaks on appellate advocacy at consumer law conference
Conti-Brown testifies before Senate Banking Committee on Fed reform proposals
Conti-Brown debates Philadelphia Fed president at Brookings on Reserve Banks’ role in monetary policy
February 2015:
Gupta argues Ninth Circuit appeal over constitutionality of California’s regulation of background-screening companies
Firm files U.S. Supreme Court amicus brief for professors of bankruptcy law
Firm files Fourth Circuit brief on mortgage lender’s “use” of credit scores under Fair Credit Reporting Act
Gupta argues Eleventh Circuit appeal on “prior express consent” under the Telephone Consumer Protection Act
January 2015:
Firm wins victory for Internet free speech: South Dakota court rejects bid by First Premier Bank for a gag order against the firm’s client, credit-card-comparison site Cardhub.com; report in the Wall Street Journal
U.S. Supreme Court hears arguments in Texas fair housing case, in which the firm represents Members of Congress; Gupta interviewed by Mother Jones
Firm defeats Fourth Circuit petition on Article III standing and wilfulness under Fair Credit Reporting Act
Firm weighs in, with constitutional scholar Erwin Chemerinsky, on free speech and equal protection challenge to Idaho’s “Ag Gag” law
December 2014:
Gupta interviewed in Angeion’s “Leading Litigator” series
Firm files reply in case against Major League Baseball over Fair Labor Standards Act coverage
Firm files Supreme Court brief for Members of Congress in Texas housing case
Firm files appellate brief in constitutional challenge to Florida surcharge law, supported by national consumer groups and major retailers
Firm files Fourth Circuit brief on mortgage lender’s “use” of credit scores under Fair Credit Reporting Act / Firm files a class action against debt collectors that rent out prosecutor letterhead — the subject of a recent ABA ethics opinion and report in L.A. Times
Firm wins First Amendment case against the Florida Bar
November 2014:
Gupta appears in Lost in the Fine Print, a new short film on the effects of forced arbitration
Firm files Second Circuit reply in Chevron v. Donziger appeal over $8 billion Ecuadorian pollution judgment
Deepak Gupta and Brian Wolfman present plenary session on appellate advocacy at National Consumer Rights Litigation Conference
Firm files brief in First Amendment challenge to California credit-card surcharge law
October 2014: Firm wins class-action judgment of $56 million for federal bankruptcy judges
Gupta argues First Amendment defense of Cardhub.com against First Premier Bank’s trademark suit in South Dakota
Gupta argues constitutional challenge to Texas credit-card surcharge law
September 2014:
Rolling Stone reports on Chevron’s attempts to evade responsibility for oil pollution in Ecuador
Firm successfully defeats Experian’s Fourth Circuit petition for interlocutory review of class certification order, raising Article III standing issues
Gupta argues Ninth Circuit wage-and-hour case for Deloitte & Touche audit employees; report at Law360
Firm defends jury verdict in Third Circuit appeal over burden-shifting under FDCPA
Brian Wolfman, of counsel to the firm, joins Stanford’s Supreme Court Litigation Clinic
CBS News reports on the firm’s First Amendment defense of Cardhub.com against First Premier Bank’s trademark suit
August 2014:
Firm wins Fourth Circuit appeal on abusive collection practices
Gupta speaks on plaintiff-side appellate advocacy to the Inner Circle of Advocates
Firm files U.S. Supreme Court brief opposing Spokeo’s petition on Article III standing in statutory-damages class actions
Firm files Second Circuit brief arguing that Major League Baseball is not exempt from the Fair Labor Standards Act
Firm mounts First Amendment defense of CardHub credit-card-comparison website against trademark infringement suit by First Premier Bank
Firm seeks summary judgment in First Amendment challenge to California’s no-surcharge law
July 2014:
Firm wins major Ninth Circuit preemption victory, reversing a string of decisions finding California labor law preempted by federal transportation deregulation; report at San Francisco Chronicle
Firm files a motion for preliminary injunction in First Amendment challenge to Texas no-surcharge law
Gupta interviewed by SCOTUSblog on Noel Canning‘s political consequences
Gupta speaks on plaintiff-side appellate advocacy and other topics at the American Association for Justice annual convention in Baltimore
Firm files a class action against Bounceback, Inc. a for-profit debt collector that rents out the seal and letterhead of local prosecutors to collect debts through threats of criminal prosecution
June 2014:
Firm files Second Circuit brief defending our victory in constitutional challenge to New York’s credit-card surcharge law, and summary-judgment briefing in parallel constitutional challenge in Florida
Gupta speaks at 10th annual class actions conference in Seattle
May 2014:
Gupta speaks on “seeking and opposing discretionary review” at 2014 Appellate Advocacy Institute in New York
Firm files Eleventh Circuit brief on federal telemarketing law’s “prior express consent” requirement
Four judges on the Third Circuit dissent in response to the firm’s rehearing petition in Carrera v. Bayer, concerning the “ascertainability” requirement for class certification
April 2014:
Firm files Second Circuit brief for former Congressman Patrick Kennedy on intent of the Mental Health Parity and Addiction Equity Act
Gupta speaks at Georgetown Law symposium on “Making the Fine Print Fair”; report at Philadelphia Inquirer
Conti-Brown pens Politico article on “The Constitutional Crisis at the Fed”
Gupta argues Fourth Circuit consumer rights appeal in Charleston, South Carolina
Gupta speaks on mass claims in arbitration to the American Society for International Law & Institute for Transnational Arbitration in Washington, DC
Firm opposes Chevron’s $32 Million attorneys’ fees motion in Chevron v. Donziger
Gupta co-chairs Annual Consumer Financial Services Institute in New York and Chicago
March 2014:
Firm represents Nobel laureate Joseph Stiglitz in Argentina bonds case in U.S. Supreme Court; Bloomberg
Firm associate Jon Taylor argues major consumer-rights appeal before the Alaska Supreme Court
Firm defeats banking industry’s petition for U.S. Supreme Court review of Article III standing in statutory-damages cases
Firm defeats billionaire’s U.S. Supreme Court plea to review personal liability in wage-and-hour class action
Firm files three simultaneous First Amendment challenges to the credit-card surcharge laws of Florida, Texas, and California; report at Bloomberg News; press release
Firm wins Eleventh Circuit appeal: Telephone Consumer Protection Act requires personal consent to receive cell-phone calls and allows consent to be revoked orally
Gupta argues Ninth Circuit appeal on federal preemption of state labor law; report in Daily Journal
February 2014:
The firm files a brief asking the U.S. Supreme Court to reject a New York billionaire’s plea to review a decision holding him personally liable as an employer for millions of dollars in wage-and-hour violations
The firm files a brief arguing that the U.S. Supreme Court shouldn’t take up the question of Article III standing in statutory damages cases
The firm files a petition in the U.S. Supreme Court concerning the extent to which life insurers act as ERISA fiduciaries when they send beneficiaries “checkbooks” instead of lump-sum payments
The firm files a brief in the Eleventh Circuit arguing that damages for violations of bankruptcy’s automatic stay belong to the individual injured rather than the estate
January 2014:
Firm wins appellate victory in Fourth Circuit: Federal law requires debt collectors to give consumers the right to oral disputes
Firm files Ninth Circuit brief in Cabral v. Supple, concerning consumer fraud class actions, the placebo effect, and behavioral economics; amicus briefs filed by AARP, Center for Science in the Public Interest and Consumer Attorneys of California
December 2013:
Firm files First Amendment challenge to Florida’s restrictions on lawyer websites & social media; report at Bloomberg BNA
Conti-Brown speaks on Federal Reserve Board at GWU symposium
Firm files Eleventh Circuit brief on Telephone Consumer Protection Act’s “express consent” requirement
Firm files U.S. Supreme Court petition on timing of Truth in Lending Act suits
November 2013:
Gupta speaks on plaintiff-side appellate advocacy at Yale Law School
Gupta debates U.S. Senator David Vitter in New Orleans
Firm wins appellate victory in Second Circuit attorneys’ fees appeal
Gupta speaks on Supreme Court cases at NLJ Regulatory Summit
Rubin, Wolfman and Gupta speak on various topics at the National Consumer Rights Litigation Conference
Conti-Brown delivers lecture on the Federal Reserve at the U.S. Treasury
Arkush publishes essay on recess appointments in Harvard Law Review forum
October 2013:
Firm represents Members of Congress before the U.S. Supreme Court in major civil rights case
Gupta argues appeal on consumer collection dispute rights before the Fourth Circuit
Firm files brief urging U.S. Supreme Court to reject online payday lender’s request to review Montana arbitration ruling
Gupta speaks at ABA conference on consumer finance in Baltimore
Gupta speaks on the U.S. Supreme Court at the 9th Annual Class Actions Conference
September 2013:
Gupta to deliver lecture in Chicago sponsored by the Institute for Consumer Antitrust Studies: “Will Class Actions Survive the Roberts Court?”
Firm files Third Circuit rehearing petition seeking en banc review of a controversial decision on “ascertainability” in consumer products class actions
Firm files Ninth Circuit brief defending the constitutionality of California’s law regulating background-screening companies
Firm wins summary judgment in class action on behalf of federal bankruptcy judges in judicial-pay litigation
August 2013:
Firm wins significant appellate victory on constitutional standing in statutory-damages cases; Eighth Circuit reverses dismissal of two consumer class actions
The firm successfully opposes a major class certification appeal in the Eleventh Circuit
The firm welcomes our newest lawyer, Peter Conti-Brown, who joins us from a clerkship on the D.C. Circuit
Gupta to speak on U.S. Supreme Court’s term in review at the American Bar Association annual meeting in San Francisco
July 2013:
In major appellate victory for the firm, the Second Circuit holds a New York billionaire personally liable to his workers for $3.5 Million in wage-and-hour violations committed by his company
Gupta to speak on the U.S. Supreme Court’s recent civil rights and arbitration cases at American Association for Justice’s annual meeting in San Francisco
The firm’s brief to the Alaska Supreme Court argues that foreclosure mills are covered by federal consumer protections
Firm files Eleventh Circuit brief on federal telemarketing law’s consent requirement
June 2013:
U.S. Supreme Court decides American Express v. Italian Colors, in which the firm served as counsel for respondents; Gupta quoted in Reuters, Bloomberg, Wall Street Journal
Gupta speaks at Federalist Society’s “Executive Branch Review” conference; report at Legal Times
May 2013:
Gupta argues before the Eighth Circuit in Omaha over whether consumers have Article III standing to seek statutory damages for notice violations
U.S. Supreme Court denies certiorari in Zinni v. Convergent Outsourcing, in which firm filed the successful brief in opposition for the respondent
April 2013:
Gupta quoted on NPR’s Marketplace and Talking Points Memo discussing the impact on the CFPB of the constitutional controversy over President Obama’s recess appointments
Firm files supplemental U.S. Supreme Court brief on impact of Genesis Healthcare v. Symczyk
Gupta speaks at 46th Pacific Coast Labor & Employment Conference in Seattle
Firm files Fourth Circuit brief in Fair Debt Collection Practices Act appeal
Firm files Second Circuit brief in fees appeal
Gupta co-chairs 18th Annual Consumer Financial Services Institute in New York
Gupta speaks on civil rights and lending at the American Bar Association
Firm files reply in the Ninth Circuit in Brady v. Deloitte, a wage-and-hour class action appeal
March 2013:
Firm files brief in opposition in the U.S. Supreme Court in Zinni v. Convergent, concerning whether unaccepted settlement offers deprive courts of Article III jurisdiction
Gupta debates former White House Counsel C. Boyden Gray over the new consumer bureau’s constitutionality at Georgetown Law
Gupta speaks on Supreme Court and discretionary appellate review at PLI Appellate Advocacy 2013, New York
Firm files comments in the Tennessee Supreme Court on behalf of the Tennessee First Amendment Society, raising constitutional objections to proposed commercial speech restrictions
February 2013:
Gupta argues before the U.S. Supreme Court in McBurney v. Young, a constitutional challenge to Virginia’s citizens-only public records law: transcript, audio, Washington Post recap
U.S. Supreme Court hears arguments in Amex v. Italian Colors, a case concerning the arbitration of complex antitrust disputes, in which the firm represents the respondents
