Kim represents clients in both trial and appellate courts in complex cases involving a wide variety of legal issues. She is the chair of our Appellate Group and is a fellow of the American Academy of Appellate Lawyers. As an appellate lawyer, she handles appeals, writs, and post-trial motions for clients in state and federal courts around the country. Kim has successfully petitioned appellate courts, including the U.S. Supreme Court and several federal appellate and state high courts, to grant discretionary review. She has secured immediate appellate review of class certification orders, and ultimately the reversal of the certification orders, and has been successful in securing interlocutory appellate review of legal rulings on motions to dismiss and motions for summary judgment. Kim has argued before the U.S. Court of Appeals for the Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, and Eleventh Circuits, and before the state appellate courts in California, Louisiana, New Jersey, Ohio, and Pennsylvania. Kim is the principal author of briefs submitted to each of those courts, as well as virtually every other federal circuit court of appeals and other state appellate courts, including those in Alabama, Arizona, Arkansas, Connecticut, Florida, Illinois, Michigan, Missouri, New York, North Carolina, Texas, and West Virginia.
Experience
Representative matters
Representative matters
Adena Regional Medical Center v. Leavitt, 129 S.Ct. 1933 (2009) and Cookeville Regional Medical Center v. Leavitt, 129 S.Ct. 1524 (2009). Represented hospitals challenging regulator’s adjustments to Medicare compensation paid to hospitals that disproportionately serve indigent patients.
Ambulance Association of Pennsylvania v. Highmark, 464 F. App’x 63 (3d Cir. 2012). Represented health care insurer in case concerning reimbursement by managed care plans under Pennsylvania insurance statute.
Amvest Corp. v. Anderson Equipment Co., 358 Fed. Appx. 344 (3d Cir. 2009). Affirming dismissal of contract action.
Adena Regional Medical Center v. Leavitt, 129 S.Ct. 1933 (2009) and Cookeville Regional Medical Center v. Leavitt, 129 S.Ct. 1524 (2009). Represented hospitals challenging regulator’s adjustments to Medicare compensation paid to hospitals that disproportionately serve indigent patients.
Ambulance Association of Pennsylvania v. Highmark, 464 F. App’x 63 (3d Cir. 2012). Represented health care insurer in case concerning reimbursement by managed care plans under Pennsylvania insurance statute.
Amvest Corp. v. Anderson Equipment Co., 358 Fed. Appx. 344 (3d Cir. 2009). Affirming dismissal of contract action.
Arnold v. Penn. Dept. of Transportation, 477 F.3d 105 (3rd Cir. 2007). Successfully represented publicly held corporation in media access proceedings in federal district and appellate courts.
Bank of America, N.A. v. Beverly, _ So.3d _, 2015 WL 3609101, 40 Fla. L. Weekly D1370 (Fla. 4th Dist. Ct. App. June 10, 2015). Obtained reversal of order denying arbitration of claims related to Ponzi scheme, based on arbitration provision in plaintiffs’ loan agreement that subjected any claims between the parties to arbitration and provided that the arbitrator would decide questions of arbitrability.
Bank of America v. Rose, No. 13-662. Represented bank in petition for certiorari in case concerning indirect enforcement of federal Truth in Savings Act through California consumer protection statute.
Barnish v. KWI Building, Inc., 916 A.2d 642 (Pa. Super. 2007). Affirming summary judgment entered in favor of client and resolving question of importance under Pennsylvania product liability law.
Barnish v. KWI Building, Inc., 980 A.2d 535 (Pa. 2009). Affirming summary judgment entered in favor of client and resolving question of importance under Pennsylvania product liability law.
Bertolino v. Volvo, 894 A.2d 813 (Pa. Super. 2005). Affirming judgment after jury trial in strict product liability action.
Blakes v. DynCorp International LLC, No. 17-31003. Obtained Fifth Circuit decision affirming dismissal of wage and hour collective action on personal jurisdiction grounds.
Castellani v. Scranton Times, L.P., 956 A.2d 937 (Pa. 2008). Upholding absolute right of reporters to protect the identity of confidential sources under Pennsylvania Shield law.
Com. v. Haagensen, 900 A.2d 468 (Pa. Cmwlth. 2006). Reversing on First Amendment grounds conviction under Pennsylvania's "hunter harassment statute."
Commonwealth ex rel. Kane v. UPMC, 634 A.3d97, 2015 WL 7721632 (Pa. 2015). Represented insurer in high-profile litigation involving the state of Pennsylvania and obtained ruling in insurer’s favor that medical provider was required to remain in a contract to provide services to insurer’s Medicare Advantage customers.
Cook v. ACS State & Local Solutions, Inc., 663 F.3d 989, 991 (8th Cir. 2011). Represented amicus in case where appellate court affirmed dismissal and ruled that reseller of data did not violate Drivers’ Privacy Protection Act.
Daghlian v. DeVry University, Inc., 574 F.3d 1212 (9th Cir. 2009). Secured dismissal of appeal from a summary judgment in a consumer class action on the ground that repeal of the statutory basis for the action resulted in abatement.
Denneny v. MBDA, Inc. et al., ARB Case No. 2018-0027. Obtained Administrative Review Board decision affirming summary decision on a SOX whistleblower/retaliation claim for a U.S. subsidiary of a global munitions manufacturer, successfully arguing that the appellant did not engage in protected conduct under the SOX whistleblower statute.
E.E.O.C. v. Novartis Pharmaceuticals Corp., 2008 WL 4601787 (W.D. Pa. 2008). Entering judgment in favor of defendant in Title VII action.
Excavation Technologies, Inc. v. Columbia Gas Co. of Pennsylvania, 936 A.2d 111 (Pa. Super. 2007) (en banc). Successfully sought reargument en banc and secured affirmance of dismissal of action against utility company; addressing question of first impression involving economic loss doctrine.
Excavation Technologies, Inc. v. Columbia Gas Co. of Pennsylvania, 985 A.2d 840 (Pa. 2009). Affirming dismissal of action against utility company; addressing question of first impression involving economic loss doctrine.
Fisher v. University of Texas, 132 S. Ct. 1536 (2013). Authored amicus brief for diverse coalition of colleges and universities in higher education affirmative action case.
Graczyk v. West Publishing Co., 660 F.3d 275 (7th Cir. 2011). Obtained affirmance of judgment under a Driver's Privacy Protection Act for publishing company's resale of DMV information.
Harmar Ice Associates v. Lignelli, 686 A.2d 819 (Pa. 1996). Addressing fiduciary duties of appraisers.
Henson v. Santander Consumer USA, Inc., No. 15-1187 (4th Cir. 2016) aff’d No. 16-349 (U.S. 2017). Obtained affirmance of dismissal of putative class action and ruling that a consumer finance company is not a “debt collector,” subject to the Fair Debt Collection Practices Act
Hileman v. Pittsburgh and Lake Erie R. Co., 685 A.2d 994 (Pa. 1995). Reversing multi-million dollar judgment in FELA action against railroad.
Hill v. Best Medical International, Inc., Nos. 11-4271, 4272, 4273 & 14-1015 (3d Cir.). Represented radiation oncology company in case involving claims of tortious interference, trade secrets, breach of confidentiality, and non-compete contracts.
In re Citizens Bank, N.A., 15 F.4th 607 (3d Cir. 2021). Obtained mandamus opinion directing the district court to rule on class certification before trial in wage-and-hour class action, in conformance with the rule against one-way intervention.
In re Nomination of Nader, 860 A.2d 1 (Pa. 2004). Affirming decision to disqualify Nader from Pennsylvania 2004 General Election (cert. denied).
In re Nomination Paper of Ralph Nader and Peter Camejo, 905 A.2d 450 (Pa. 2006). Affirming order assessing costs against Nader and his campaign; award of costs followed the Pennsylvania Supreme Court's decision holding that Nader's name could not appear as a candidate for President on Pennsylvania's ballot (cert. denied).
In re Wirth Estate, 842 N.E.2d 48 (N.Y. 2005). Affirming judgment in favor of charitable institution and holding pledge enforceable under contract law.
Jacobson ex rel. Jacobson v. BMW of North America, LLC, 376 Fed. Appx. 261(3d Cir. 2010). Affirming defense judgment after jury trial in strict product liability action.
Johnson v. West Publishing Corp., 504 F. App’x 531 (8th Cir. 2013). Obtained reversal and judgment on the pleadings providing that reseller of data did not violate Drivers’ Privacy Protection Act. Successfully opposed subsequent petition for certiorari.
Joseph v. Scranton Times, 987 A.2d 633 (Pa. 2009). Vacating judgment entered against client in defamation action.
Joseph v. Scranton Times L.P., 634 A.3d35, 2015 WL 7432373 (Pa. 2015). Obtained reversal of intermediate appellate court decision, and reinstatement of verdict in favor of client, in a case involving issues of first impression regarding defamation law and media defendants.
Kiski Area School Dist. v. Mid-State Surety Corp., 967 A.2d 368 (Pa. 2008). Addressing suretyship law.
Lawrence v. Bank of America, N.A., 455 F. App’x 904 (11th Cir. 2012). Secured affirmance of dismissal of complaint alleging aiding and abetting a Ponzi scheme.
Level 3 Communications, LLC v. Commonwealth, 125 A.3d 832, 833 (Pa. Commw. Ct. 2015). Obtained reversal of order of state Board of Finance and Revenue based upon appellate court’s ruling that client’s service—providing internet access to internet service providers—constituted non-taxable “internet access” rather than taxable “telecommunications service.”
Lidle v. Cirrus Design Corporation, 505 Fed. Appx. 72 (2d Cir. 2012). Obtained affirmance of defense jury verdict in high-profile, complex airplane design defect case.
Lock Haven University Foundation v. Clinton County Board of Assessment Appeals and Revision of Taxes, 920 A.2d 207 (Pa. Cmwlth. 2007). Reversing trial court's decision that client was not entitled to a real estate tax exemption under Pennsylvania's Institutions of Purely Public Charity Act for dormitories built by the Foundation; important decision clarifying legal standards to be applied when determining real estate tax exemption for properties owned by charities and other non-profits in Pennsylvania.
McKinney v. Univ. of Pittsburgh, 915 F.3d 956 (3d Cir. 2019). Obtained reversal for university in case involving the scope of due process protections for tenured professors.
Nader v. Democratic Nat. Committee, 567 F.3d 692 (D.C. Cir. 2009). Affirming dismissal of claims.
Pediatrix Screening, Inc. v. Telechem Intern., Inc., 602 F.3d 541 (3d Cir. 2010). Involving Rule 50 and "gist of the action" issues.
Perlman v. Bank of America, 559 F. App’x 988 (11th Cir. 2014). Represented defendant in appeal involving claims of aiding and abetting a Ponzi scheme, mere conduit defense, and dismissal of complaint based on apparent applicability of defense.
Ralphs Grocery Company v. Brown, No. 11-880. Represented grocery store in petition for writ of certiorari.
Raquel v. Education Management Corp., 196 F.3d 171 (3d Cir. 1999) (Copyright Act) (cert granted, vacated, and remanded).
Reilly v. GlaxoSmithKline, LLC, No. 19-2897. (3d Cir. 2020). Obtained Third Circuit decision affirming summary judgment on behalf of pharmaceutical client on SOX whistleblower/retaliation action, successfully arguing that the appellant did not engage in protected conduct under the SOX whistleblower statute.
Reinig v. RBS Citizens, N.A., 912 F.3d 115 (3d Cir. 2018). Obtained interlocutory review and reversal of class certification order in wage-and-hour class action.
Schmidt v. Boardman Co., 958 A.2d 498 (Pa. Super. 2008). In strict product liability action, addressing product line exception to rule against successor liability; successfully sought review by Pennsylvania Supreme Court.
Schreibeis v. Duquesne Light, Co., 216 Fed. Appx. 177 (3d Cir. 2007). Dismissing appeal on jurisdictional grounds.
Sea Foods Co., Ltd. v. O.M. Foods Co., Ltd., 150 Cal. App. 4th 769 (2007). Obtained reversal of third-party liability judgment for foreign corporation and against California seafood importer; also reversed personal jurisdiction dismissal of fraud action brought by same seafood importer against same foreign corporation.
Stimson v. Stryker Sales Corporation, No. 19-14997 (11th Cir. 2020). Obtained affirmance of summary judgment and sanctions award in case involving defamation, age discrimination under the Age Discrimination in Employment Act (ADEA), and retaliation claims asserted by former employee.
Trujillo v. First American Registry Inc., 157 Cal. App. 4th 628 (2007). Affirming summary judgment in consumer credit reporting and unfair competition action.
U.S. ex rel. Atkins v. McInteer, 470 F.3d 1350 (11th Cir. 2006). Affirming trial court's dismissal with prejudice of federal False Claims Act claims asserted against client in a matter involving important questions of first impression under the FCA.
Young v. Merrill Lynch & Co., 658 F.3d 436 (5th Cir. 2011). Obtained reversal and judgment providing that financial services firm did not breach terms of employment stock option agreement.
Recognitions
- Named Woman of the Year by the University of Pittsburgh’s Pitt Law Women’s Association, honoring a prominent and influential female Pitt Law alum, 2015
- Selected through peer review for inclusion in The Best Lawyers in America© for Appellate Practice, 2008-2025
- Recipient of the Best Lawyers™ Lawyer of the Year award in Pittsburgh for Appellate Practice, 2015 and 2018
Credentials
Education
Education
- University of Pittsburgh School of Law, 1991, J.D., summa cum laude; ranked first in her class; Order of the Coif; Order of the Barristers; Best Oralist, American Bar Association Appellate Advocacy Competition (Eastern Region); Best Appellate Advocate, University of Pittsburgh competition; Best Trial Advocate, University of Pittsburgh Trial Advocacy Competition; Thomas M. Cooley, II Award for Outstanding Legal Writing for a different piece of legal scholarship, Member of the University of Pittsburgh Law Review
- University of Pittsburgh, 1988, M.A., Political Science
- University of Pittsburgh, 1981, B.A., Politics, Philosophy and Economics
Professional admissions & qualifications
Professional admissions & qualifications
- Pennsylvania
- California
Court admissions
Court admissions
- U.S. Supreme Court
- 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 - Eleventh Circuit
- U.S. Court of Appeals - District of Columbia Circuit
- U.S. District Court - Western District of Pennsylvania
- U.S. District Court - Central District of Illinois
Professional affiliations
Professional affiliations
- Fellow, American Academy of Appellate Lawyers
- President, Board of Directors, American Civil Liberties Union, Pennsylvania Affiliate
- Member, National Association of College and University Attorneys
- Director of Advising, University of Pittsburgh Honors College (during graduate and law school)
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