Supreme Court Practice

Gupta Wessler PLLC maintains an active practice before the Supreme Court of the United States. We brief and argue cases before the Court, devise amicus strategies, work with the Office of the Solicitor General, and assist others in preparing their cases before the Court.

Our lawyers have experience handling Supreme Court cases on a wide range of issues, including administrative law, antitrust, arbitration, attorneys’ fees, bankruptcy, class actions, communications law, constitutional law of all stripes, consumer law, copyright, employment law, environmental law, federal jurisdiction, labor law, and preemption.

We have particularly extensive experience with defeating petitions seeking review of important victories, and are often retained at the petition stage to keep cases out of the Court. Among private firms that focus on the representation of plaintiffs and public-interest clients, our Supreme Court practice is unmatched.

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Recent matters include:
Ford Motor Company v. Montana Eighth Judicial District and Ford Motor Company v. Bandemer – Personal Jurisdiction. In October 2020, Deepak Gupta argued these two consolidated cases on behalf of the families of injury victims seeking to sue Ford in the states where their injuries occurred, alleging defects in products that Ford regularly sells in those states. Ford argues that personal jurisdiction is foreclosed because the first sale of the particular widgets involved in the accidents took place outside the forum states.
Brief for Respondents | Oral Argument
Intel Corp. v. Sulyma – ERISA. Matt Wessler argued and won a rare 9-0 victory for a class of workers seeking to hold companies accountable under ERISA for taking imprudent risks with retirement savings. The Wall Street Journal called the decision a “pretty significant” victory for “people’s ability to bring lawsuits over fiduciary breaches” under ERISA.
Brief for Respondents | Oral Argument
Smith v. Berryhill – Administrative Law, Social Security. Deepak Gupta was appointed by the Court to brief and argue this case as amicus curiae, in support of the Sixth Circuit’s judgment after the Solicitor General reversed its position and sided with the petitioner.
Brief of Court-Appointed Amicus Curiae | Oral Argument
Hernández v. Mesa – Qualified Immunity, Extraterritoriality. The Court granted our petition on behalf of the family of Sergio Hernández, an unarmed Mexican teenager who was shot to death by a U.S. Border Patrol agent.  The Court issued a per curiam handing our clients a narrow victory. Reversing a contrary 15-0 en banc holding of the Fifth Circuit, the Court held (without any disagreement) that it was error to grant qualified immunity based on facts unknown to the officer at the time of the incident. The Court also remanded to the lower court to determine in the first instance whether to recognize a damages remedy.
Brief for Petitioners |  Petition for Certiorari
Expressions Hair Design, et al. v. Schneiderman – First Amendment. The Court granted our petition for certiorari on behalf of merchants bringing First Amendment challenges to state “no-surcharge” laws, which criminalize truthful speech by merchants and keep consumers in the dark about the high cost of credit cards. The Court unanimously held that New York’s law is a regulation of merchants’ speech, not conduct.
Brief for Petitioners | Reply BriefPetition for Certiorari