April 22, 2010

Jenner & Block was recognized by The National Law Journal in the newspaper’s 2010 “Appellate Hot List” which denotes 20 law firms across the country that made “singular contributions to appellate practice during the past year,” that “earned at least one significant appellate win since January 2009,” and that “could boast an impressive track record overall.” This is the second year in a row that the Firm was honored with this designation.

In recognizing Jenner & Block, The National Law Journal noted that the Firm argued 24 cases before the U.S. Supreme Court during the last seven years. The newspaper also highlighted three of Jenner & Block’s recent appellate cases:

  • Associate Lindsay C. Harrison’s victory before the U.S. Supreme Court on behalf of a pro bono asylum client in Nken v. Holder, in which the Court ruled that asylum applicants who are appealing orders of removal by the Board of Immigration Appeals in federal court should not be deported while their appeals are pending if they have a likelihood of success in their appeal and would suffer harm if deported.
  • Partners Paul M. Smith and Katherine A. Fallow’s win in the Ninth Circuit for the Video Software Dealers Association in VSDA v. Schwarzenegger, which affirmed a lower court ruling blocking enforcement of a California law that attempted to restrict the sale or rental of computer and video games based on content deemed “violent,” to anyone under the age of 18. The NLJ article noted that “Since 2003, the firm has successfully represented numerous video game industry clients in challenging similar laws in several states.”
  • Partner Craig C. Martin’s victory on behalf of client Olin Corp. in the Second Circuit, when the court upheld an approximately $40 million judgment affirming Olin’s claims in Olin Corp. v. Insurance Co. of North America, a 25-year-long dispute relating to excess insurance coverage for pollution remediation costs at several New York sites.

The NLJ noted that the Firm’s Appellate and Supreme Court Practice is led by “veteran Supreme Court litigator Paul Smith.” Mr. Smith said, “We’re proud of the appellate successes we have achieved for our clients and pleased that The National Law Journal has acknowledged our work by including us for this honor.”

The cases argued by the Firm have long been among the most significant. Landmark victories in the U.S. Supreme Court have included Bridge v Phoenix Bond & Indemnity (2008) (a precedent-setting decision settling a long-standing circuit split and eliminating a judicially-created obstacle to meritorious RICO claims in several jurisdictions); Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. (2005) (a landmark decision in favor of copyright holders versus Internet file-sharing services); Lawrence v Texas (2003) (a landmark civil rights ruling, holding all sodomy laws unconstitutional); and even Witherspoon v. Illinois (1968) (holding unconstitutional the exclusion of all jurors who object to the death penalty in a murder trial).

In March 2010, Partner Elaine J. Goldenberg argued in front of the Supreme Court in Hui and Gonzales v. Castenada, on behalf of clients who are Public Health Service employees being sued for medical malpractice. At issue is whether a statute granting absolute immunity to members of the Public Health Service, acting within the scope of their employment, covers constitutional claims. The decision may significantly affect the character of the Public Health Service and the medical care and services it provides to underserved populations.

The Firm submitted eighteen 2009-2010 appellate victories to The National Law Journal in consideration of this award, representing a wide range of matters in federal and state courts of appeals across the country and including a number of pro bono matters.

For further information about these cases and Jenner & Block’s Appellate and Supreme Court Practice, please click here

Please click here to view a copy of the NLJ profile on Jenner & Block