M. Patrick Yingling

As a problem-solving litigator and appellate partner, Patrick has delivered results for clients in complex matters across the country. He has briefed or argued appeals in each of the federal appellate courts and many state appellate courts. Patrick also frequently serves as appellate counsel at trial, arguing motions and preserving issues for appeal. In multiple rulings, courts have expressly noted his “excellent representation,” “excellent briefing and argument,” and “stellar arguments.”

Experience

Representative matters

Blumenthal v. Trump, No. 20-5 (S. Ct.). Counsel of record on amicus brief for the Niskanen Center in support of U.S. Senators challenging Emoluments Clause violations.

Daniel v. Armslist, LLC, No. 19-153 (S. Ct.). Successfully opposed petition for a writ of certiorari in case involving interpretation and scope of the federal Communications Decency Act.

Waples Mobile Home Park Limited Partnership et al. v. Rosy Giron de Reyes et al., No. 18-1217 (S. Ct.). Represented housing park on petition for writ of certiorari regarding prima facie requirements for a disparate impact discrimination claim under the Fair Housing Act.

Blumenthal v. Trump, No. 20-5 (S. Ct.). Counsel of record on amicus brief for the Niskanen Center in support of U.S. Senators challenging Emoluments Clause violations.

Daniel v. Armslist, LLC, No. 19-153 (S. Ct.). Successfully opposed petition for a writ of certiorari in case involving interpretation and scope of the federal Communications Decency Act.

Benisek v. Lamone, No. 17-333 (S. Ct.). Represented Governors Larry Hogan, Arnold Schwarzenegger, Gray Davis, and John Kasich with an amicus brief on the necessity of judicial review to resolve gerrymandering disputes.

S.A.B. v. Sessions, No. 17-616 (S. Ct.). Counsel of record on petition for writ of certiorari regarding a lower court’s practice of conducting and relying on extra-record factual research when deciding a petition for review in immigration cases.

Ethicon, Inc. v. Jo Huskey, No. 16-1399 (S. Ct.). Represented the Advanced Medical Technology Association with an amicus brief on why a medical device’s FDA 510(k) clearance should not be excluded from evidence in a products liability case.

Milbauer v. United States, No. 16-236 (S. Ct.). Represented the Mason Veterans and Servicemembers Legal Clinic and the Baylor Law School Veterans’ Assistance Clinic with an amicus brief on whether the Veterans Judicial Review Act bars federal courts from hearing VA medical negligence suits arising under the Federal Tort Claims Act.

Universal Health Services, Inc. v. United States and Commonwealth of Massachusetts ex. rel. Julio Escobar and Carmen Correa, 136 S. Ct. 1989 (2016). Represented the National Association of Criminal Defense Lawyers with an amicus brief on the invalidity of the implied certification theory of liability under the False Claims Act.

State Farm Fire and Casualty Co. v. United States ex rel. Cori Rigsby; Kerri Rigsby, No. 15-513 (S. Ct.). Represented the National Association of Criminal Defense Lawyers with an amicus brief in support of petition for writ of certiorari on whether the False Claims Act’s scienter requirement can be satisfied through a theory of corporate collective knowledge.

United States v. Wong, 135 S. Ct. 1625 (2015). Represented the Clinic for Legal Assistance to Servicemembers and Veterans with an amicus brief on the applicability of equitable tolling to tort lawsuits under the Federal Tort Claims Act.

United States v. June, 135 S. Ct. 1625 (2015). Represented the Clinic for Legal Assistance to Servicemembers and Veterans with an amicus brief on the applicability of equitable tolling to administrative claims filed under the Federal Tort Claims Act.

Stati et al. v. The National Bank of the Republic of Kazakhstan, No. 18-1242 (1st Cir.). Represented bank on appeal of district court order on production of documents for use in a foreign tribunal.

CREW et al. v. Donald J. Trump., 953 F.3d 178 (2d Cir. 2019). Represented the Niskanen Center, Republican Women for Progress, Cheri Jacobus, and Evan McMullin with amicus brief in support of plaintiffs’ position that Emoluments Clause suit against the President of the United States was wrongly dismissed.

Jain v. Carnegie Mellon Univ., 846 F. App’x 156 (3d Cir. Mar. 5, 2021). Secured summary-judgment affirmance for university on student-accommodations claim.

Hillocks v. Attorney General, 934 F.3d 332 (3d Cir. 2019). Obtained judgment vacating order of removal for U.S. permanent resident and citizen of Trinidad & Tobago; argued case before a Third Circuit panel.

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.

Blackledge v. Blackledge, 866 F.3d 169 (3d Cir. 2017). Represented parent petitioning for return of child under the Hague Convention on the Civil Aspects of International Child Abduction; argued case before a Third Circuit panel.

Wisniewski v. Fisher, 857 F.3d 152 (3d Cir. 2017). Obtained reversal of order dismissing inmate’s First Amendment retaliation claims.

Thompson v. Howard, 679 F. App’x 177 (3d Cir. 2017). Represented individual with a Fourth Amendment excessive force claim against a police officer who attempted deadly force on the individual; argued case before a Third Circuit panel.

Abdullah v. Bank of America, et al., 668 F. App’x 413 (Mem) (3d Cir. 2016). Secured summary affirmance of district court order dismissing complaint brought under the Pennsylvania Human Relations Act.

In re: Donald J. Trump, 958 F.3d 274 (4th Cir. 2020). Represented the Niskanen Center and others with amicus brief in support of plaintiffs’ position that the president’s motion to dismiss Emoluments Clause suit was properly denied.

Apuzzi v. American Medical Systems, Inc., 699 F. App’x 284 (Mem) (4th Cir. 2017). Secured affirmance on appeal for medical device manufacturer following dismissal of plaintiff's product liability claims.

U.S. ex rel. Carson v. Manor Care Inc., et al., 851 F.3d 293 (4th Cir. 2017). Secured affirmance on appeal for health care provider following dismissal of federal False Claims Act claims on jurisdictional grounds.

U.S. ex rel. Michaels v. Agape Senior Community, Inc., 848 F.3d 330 (4th Cir. 2017). Represented the American Health Care Association with amicus brief on use of sampling and extrapolation under the False Claims Act.

U.S. ex rel. Hendrickson v. Bank of America, N.A. et al., 779 F. App’x 250 (5th Cir. 2019). Secured affirmance for M&T Bank in relator’s appeal of district court’s dismissal of qui tam False Claims Act complaint.

Barrios-Cantarero v. Holder, 772 F.3d 1019 (5th Cir. 2014). Obtained order vacating a Board of Immigration Appeals refusal to re-open removal proceedings; subsequently obtained fees and costs from the government under the Equal Access to Justice Act.

SJ Consulting Group, Inc. v. Forward Air Inc., No. 20-6414 (6th Cir.). Represented transport and logistics services provider on appeal in case involving breach-of-contract claim.

Edmund F. Turek Trust IMA v. PNC Bank, National Association, 2021 U.S. App. LEXIS 6861 (6th Cir. Mar. 9, 2021). Secured affirmance for financial services provider on plaintiff’s appeal of order granting judgment on the pleadings.

U.S., TN ex rel. Armes v. Garmon, et al., 719 F. App’x 459 (6th Cir. 2017). Secured affirmance of ruling for health care provider in False Claims Act case.

PNC Bank, N.A. v. Five-Star Audiovisual, Inc., 2024 WL 718688 (7th Cir. 2024). Secured affirmance of summary judgment order in breach-of-contract action for financial services provider; argued case to Seventh Circuit panel.

Blockhus v. United Airlines, Inc., 2024 WL 4234658 (7th Cir. 2024). Secured affirmance of summary judgment order in employment case.

Wells v. Caudill, 967 F.3d 598 (7th Cir. 2020). Represented former prisoner who was held 97 days past true release date on appeal of order granting judgment to defendant records-office supervisor on Eighth Amendment claim; argued case to Seventh Circuit panel.

Denan v. Trans Union LLC, 959 F.3d 290 (7th Cir. 2020). Secured affirmance of judgment on the pleadings in favor of credit reporting agency in putative class action in which plaintiff asserted claims under the Fair Credit Reporting Act.

Dorvit v. Winemaster et al., 950 F.3d 984 (7th Cir. 2020). Secured affirmance of district court’s approval of settlement in shareholder derivative suit.

Robinson et al. v. Davol, Inc. et al., 913 F.3d 690 (7th Cir. 2019). Secured affirmance of summary judgment for medical device company in products liability action.

York v. Wellmark, 965 F.3d 633 (8th Cir. 2020). Secured affirmance for health insurer in suit concerning lactation support and counseling service requirements under the Affordable Care Act.

U.S. ex rel. Ambrosecchia v. Paddock Laboratories, LLC, et al., 855 F.3d 949 (8th Cir. 2017). Secured affirmance for healthcare supplier in False Claims Act case involving qui tam relator’s appeal following dismissal on public disclosure bar grounds.

CZ Servs., Inc. v. Anthem Ins. Co., 2023 WL 5624273 (9th Cir. 2023). Secured affirmance of order dismissing complaint for lack of personal jurisdiction; argued case to Ninth Circuit panel.

Camillo-Amisano v. Federal Bureau of Prisons et al., No. 20-55038 (9th Cir.). Represented individual housed in federal prison asserting Bivens claims for violations of the First, Sixth, and Eighth Amendments to the U.S. Constitution.

Aguilera v. Garland, No. 20-72592 (9th Cir.). Represented Cuban national on petition for review of immigration order denying applications for asylum and withholding of removal.

Thompson, et al. v. Hebdon et al., 909 F.3d 1027 (9th Cir. 2018). Represented the Brennan Center for Justice at NYU School of Law with amicus brief addressing the constitutionality of Alaska’s campaign contribution limits.

Lair v. Motl, 873 F.3d 1170 (9th Cir. 2017). Represented the Brennan Center for Justice at NYU School of Law with amicus brief addressing the constitutionality of Montana’s campaign contribution limits.

Allied World Specialty Ins. Co. v. Blue Cross and Blue Shield of Kansas, Inc., 2024 WL 4969268 (10th Cir. 2024). Obtained reversal of summary judgment in insurance coverage action.

Stimson v. Stryker Sales Corp., 835 F. App’x 993 (11th Cir. 2020). Secured affirmance of order granting summary judgment for medical technology company.

Olmo v. Davol, Inc. et al., 710 F. App’x 861 (11th Cir. 2018). Secured affirmance of summary judgment for medical device company in products liability action.

Tartt v. United States et al., No. 19-5308, 2020 WL 1918358 (D.C. Cir. Mar. 26, 2020). Secured summary affirmance of order dismissing complaint against health insurance company for lack of subject matter jurisdiction.

Blumenthal et al. v. Donald J. Trump, 949 F.3d 14 (D.C. Cir. 2020). Represented the Niskanen Center, Laurence Tribe, and others with amicus brief in support of affirmance of district court order denying motion to dismiss suit filed by 215 Members of Congress alleging that President Trump violated the U.S. Constitution’s Foreign Emoluments Clause.

In re Nintendo Co. Ltd., Nintendo of America Inc., Retro Studios, Inc., Rent-A-Center, Inc., and GameStop Corp., Misc. No. 15-113 (Fed. Cir.). Represented game designer with petition for writ of mandamus pertaining to a denied motion to sever and transfer claims.

Yee v. Ditech Financial LLC, No. 16-1237 (9th Cir. B.A.P.). Secured affirmance for financial services provider on appeal of dismissal of adversary action related to bankruptcy proceedings.

In re Dexter Anthony Hillocks (BIA Sept. 16, 2020). Represented U.S. legal permanent resident originally from Trinidad & Tobago in successful effort to terminate removal proceedings.

In the Matter of Amicus Invitation, No. 16-06-09 (BIA May 22, 2017). Represented the National Immigrant Justice Center and the American Immigration Lawyers Association with an amicus brief on the meaning of “minor” for purposes of applying an exception to the Immigration and Nationality Act’s one-year filing deadline for asylum.

Freeman v. Ally Fin. Inc., 528 F. Supp. 3d 1038 (D. Minn. 2021). Obtained order dismissing putative class claims asserted against financial services provider.

Shehan v. United States DOJ et al., 2020 WL 7711635 (S.D. Ohio). Obtained order dismissing claims asserted against financial services provider.

John Doe et al. v. United States et al., No. 4:18-cv-162 (S.D. Ind. 2019). Represented Amish couple in a lawsuit with federal government and secured a settlement that allowed the Canadian spouse to become a U.S. permanent resident without submitting photos in an application.

Roberts v. Berryhill, 310 F .Supp. 3d 529 (E.D. Pa. 2018). Successfully represented widower being denied spousal benefits on the basis of his common law same-sex marriage in equal protection action against the Social Security Administration. After Social Security finally awarded benefits, the court ordered Social Security to pay attorney fees and costs.

Herd v. Airbus SAS et al., 2017 WL 6504162 (C.D. Cal. 2017). Obtained order dismissing product claims on forum non conveniens grounds for jet engine manufacturer.

Pinks v. M&T Bank Corp., No. 1:13-cv-1730 (S.D.N.Y.). Obtained order denying motion for certification of multi-state class involving claims under different states’ commercial codes.

U.S. ex rel. Ribik v. HCR ManorCare, Inc., 2017 WL 3471426 (E.D. Va. Aug. 10, 2017). Obtained order dismissing relator’s False Claims act claims following remand from Fourth Circuit.

Sarconi v. Ditech Financial, LLC, et al., No. 17-4279 (Bankr. E.D. Mich.). Obtained dismissal for financial services provider in action involving claims asserted under the Real Estate Settlement Procedures Act.

Abdullah v. Davids, et al., No. 2:16-cv-5715 (E.D. Pa.). Obtained order dismissing claims alleged to be based in provisions of the Pennsylvania Constitution; obtained Rule 11 permanent injunction barring plaintiff from filing further suits without prior leave of court.

Despot v. Allied Interstate, Inc., 2016 WL 4593756 (W.D. Pa. Sept. 2, 2016). Obtained dismissal for provider of accounts receivable and customer retention services in Fair Debt Collection Practices Act suit.

AAMCO Transmissions, Inc. v. Romano, 2016 WL 7374544 (E.D. Pa. June 27, 2016). Obtained vacatur and dismissal of judgment in non-compete action.

Cox v. Sherman Capital LLC, 2016 WL 274877 (S.D. Ind. Jan. 22, 2016). Obtained order denying motion for class certification.

Ferrare v. IDT Energy, Inc., 2015 WL 3622883 (E.D. Pa. June 10, 2015). Obtained stay of federal court class action pending state administrative proceedings.

Rankin v. Ashro, Inc., 2015 WL 1879959 (S.D. Ohio Apr. 23, 2015). Obtained stay of a class action pending arbitration.

United States ex rel. Smith v. Progressive Holdings, LLC, et al., 2012 WL 2912757 (W.D. Pa. July 16, 2012). Obtained dismissal for financial services provider in qui tam False Claims Act suit.

Rangel v. Union Pacific Railroad Company, No. 2021 L 849 (Will County, IL). Obtained defense verdict for railroad at trial on Federal Employers’ Liability Act (FELA) and state law negligence claims.

Craig Hospital v. Blue Cross Blue Shield of Kansas, 557 P.3d 820 (Colo. App. 2024). Secured affirmance of order dismissing complaint for lack of personal jurisdiction.

In re Petition for Change of Name of Hilliard, 297 A.3d 725 (Pa. Super. 2023). Obtained vacatur of order denying transgender petitioner’s name change and remand for further proceedings; argued case to Superior Court panel.

League of Women Voters v. Ohio Redistricting Comm’n, 2022-Ohio-1727 (Ohio May 25, 2022). Multiple successful challenges to Ohio’s gerrymandered state legislative maps in the Ohio Supreme Court on behalf of The Ohio Organizing Collaborative, CAIR Ohio, and the Ohio Environmental Council.

In re Alvarado, No. 210901990, 2021 Pa. Dist. & Cnty. Dec. LEXIS 4321 (Court of Common Pleas of Philadelphia County Dec. 7, 2021). Obtained order granting name change for transgender petitioner following hearing and argument on the unconstitutionality of the Pennsylvania felony bar for name changes.

In re Porter, 2021 Pa. Dist. & Cnty. Dec. LEXIS 4318 (Court of Common Pleas of Allegheny Cnty Dec. 15, 2021). Obtained order granting name change for transgender petitioner and declaring Pennsylvania’s felony bar for name changes to be unconstitutional.

Wells Fargo Bank, N.A. v. Coghlan, 2021 IL App (3d) 190701 (Ill. App. Ct. 2021). Secured affirmance of summary-judgment order and confirmation of sale in foreclosure proceeding; argued appeal to Third District panel.

People v. Etoh, No. 14-CR-16867-01 (Cook County, Criminal Division). Obtained order modifying terms of conditional release following evidentiary hearing involving testimony from multiple experts; later obtained order ending judicial supervision and terminating conditions of release following evidentiary hearing.

Pippens v. Ashcroft, 606 S.W.3d. 689, (Mo. Ct. App. 2020). Represented a bipartisan group of former lawmakers, including Senators John Danforth and Claire McCaskill, with an amicus brief in support of challenge to deceptive language in a ballot measure that would have allowed for increased gerrymandering.

In Re: Objections to Nomination Petition of Janis C. Brooks, No. 126 M.D. 2020 (Pa. Commw. Ct.). Obtained order setting aside nomination petition of candidate for representative in Congress for Pennsylvania’s 18th Congressional District.

JP Morgan Chase Bank N.A. v. Bagdis, 229 A.3d 350 (Pa. Super. Ct. 2020). Secured affirmance of trial court quiet title ruling.

JP Morgan Chase Bank N.A. v. Palumbo, No. 227 A3.d 438 (Pa. Super. Ct. 2020). Secured affirmance of trial court order denying petition to set aside mortgage foreclosure sale and execution.

McClenney v. Winemaster et al., 2019 IL App (1st) 190233-U, (Ill. App. Ct. 2019). Secured affirmance of trial court dismissal of shareholder derivative lawsuit.

People v. Austin, 2019 IL 123910, (Ill. 2019). Represented Cyber Rights Initiative with amicus brief on constitutionality of Illinois law prohibiting non-consensual pornography.

Chase Home Finance, LLC et al. v. Garrett, No. 1575 EDA 2017 (Pa. Super. Ct. 2017). Obtained quashal of appeal following trial court denial of motion to strike summary judgment.

Abdullah v. Davids, et al., 175 A.3d 1106 (Pa. Super. Ct. 2017). Secured affirmance for bank employee defendants on appeal following trial court dismissal barring further suits by plaintiff without leave of court.

Rancosky v. Washington Nat’l Ins. Co., 170 A.3d 364 (Pa. 2017). Represented Mine Safety Appliances Company, LLC with amicus brief on the standard for bad faith in insurance disputes under 42 Pa.C.S. section 8371.

Estate of Bernard O. Wilkerson, No. 500 DE of 2016 (Court of Common Pleas of Philadelphia County, Orphans’ Court Sept. 26, 2016). Represented client pro bono in achieving recognition of client’s common law marriage to his late spouse as of July 4, 1990.

Wells Fargo Bank, N.A. v. Kananavicius, 156 A.3d 337(Pa. Super. Ct. 2016), No. 425 EAL 2016 (Pa.). Secured affirmance of judgment in mortgage foreclosure action; successfully opposed petition for allowance of appeal to the Pennsylvania Supreme Court.

U.S. Bank v. Parker v. Bank of America, 2016-Ohio-3113 (Ohio Ct. App. 2016), No. 2016-1673 (Ohio). Argued case and obtained affirmance of dismissal of breach of contract action; successfully opposed adverse party's attempt to appeal to Ohio Supreme Court.

Commonwealth of Pennsylvania v. Terrance Williams and Tom Wolf, Governor of the Commonwealth of Pennsylvania, 129 A.3d 1199 (Pa. 2015). Co-authored amicus brief on behalf of the ACLU of Pennsylvania, the Philadelphia Bar Association, the NAACP, Pennsylvanians for Alternatives to the Death Penalty, and the Jewish Social Policy Action Network in support of Governor Tom Wolf’s temporary reprieve of Terrance Williams, a death row inmate.

JP Morgan Chase Bank, N.A. v. Stranieri, 131 A.3d 107 (Pa. Super. Ct. 2015), No. 906 MAL 2015 (Pa.). Represented bank in obtaining quashal of appeal following favorable summary judgment decision in mortgage foreclosure action; successfully opposed petition for allowance of appeal to the Pennsylvania Supreme Court.

In re: Estate of Kimberly M. Underwood, No. 2014-E0681-29 (Court of Common Pleas of Bucks County, Orphans’ Court). Represented client pro bono in achieving recognition of the country’s first common law same-sex marriage through a retroactive application of Obergefell v. Hodges.

People v. Burks, No. 93-CR-24478-01 (Cook County, Criminal Division). Obtained order of conditional release for client following a four-day evidentiary hearing involving testimony from five experts.

In re: Estate of Kimberly M. Underwood, No. 2014-E0681-29 (Court of Common Pleas of Bucks County, Orphans’ Court July 29, 2015). Obtained court order recognizing Pennsylvania’s first same-sex common-law marriage.

Recognitions

Bloomberg Law Pro Bono Innovator, 2024
The American Lawyer Young Lawyer of the Year (Finalist), 2023
Crain’s Chicago Business Notable Litigator, 2023

Credentials

Education

University of Pittsburgh School of Law, 2011, J.D., cum laude; Order of the Barristers; CALI Award for Excellence in Criminal Procedure, Advanced Legal Writing, and Federal Appellate Advocacy, University of Pittsburgh Law Review, Senior Articles Editor
Bucknell University, 2007, B.S., Management, cum laude; Dean’s List