Colin E. Wrabley

Colin has extensive counseling, litigation, and appellate experience spanning a broad range of substantive legal issues in state and federal courts across the country. He has argued in several federal courts of appeals and has authored petitions for discretionary review, petitions for certiorari, and briefs on the merits in dozens of appeals in the U.S. Supreme Court; in virtually all of the federal courts of appeals; in the highest state courts in California, Delaware, Pennsylvania, Virginia, and West Virginia; and in intermediate appellate courts in California, Florida, Illinois, Iowa, Missouri, New York, and Pennsylvania. Colin also has authored numerous amicus briefs in the U.S. Supreme Court and the federal courts of appeals in cases involving a variety of issues under the federal False Claims Act (FCA), the federal securities laws, the federal Trust Indenture Act, the attorney work product privilege, federal administrative law, and constitutional law.

Experience

Representative matters

Sneed v. Holman, No. 24-1034 (U.S.). Lead author of certiorari petition and supporting petition in pro bono capital case.

Truck Ins. Exch. v. Kaiser Gypsum Co., 602 U.S. 268 (2024). Amicus brief for United Policyholders in case involving standing in bankruptcy proceedings.

Johnson & Johnson v. Ingham, No. 20-1223 (U.S. 2020). Amicus brief for the Defense Research Institute in case raising issue whether constitutional due process principles limit irrational and excessive jury verdicts in consolidated multi-plaintiff cases.

Sneed v. Holman, No. 24-1034 (U.S.). Lead author of certiorari petition and supporting petition in pro bono capital case.

Truck Ins. Exch. v. Kaiser Gypsum Co., 602 U.S. 268 (2024). Amicus brief for United Policyholders in case involving standing in bankruptcy proceedings.

Waples Mobile Home Park Ltd. P’ship v. De Reyes, S. Ct. No. 18-1217 (2019). Assisted in preparing certiorari petition in case involving scope of disparate-impact discrimination liability under the Fair Housing Act.

Moda Health Plan, Inc. v. United States, S. Ct. No. 18-1028 (2019) (pending). Amicus brief for health insurance companies supporting certiorari petition in multi-billion dollar dispute over government’s liability under Tucker Act and whether budget appropriation bill impliedly repealed government’s statutory obligation.

Brookdale Senior Living Cmtys., Inc. v. U.S. ex rel. Prather, S. Ct. No. 18-699 (2018). Amicus brief for American Health Care Association supporting certiorari in FCA case on proper scope of statute’s materiality and scienter standards after Escobar.

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.

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. U.S. ex rel. Julio Escobar, 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.

United States v. June & Wong, S. Ct. Nos. 13-1074, 1075 (2014). Amicus brief for Clinic for Legal Assistance to Servicemembers and Veterans on application of equitable tolling to tort lawsuits under the FTCA.

City of Arlington v. Federal Communications Commission, 569 U.S. 290 (2013). Amicus brief for the Cato Institute and various law professors addressing the scope of “Chevron deference” to a federal agency’s determination of its own jurisdiction.

Matrixx v. Siracusano, 563 U.S. 27 (2011). Amicus brief for the Defense Research Institute regarding federal securities liability arising out of undisclosed adverse drug event reports.

Redevelopment Authority of the County of Montgomery, Pennsylvania v. R & J Holding Co., S. Ct. No. 11-1234 (2010). Assisted in preparing certiorari petition involving the Takings Clause of the Fifth Amendment and the preclusive effect of a prior state court ruling in an underlying inverse condemnation suit.

Textron Inc. and Subsidiaries v. United States, S. Ct. No. 09-750 (2010). Amicus brief supporting certiorari petition on scope of the work product privilege.

Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009). Assisted with drafting of merits briefs in case mandating recusal of judge on due process grounds.

Guardian Flight, L.L.C. v. Health Care Serv. Corp., 140 F.4th 271 (5th Cir. 2025). Secured unanimous affirmance of dismissal of claim under the federal No Surprises Act on issue of first impression whether Act creates an implied right of action.

United States ex rel. Schweizer v. Canon, Inc., 9 F.4th 269 (5th Cir. 2021). Secured unanimous affirmance of dismissal of False Claims Act suit based on allegations of overcharging United States for products.

United States ex rel. Holloway v. Heartland Hospice, Inc., 960 F.3d 836 (6th Cir. 2020). Secured unanimous affirmance of dismissal of False Claims Act suit alleging Medicare fraud.

Sanford Health Plan v. United States, No. 19-1290(L) (Fed. Cir.) (pending). Amicus brief for health insurance companies in Tucker Act dispute over federal government’s refusal to make Medicare “cost-sharing reduction” payments under Affordable Care Act.

Mountain Valley Pipeline, LLC v. W. Pocahontas Properties Ltd. P'ship, 918 F.3d 353, 360 (4th Cir. 2019). Defended injunction allowing natural gas pipeline company to immediately access condemned property to construct pipeline.

Mountain Valley Pipeline, LLC v. 6.56 Acres of Land, Owned by Sandra Townes Powell, 915 F.3d 197, 209 (4th Cir. 2019). Defended injunction allowing natural gas pipeline company to immediately access condemned property to construct pipeline.

In re Donald J. Trump, No. 18-2486 (4th Cir.) (pending). Amicus brief in support of claims under the Constitution’s Emoluments Clauses arising out of President’s business dealings.

Citizens For Responsibility And Ethics In Washington v. Trump, No. 18-474 (2d Cir.) (pending). Prepared amicus brief in support of claims under the Constitution’s Emoluments Clauses arising out of President’s business dealings.

In re Grand Jury Investigation, 916 F.3d 1047 (D.C. Cir. 2019). Prepared amicus brief on constitutionality of special counsel appointment under Appointments Clause.

United States v. Garman, 719 F. App’x 459, 460–61 (6th Cir. 2017). Secured affirmance of dismissal of FCA complaint under statute’s public disclosure bar.

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.

Galman v. Sysco Food Servs. of Metro New York LLC, 674 F. App’x 211 (3d Cir. 2016). Affirming dismissal of state-law discrimination and federal ERISA employment claims.

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.

U.S. ex rel. Carson v. Manor Care, 851 F.3d 293 (4th Cir. 2016). Affirming first-to-file dismissal of FCA whistleblower claims alleging over-billing for therapy services.

U.S. ex rel. Michaels v. Agape Senior Community, Inc., 848 F.3d 430 (4th Cir.). Amicus brief for American Health Care Association on propriety of using sampling and extrapolation to establish liability and damages under the FCA.

U.S. ex rel. Rostholder v. Omnicare Inc., 745 F.3d 694 (4th Cir. 2014). Affirming dismissal of FCA whistleblower claims involving packaging of allegedly adulterated pharmaceuticals.

Retirement Board of the Policemen’s Annuity and Benefit Fund of the City of Chicago v. Bank of New York Mellon, 775 F.3d 154 (2d Cir. 2014). Amicus brief for the American and New York Bankers Associations in support of petition for interlocutory appeal in case involving issues of first impression under the federal Trust Indenture Act.

Bragg v. United States, 2013 WL 2480208 (4th Cir. June 11, 2013), 741 S.E.2d 90 (W. Va. 2013), 488 F. App’x 672 (4th Cir. July 17, 2012). In this Federal Tort Claims Act suit on behalf of two widows of miners killed in a West Virginia mine fire, authored merits briefs in the Supreme Court of Appeals of West Virginia and Fourth Circuit leading those courts to become the first to recognize the United States government’s tort liability to miners for negligent mine inspections that lead to miners’ deaths.

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

United States ex rel. Ambrosecchia v. Paddock Laboratories, 855 F.3d 949 (8th Cir. 2017). Affirming dismissal of FCA whistleblower claims involving allegedly misbranded pharmaceuticals based on statute’s public disclosure bar provision.

NML Capital v. Republic of Argentina, 727 F.3d 230 (2d Cir. 2013). Representing trustee in international bond dispute obtaining relief from injunctive order.

American Int’l Group, Inc., et al. v. Bank of America Corporation, et al., 712 F.3d 775 (2d Cir. 2013). Supported briefing and oral argument in seminal opinion defining federal jurisdiction for banking activity under Edge Act.

Faiveley Transport USA, Inc. v. Wabtec Corp., 511 F. App’x 54 (2d Cir. 2013). Obtained partial reversal of damage award in trade secret action and affirmance of dismissal of punitive damage claim.

Central West Virginia Energy, Inc. v. Bayer CropScience LP, 645 F.3d 267 (4th Cir. 2011). Affirmed a $10 million arbitration award in our client’s favor in case involving novel issues under the Federal Arbitration Act in the Fourth Circuit.

Glorvigen v. Cirrus Design Corp., 581 F.3d 737 (8th Cir. 2009). Case establishing duties of federal flight service specialists under Federal Tort Claims Act.

Faiveley Transport Malmo AB v. Wabtec Corp., 559 F.3d 110 (2d Cir. 2009). Obtained reversal of preliminary injunction relating to alleged disclosure of trade secrets.

Wabtec Corporation v. Faiveley Transport, 525 F.3d 135 (2d Cir. 2008). Represented licensee in jurisdictional dispute over arbitrability of action for injunctive relief pending arbitration.

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.

C.A. v. Amerigroup Iowa, Inc., 2025 Iowa App. LEXIS 566 (Iowa Ct. App. July 2, 2025). Secured affirmance of summary judgment in tort and contract suit by Medicaid beneficiaries seeking to enforce rights under managed-care agreements between administrator and State of Iowa.

In re Trust B Under Agreement of Richard H. Wells Dated September 28, 1956, 311 A.3d 1057 (Pa. 2024). Prepared brief in successful appeal on issue of first impression under Pennsylvania’s Charitable Trust Termination Act.

League of Women Voters v. Commonwealth of PA, No. 159 MM 2017 (2018). Amcius brief supporting petition to invalidate legislative redistricting map under PA Constitution due to partisan gerrymandering.

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.

Caperton v. A.T. Massey Coal Co., 740 S.E.2d 1 (Va. 2013). After convincing the Supreme Court of Virginia to take up the case involving issues of first impression under Virginia law, won a unanimous reversal of the dismissal of plaintiffs' claims on res judicata grounds.

Transamerica Airlines, Inc. v. Akande, 991 A.2d 19 (Table) (Del. Mar. 5, 2010). Affirming denial of foreign judgment creditor’s multi-million dollar claim based on Nigerian judgment.

Salley v. Option One Mortg. Corp., 925 A.2d 115 (Pa. 2007). Upholding arbitration clause from unconscionability attack in residential lending contract.

Castellani v. Scranton Times, L.P., 916 A.2d 648 (Pa. Super. 2007). Reversing trial court’s order compelling disclosure of confidential sources on grounds that order violated the Pennsylvania Shield Law.

Hayden v. Robertson Stephens, Inc., 150 Cal. App. 4th 360 (2007), petition for review denied, S153236 (Cal. Aug. 9, 2007). Assisted in authoring briefs in case affirming $27 million arbitration award and rejecting contention that arbitrator failed to disclose certain relationships in violation of California law; assisted in authoring successful opposition to petition for review.

Lock Haven University Foundation v. Clinton County Bd. Of Assessment Appeals And Revision of Taxes, 920 A.2d 207 (Pa. Commw. Ct. 2007) – Reversing trial court’s denial of tax exemption under Pennsylvania’s Institution of Purely Public Charities Act.

Recognitions

Selected through peer review for inclusion in The Best Lawyers in America© for Appellate Practice, 2022-2025

Credentials

Education

University of Chicago Law School, 1999, J.D.
Duquesne University, 1996, B.A., Political Science, summa cum laude; Valedictorian and General Excellence Award (highest honor for graduate of College of Liberal Arts)