James C. Martin

Jim is a partner working out of the Denver, Pittsburgh, and Los Angeles offices who has concentrated on appellate law nationwide in state and federal courts for more than 40 years. Jim focuses his practice on a wide range of substantive areas, including bet-the-company cases involving unfair competition, insurance recovery, coverage and bad faith, financial services, intellectual property, products liability, pharmaceutical and medical devices, false claims, and class actions. He has dealt with many significant issues in each of these areas, including those involving preemption (federal and state), expert witnesses (federal and state), and consumer fraud (federal and state).

In addition to briefing and arguing appeals, Jim regularly consults with trial lawyers on substantive and procedural issues in ongoing cases to help shape trial strategies and make the best record possible for an eventual appeal. These strategic consultations also include briefing and argument, and the preparation of post-trial motions, writs, or interlocutory appeals as needed.

Jim has been selected for inclusion in The Best Lawyers in America for Appellate Practice (2006 to present), as the Pittsburgh Lawyer of the Year for Appellate Practice (2013, 2017, 2023, 2025), and as the Pennsylvania Lawyer of the Year for Appellate Practice (2019, 2020, 2023, 2025). He has been ranked by Chambers USA for California Litigation: Appellate (2022-2025) and for Pennsylvania Litigation: Appellate (Band 1) (2024-2025).

Appellate Experience

Jim is a fellow and former president of the American Academy of Appellate Lawyers and is a member and former president of the California Academy of Appellate Lawyers. He is a founding member of the Third Circuit Bar Association and served as its second president. He also is a member of the Executive Committee of the Los Angeles County Bar Association Section on Appellate Courts and served as its chair. He served for three years on the California State Bar Committee on Appellate Courts and is the former vice- chair of the Federal Bar Association’s Appellate Law and Practice Committee.

He has briefed and handled cases in the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, and D.C. Circuit Courts of Appeals, the Federal Circuit, the Court of Claims, the California Supreme Court and Courts of Appeal, the Washington Supreme Court, the Arizona Appellate and Supreme Courts, the Delaware Supreme Court, the Iowa Appellate and Supreme Courts, the Nevada Supreme Court, the Ohio Appellate and Supreme Courts, the Pennsylvania Appellate and Supreme Courts, the Texas Appellate and Supreme Courts, the Massachusetts Supreme Court, the West Virginia Supreme Court of Appeals, and the Illinois, Michigan, Minnesota, New York, and New Jersey Appellate Courts.

Representative Writing and Teaching

Jim is a frequent author and consultant for California Continuing Education of the Bar (CEB) on a variety of subjects involving civil litigation and civil appellate practice and received its Spirit of CEB Award in 2007. With Colin Wrabley, he received the Burton Award for Distinguished Legal Writing for his 2014 article, “Using Privately Provided Out-of-Court Relief to Defeat Class Certification.” He is the co-author of California’s leading text on experts and a contributing author in texts on civil appellate practice. He has participated in multiple programs dealing with handling civil appeals, record protection for appeal, expert witnesses, and complex litigation. He is a co-editor and chapter co-author of PBI’s Third Circuit Appellate Practice Guide and the Ninth Circuit editor and chapter author for the ABA’s national compendium on Superseding and Staying Judgments. The following is a list of books to which Jim has contributed:

Co-editor and contributor to the Practice Guide for the U.S. Court of Appeals for the Third Circuit
Co-editor and chapter author of Third Circuit Appellate Practice Manual (PBI Press, 2007; 2d ed. 2010; 3d ed. 2016)
Ninth Circuit editor of Superseding and Staying Judgments, national compendium (ABA, 2007)
Co-author of California Expert Witness Guide (CEB)
Contributing author of Civil Appellate Practice (CEB, 3d ed.)

Experience

Representative matters

David Sosa v. Martin County, FLA, No. 22-1145 (2023). Amicus brief for the Rutherford Institute supporting the need for uniformity in standard governing constitutional claims for unlawful detention.

Americans for Prosperity Foundation v. Attorney General of California, No. 19-251, 19-255 (2021). Amicus brief for Association of National Advertisers and their supporting charitable foundation supporting the need for donor confidentiality to further philanthropic goals.

Ford Motor Company v. Montana Eighth Judicial District Court, Nos. 19-368, 19-369 (2020). Amicus brief for DRI-The Voice of the Defense Bar supporting specific jurisdiction standard requiring a causal connection to the legal claims advanced.

Benisek, et al. v. Lamone, S.Ct. No. 17-333 (2018). Amicus brief for Governors Lawrence Hogan, Arnold Schwarzenegger, Gray Davis and John Kasich supporting First Amendment challenge to partisan gerrymandering in drawing legislative districts.

Donald J. Trump, et al. v. International Refugee Assistance Project, et al. S.Ct. Nos. 16-1436, 16-1540 (2017). Amicus brief for U.S. Committee for Refugees and Immigrants opposing chief executive’s reduction of refugee camp and temporary ban on refugee admissions.

Milbauer v. United States, S.Ct. No. 16-236 (2016). Amicus brief for Antonin Scalia Law School Mason Veterans and Servicemembers Legal Clinic and Baylor Law School Veterans Assistance Clinic supporting certiorari petition on veterans ability to bring malpractice claims under the FTCA.

Universal Health Services, Inc. v. United States & Commonwealth of Massachusetts ex rel. Julio Escobar, et al., S.Ct. No. 15-7 (2016). Amicus brief for National Association of Criminal Defense Lawyers supporting revised interpretation limiting implied certification theory in FCA to cases involving express preconditions for payment.

State Farm Fire and Casualty Co. v. United States, S.Ct. No. 15-513 (2015). Amicus brief for National Association of Criminal Defense Lawyers supporting certiorari petition to impose heightened and specific burden of proof for corporate scienter under FCA.

Campbell-Ewald Co. v. Gomez, S.Ct. No. 14-857 (2015). Amicus brief for TransUnion supporting mootness principles invoked by Rule 68 settlement offers in class actions.

B&B Hardware, Inc. v. Hargis Industries, Inc., S.Ct. No. 13-352 (2015). Assisted in responding to certiorari petition, merits briefing, and argument in case defining legal standard for preclusive effect of TTAB proceedings.

Highmark Inc. v. Allcare Health Management System, Inc., S. Ct. , No. 12-1163 (2014). Assisted in filing of certiorari petition, merits briefing and argument in case defining legal standard for exceptional case determinations for recovery of attorneys' fees.

Federal Aviation Administration v. Cooper, 132 S. Ct. 1441 (2012). Assisted with opposition to certiorari petition merits briefing, and argument in case dealing with recovery of damages under Privacy Act.

Kurns v. Railroad Friction Products, 132 S.Ct. 1261 (2012). Assisted with certiorari opposition, merits briefing and argument in upholding preemption of product defect and lawsuits against railroad parts manufacturer.

Caperton v. A.T. Massey Coal Co., 129 S.Ct. 2252 (2009). Assisted with preparation of certiorari petition and merits briefs in case mandating recusal of judge on due process grounds.

In re Grand Jury Investigation, No. 18-3052 (D.C. Cir. 2019). Amicus brief and argument on constitutionality of special counsel appointment under Appointments Clause.

Ladjevardian v. Republic of Argentina, No. 16-1958-cv (2d Cir. 2016). Affirming order in favor of settlement trustee denying turnover of bond proceeds due under settlement agreement.

Dussault v. Republic of Argentina, No. 14-4235-cv (2d Cir. 2015). Affirming order in favor of intervenor-trustee in turnover action over funds held by trustee.

Irving Picard, Trustee for the Liquidation of Bearnard L. Madoff Investment Securities LLC v. Eric T. Schneiderman, et al., No. 13-1785 (2d Cir. 2014). Affirming dismissal of trustee’s claims for declaratory and injunctive relief to block settlement of lawsuits.

NML Capital v. Republic of Argentina, 2013 WL 4487563 (2d Cir. 2013). Representing trustee in international bond dispute obtaining relief from injunctive order.

Bank of New York Trust Company v. Franklin Advisers, Nos. 12-0168, 12-0169, 12-0878, 12-0880 (2d Cir. 2013). Obtained partial reversal of fee award in favor of investment manager in shareholder dispute.

American Int’l Group, Inc., et al. v. Bank of America Corporation, et al., No. 12-1640-cv (2d Cir. 2013). Supported briefing and oral argument in seminal opinion defining federal jurisdiction for banking activity under Edge Act.

Clean Air Council v. United States Steel Corp., No. 20-2215 (3d Cir. 2021). Affirmance of precedent setting ruling resolving exemptions from CERCLA reporting for Clean Air Act emissions.

UGI Sunbury LLC v. A Permanent Easement for 1.7575 Acres, et al., Nos. 18-3126, 18-3127 (3d Cir. 2020). Obtained reversal of adverse condemnation judgment based on speculative and unreliable expert stigma testimony.

Sapa Extrusions, Inc. v. Liberty Mutual Ins. Co., et al., No. 18-2206 (3d Cir. 2019). Obtained partial reversal of summary judgment denying insurance coverage for allegedly faulty window extrusions incorporated into finished products.

Hillocks v. Attorney General United States of America, No. 17-2384 (3d Cir. 2019). Obtained vacatur of order of removal of petitioner construing and applying “categorical approach” to felony conviction under federal law.

Tatis v. Allied Interstate, LLC, No. 16-4022 (3d Cir. 2018). Resolution under FDCPA of whether collection letter with settlement offer for time-barred debt is deceptive or misleading.

Duquesne Light Holdings, et al. v. Comm’r of Internal Rev., 861 F.3d 396 (3d Cir. 2017). Case of first impression involving disallowance of “double deduction” that is compliant with controlling regulations.

Blackledge v. Blackledge, No. 16-3667 (3d Cir. 2017) (Pro bono). Precedent setting case under Hague Convention on standards governing shared intent and habitual residence for a child.

Avaya Inc. v. Telecom Labs, Inc., 838 F.3d 354 (3d Cir. 2016). Case of first impression involving antitrust injury from dealer termination to achieve an unlawful monopoly in services market.

James Hughes, et al. v. United Parcel Service, Inc., No. 15-1690 (3d Cir. 2016). Obtained affirmance of order dismissing breach of contract and fair representation lawsuit and denial of leave to amend on Section 301 preemption and futility grounds.

Grider v. Keystone Health Plan Cent., Inc., 580 F.3d 119 (3d Cir. 2009). Obtained reversal of discovery sanction award in complex class action litigation.

Grider v. Keystone Health Plan, 500 F.3d 322 (3d Cir. 2007). Opinion granting stay of district court antitrust action based on settlement in multi-district litigation.

Uncork and Create LLC v. The Cincinnati Ins. Co., No. 21-1311 (4th Cir. 2022). Case of first impression on “all-risk” coverage for Covid-19 business interruption economic losses.

United States ex rel. Rostholder v. Omnicare Incorporated, No. 12-2431 (4th Cir. 2014). Affirming summary judgment on FCA whistleblower claims involving packaging of allegedly adulterated pharmaceuticals.

McLeod v. PB Investment Corp, 2012 WL 3105077 (4th Cir. 2012). Upholding dismissal of multiple claimants seeking damages under Maryland Commercial Code and HOEPA.

Moffit v. Residential Funding Company, 2010 WL 1782435 (4th Cir. 2010). Upholding denial of remand under CAFA based on plaintiff's conduct conferring jurisdiction on federal court.

Bunner v. Dearborn National Life Ins. Co., No. 21-20327 (5th Cir. 2022). Affirming denial of claims for long-term disability benefits applying plan coverage provision and rejecting waiver and ERISA estoppel arguments.

Michael J.P. v. Blue Cross and Blue Shield of Texas, et al., No. 20-30361 (5th Cir. 2021). Reversing and entering judgment for health insurer and benefit plan on rejection of insurance claim by administrator administering ERISA-covered plan.

Rittinger v. Healthy Alliance Life Ins. Co., No. 17-20646 (5th Cir. 2019). Reversing and entering judgment for health insurer on rejection of insurance claim by panel administering ERISA-covered plan.

North American Elite Ins. Co. v. Menard, Inc., No. 21-1813 (7th Cir. 2022). Affirming judgment for insured and rejecting claims that self-insured retention made insured an insurer for purposes of bad faith failure to settle contention.

Robert K & Monica K. v. Health Care Serv. Corp., No. 22-1335 (7th Cir. 2022). Obtained interim relief remanding preliminary injunctive order in ERISA benefits matter for order failing to comply with express requirements of FRCP 65.

United States of America, ex. rel Kathi Holloway v. Heartland Hospice, Inc., No. 19-3646 (6th Cir. 2020) Affirming dismissal under FCA’s public disclosure bar of allegations of corporate-wide scheme dealing with Medicare and Medicaid hospice payments and rejecting contention that relator is the government’s agent in bringing suit under the FCA.

Martin Leaf v. Refn, No. 17-1959 (6th Cir. 2018). Upholding dismissal of consumer lawsuit over allegedly misleading movie trailer for failure to state a claim under MCPA.

William Eastham, et al. v. Chesapeake Appalachia, L.L.C., No. 2:12-cv-00615 (6th Cir. 2014). Affirmance of summary judgment of construction of oil and gas lease option to extend drilling agreement.

Robinson & Bowersock v. Davol, Inc., No. 1:08-cv-01313 (7th Cir. 2019). Affirming summary judgment dismissing medical device product claims based on exclusion of expert causation testimony.

Thao v. Midland National Life Ins. Co., Nos. 13-1272 & 13-2366 (7th Cir. 2013). Upholding summary judgment in class action disputing construction of annuity contract relating to calculation of fees and costs.

United States ex rel. Ambrosecchia v. Paddock Laboratories, No. 16-1506 (8th Cir.2017). Upholding dismissal of FCA whistleblower claims involving allegedly misbranded pharmaceuticals.

Murr v. Midland National Life Ins. Co., No. 13-2045 (8th Cir. 2014). Affirming summary judgment in class action disputing construction of annuity contract on interest adjustment on surrender.

Ridenour v. Boehringer Ingelheim Pharmaceuticals, et al., 679 F. 3d 1062 (8th Cir. 2012). Upholding running judgment on statute of limitations grounds against tort claims for marketing and selling pharmaceuticals.

Morrison Enterprises, LLC v. City of Hastings, 2011 WL 1237526 (8th Cir. 2011). Affirming summary judgment on exclusivity of CERCLA §113(f) for cost recovery claim in containment clean-up.

Kutten v. Bank of America, N.A., 530 F. 3d 669 (8th Cir. 2008). Obtained affirmance of application of SLUSA preemption to class action based on trust conversion.

Siepel v. Bank of America, N.A., 526 F.3d 6112 (8th Cir. 2008). Obtained affirmance of application of SLUSA preemption to class action based on trust conversion.

In re St. Jude Medical, Inc., 522 F.3d 836 (8th Cir. 2008). Obtained reversal of certification of nationwide consumer fraud class based on individualized fact issues raised by defendant’s evidence.

In re St. Jude Medical, Inc., 425 F. 3d 1116 (8th Cir. 2005). Obtained reversal of district court ruling certifying nationwide consumer product and medical monitoring class based on incomplete conflict of laws analysis and individualized fact issues.

Paskenta Band of Nomlaki Indians v. Umpqua Bank, No. 17-15486 (9th Cir. 2021). Affirming dismissal of claims for negligence, breach of contract and aiding and abetting over Bank’s alleged failure to investigate and discovery fraud by account signatories. Also obtaining award of attorneys’ fees for prevailing under applicable contract.

TMF Trustee Limited v. M/T Megacore Philomena, No. 18-56189, 56561 (9th Cir. 2019). Affirming pre-judgment arrest and sale of vessel applying principles of federal admiralty law.

State of Hawaii, et al. v. Trump, et al., No. 17-16426 (9th Cir. 2017). Amicus brief of U.S. Committee for Refugees and Immigrants supporting district court order finding refugee resettlement as a bona fide relationship with a foreign national.

Braddock v. Jolie, No. 13-55703 (9th Cir. 2017). Upholding district court judgment of non-infringement by movie over novel due to lack of substantial similarity.

Teleflex Medical Inc. v. National Union, No. 14-56366 (9th Cir. 2017). Affirming jury verdict in favor of insured for actual and punitive damages and attorneys fees for bad faith refusal to settle.

Stanislaus Food Prod. Co. v. USS-Posco Indus., No. 13-15475 (9th Cir. 2015). Obtained affirmance of summary judgment for industry defendants on market allocation antitrust claims.

Eminence Investors, L.L.P. v. Bank of New York Mellon, No. 15-15237 (9th Cir. 2015). Panel decision establishing scope of securities exception to removal under CAFA.

Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir. 2013). En banc decision setting standard for express and implied preemption for “parallel” state law claims involving medical devices.

Freeman Investments, LLP v. Pacific Life Ins. Co., 704 F.3d 1110 (9th Cir. 2013). Obtained partial affirmance applying SLUSA to dismiss unfair competition class action.

Secalt S.A. v. Wuzi Shenxi Corp., 2012 WL 373102 (9th Cir. 2012). Upholding grant of summary judgment and exceptional case finding and attorneys' fees in trade dress infringement case.

Stoody-Broser v. Bank of America, 2009 WL 270393 (N.D. Cal. 2009), aff'd, 09-17112 (9th Cir. 2011). Obtained dismissal of class action under SLUSA in case involving trust conversion.

Bristow Endeavor Healthcare v. Blue Cross and Blue Shield Assoc., No. 16-5149 (10th Cir. 2017). Affirmance of summary judgment finding insufficient allegations of antitrust conspiracy and attempted monopoly involving providers and insurers.

Caplinger v. Medtronic, Inc., No. 13-6061 (10th Cir. 2015). Part of team representing device manufacturer and obtained affirmance of FDA preemption ruling for medical device manufacturer.

Cox v. ReconTrust Co., N.A., No. 10-4117 (10th Cir. 2013). Represented bank in interlocutory appeal regarding (1) federal jurisdiction and (2) a state court injunction that interfered with bank operations under the National Bank Act.

Perlman v. PNC Bank, No. 21-10432 (11th Cir. 2022). Affirming dismissal of receiver’s aiding and abetting claims for lack of standing based on failure to allege that receivership entities had at least one innocent office or director.

Midamerica C2L, Inc. Secure Energy v. Siemens Energy, Inc., No. 20-11266 (11th Cir. 2022). Affirming rulings and judgment for defendant on claims of error involving breach of contract, admissibility of expert testimony, repudiation of contract, breach of warranty, misrepresentation, and leave to amend complaint.

Olmo v. Davol, Inc., No. 17-11784 (11th Cir. 2018). Affirming summary judgment for surgical mesh manufacturer on duty to warn and independent knowledge of treating physician.

BASF Corp. v. SNF Holding Co., et al, No. 2019-1243 (Fed. Cir. 2020). Reversing summary judgment and finding triable issues under proper legal standard for prior art knowledge and use (35 U.S.C. 102 (a)) and for public use and on-sale bar (35 U.S.C. 102 (b)).

Cave Consulting Group v. Health Care Service Corp., No. 2018-1660 (Fed. Cir. 2019). Affirming patent ineligibility finding under Section 101 for medical data management patent.

University of Florida Research Foundation v. General Electric Company, No. 2018-1284 (Fed. Cir. 2019). Affirming patent ineligibility finding under Section 101 for data management patent and rejecting sovereign immunity as to assertion of ineligibility defense.

University of Virginia Patent Foundation v. General Electric Company, Nos. 2017-2467, 2018-1211 (Fed. Cir. 2018). Affirming finding of patent invalidity by PTAB for lack of adequate written description in patent application dealing with MRI technology.

In re Unified Messaging Solutions LLC and Advanced Messaging Technologies Inc. Patent Litigation, Nos. 2014-1611, 2016-1065, 2016-2150, 2016-2212 (Fed. Cir. 2017). Affirming non-infringement and attorneys fee award for defendants on patents related to sending and receiving data over the internet.

SNF Holding Co., et al. v. BASF Corp., No. 2016-2565 (Fed. Cir. 2017). Affirming USPTO finding of lack of obviousness and claim construction for the term “removing” for patent related to polymer gel discharge.

White Knuckle Gaming, LLC v. Electronic Arts, Inc., No. 2016-2286 (Fed. Cir. 2017). Affirmance of motion to dismiss on lack of patentability under Section 101 for software patent dealing with sport video game updates.

Kroy IP Holdings, LLC v. Safeway, Inc., No. 2015-1782 (Fed. Cir. 2015). Affirmance of summary judgment on lack of patentability under Section 101 and invalidity under Sections 102 and 103 for software patent dealing with coupon redemption program offered by supermarket chain.

Ericsson, Inc. v. D-Link Systems, Inc., No. 2013-1625 (Fed. Cir. 2014). Trial counsel for Wi-Fi router and laptop marketers sued on cell technology patents alleged to be essential to the Wi-Fi standard. Obtained reversal of patent infringement and RAND damages award due to lack of substantial evidence and erroneous jury instruction. Case administratively closed after finding by patent office that patents to be retried are invalid.

Juxtacom-Texas Software v. Tibco Software, No. 2013-1004, 1025 (Fed. Cir. 2013). Affirmance of summary judgment relying on Allen Engineering decision and failure to claim invention.

Calico Brand & Honson Marketing Group v. Ameritek Imports, No. 2008-1324, 1341 (Fed. Cir. 2013). Obtained reversal of adverse royalty award and affirmance of finding on lack of wilful infringement.

McClain v. Sav-On Drugs, et al., S241471 (2019). Affirming sustaining of demurrer on common law and statutory causes of action over failure to reimburse for sales tax refunds.

Fluor Corporation v. Superior Court, No. S205889 (2015). Amicus brief to assist corporation in case dealing with insured’s assignment of right to coverage for pre-merger liabilities.

Clark v. Superior Court, 50 Cal. 4th 605 (2010). Amicus brief on behalf of annuity providers in case providing that restitution awards are not subject to trebling under C.C. Section 3345.

City of Hope v. Genentech, Inc., 43 Cal. 4th 375 (2008). Represented hospital in affirmance of $300 million award of breach of contract damages.

Agua Caliente Band of Cahuilla Indians v. Superior Court, 40 Cal. 4th 239 (2006). Represented federally-recognized tribe in appeal dealing with the scope and application of tribal lawsuit immunity.

Vons Companies, Inc. v. Seabest Foods, Inc., 14 Cal. 4th 434 (1996). Holding that the California courts may exercise personal jurisdiction over a foreign business in a case that is substantially related to the business's franchise relationship with a California franchisor.

Brown v. Superior Court, 44 Cal. 3d 1049 (1988). Landmark decision holding that strict product liability principles for public policy reasons do not apply to claims against prescription drug manufacturers).

Jolly v. Eli Lilly & Co., 44 Cal. 3d 1103 (1988). Landmark decision on the "discovery rule" that a lawsuit is time-barred where a plaintiff suspects wrongdoing but did not file suit within the one-year statute of limitations.

McClain v. Sav-On Drugs, et al., B265011 & B265029 (2017). Affirming sustaining of demurrer on common law and statutory causes of action over failure to reimburse for sales tax refunds.

Tabares v. Equitrust Life Ins. Co., No. B254409 (2015). Obtained affirmance of summary judgment and class action dismissal of contract and UCL claims involving indexed annuities.

Phillips v. Bank of America, No. B251836 (2015). Panel decision establishing scope of NBA preemption as applied to account debits in Coogan Trust Accounts.

Bagumyan v. Medtronic, 2010 WL 4009891 (2010). Upholding summary judgment on federal preemption grounds on defective design and manufacture claims against device maker.

Richtenburg v. Wells Fargo Bank, 2010 WL 3158620 (2010). Obtained affirmance of application of SLUSA preemption over state law claims attacking trust fund investments.

In re Coordinated Latex Glove Litigation, 99 Cal. App. 4th 594 (2002). Upholding multi-case order limiting the use of manufacturing defect test for product defectiveness where products are made according to manufacturer's established design specifications and plaintiff offers no proof of deviation from those specifications.

Morson v. Medline, 90 Cal. App. 4th 775 (2001). Upholding multi-case order ruling that design defects requiring an application of scientific understanding cannot be proved using the "consumer expectations" test, but instead only can be proved through the risk/benefit test following appropriate expert testimony.

Van Ness v. Blue Cross of California, 87 Cal. App. 4th 364 (2001). Upholding summary judgment that insured was not entitled to additional payment for treatment administered by physician who was not a member of Blue Cross's Prudent Buyer network.

Boaz, et al. v. Boyle & Company, Inc., et al, 40 Cal.App.4th 700 (1995). Affirming the dismissal of personal injury claims brought against pharmaceutical manufacturers on grounds of forum non conveniens, even though the non-resident plaintiffs could not recover under any legal theory in their resident states.

Wilborn v. Bank One Corp., 906 N.E. 2d 396 (2009). Declaring Ohio public policy supports enforcement of a mortgage contract provision requiring a borrower to pay a lender's attorneys' fees incurred on reinstatement of mortgage after default.

Commonwealth of Pennsylvania v. Lopez, No. 27 EAP 2021 (2021). Amicus brief for Controller of Allegheny County dealing with impact of imposition and attempted collection of court costs on indigent defendants.

Commonwealth of Pennsylvania v. McCabe, No. 50 MAP 2020 (2020). Amicus brief for ACLU of Pennsylvania on due process requirements for enforcement of restitution orders.

Firearm Owners Against Crime, et al. v. City of Harrisburg, et al., No. 29 MAP 2020 (2020). Amicus brief for ACLU of Pennsylvania addressing requirements for associational standing in cases involving pre-enforcement review of constitutional violations arising from municipal legislation.

Commonwealth of PA v. Burton, No. 9 WAP 2016 (2015). Affirming remand order in favor of incarcerated inmate for purposes of proving actual innocence using newly discovered evidence.

Valley Forge Towers Apartments, et al. v. Upper Merion Area School District et al., No. 49 MAP 2016 (2016). Amicus brief for Pennsylvania Retailers’ Association explaining invalidity of school district assessment under Uniformity Clause.

Babcock & Wilcox Co. v. American Nuclear Insurance, No. 2 WAP 2014, 2015 WL 4430352 (2015). Amicus brief outlining and describing reasonable settlement standard adopted by PA Supreme Court.

Recognitions

Selected for inclusion in the Southern California Super Lawyers list for Appellate, 2023
Ranked in Chambers USA for California Litigation: Appellate, 2022-2025, and for Pennsylvania Litigation: Appellate (Band 1), 2024-2025
Selected through peer review for inclusion in The Best Lawyers in America© for Appellate Practice, 2006-2025; named Lawyer of the Year for Appellate Practice, 2023 and 2025

Credentials

Education

Santa Clara University School of Law, 1978, J.D., summa cum laude, Editor-in-Chief of the Santa Clara Law Review
Colorado College, 1974, B.A., History, Phi Beta Kappa; Pi Gamma Mu; Outstanding Senior Majoring in History

Professional admissions & qualifications

Colorado
California
Pennsylvania

Court admissions

U.S. Supreme Court
U.S. Court of Claims
U.S. District Court - Central District of California
U.S. District Court - Eastern District of California
U.S. District Court - Northern District of California
U.S. District Court - District of Minnesota
U.S. Court of Appeals - District of Columbia Circuit
U.S. Court of Appeals - First Circuit
U.S. Court of Appeals - Second Circuit
U.S. Court of Appeals - Third Circuit
U.S. Court of Appeals - Fourth Circuit
U.S. Court of Appeals - Fifth Circuit
U.S. Court of Appeals - Sixth Circuit
U.S. Court of Appeals - Seventh Circuit
U.S. Court of Appeals - Eighth Circuit
U.S. Court of Appeals - Ninth Circuit
U.S. Court of Appeals - Tenth Circuit
U.S. Court of Appeals - Eleventh Circuit
U.S. Court of Appeals - Federal Circuit

Professional affiliations

AV Preeminent rating from Martindale-Hubbell
American Academy of Appellate Lawyers – Fellow; President (2014)
California Academy of Appellate Lawyers – Member; President (2003-2004)
American Law Institute – Member
Third Circuit Bar Association – President (2009-2010); Board of Governors (2007-2012)

Practices

Appellate

Insurance Recovery

Litigation & Disputes

Product Liability & Mass Torts

Business & Commercial Disputes

Class & Collective Action Litigation

Trials & Arbitrations

Industries

Financial Services Disputes

Life Sciences Product Liability Litigation Defense