Recent Appellate Representations by Jurisdiction

US Supreme Court

Merits

Burlington Northern and Santa Fe Railway Co. v. United States, 556 U.S. 599 (2009) 
Steptoe served as co-counsel in a case viewed as a watershed in Superfund practice.  EPA and California sued two railroads that leased land to a pesticide distributor for cleanup of the resulting Superfund site.  The railroads had owned only a part of the property, for only a limited period of time, but the Ninth Circuit held them jointly and severally liable under CERCLA for the full cleanup.  Representing one of the railroads, Steptoe wrote the petition for rehearing en banc.  It garnered eight dissenting votes in the Ninth Circuit. The firm’s appellate practice then coordinated with other counsel on briefing in the U.S. Supreme Court.  The U.S. Supreme Court reversed, by vote of 8-1, holding that the railroads were entitled to apportionment of remediation costs and were therefore liable only for the 9% share found by the district court. 

Republic of Iraq v. Beaty, 556 U.S. 848 (2009)
Steptoe participated in the representation of American citizens and family members who brought personal injury actions against the Republic of Iraq alleging torture and imprisonment during the Gulf War.

United States v. Eurodif S.A., 555 U.S. 305 (2009)
Steptoe represented the United States Enrichment Corporation, which claimed that foreign companies were dumping enriched uranium in the U.S. market.  The issue was whether a contract for the enrichment of uranium was a contract for goods, which are subject to antidumping laws, or one for services, which are not. After the Court of International Trade and the Federal Circuit rejected application of the anti-dumping laws, Steptoe wrote a petition for certiorari, which was granted, and then framed the merits briefs in the U.S. Supreme Court.  That Court unanimously reversed, embracing the argument that the antidumping laws permit the transaction to be seen as one for the sale of goods, subject to the jurisdiction of the Commerce Department.  The Court rejected any claim that the parties’ contractual characterization of their arrangement could control:  “public law is not constrained by private fiction.”  This is the first Supreme Court case to interpret the anti-dumping laws.

Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003)
Successfully petitioned for certiorari and currently representing petitioner in challenging (1) the Lanham Act liability of a videotape producer for omitting certain credits from its videotape series and (2) the award of double profits solely for purposes of deterrence.

National Cable & Telecom. Ass’n v. Gulf Power Co., 534 U.S. 327 (2002)
This landmark dispute between utility pole owners and the cable and telecommunications industries required the Court to decide whether, in light of the Telecommunications Act of 1996, the FCC could continue to regulate the price and other terms on which cable, telecommunications, and Internet providers can attach their wires to utility poles.  Steptoe's client Worldcom had a strong interest as a major provider of telecommunications and Internet service.  The Court agreed that the FCC had jurisdiction to protect companies like WorldCom from monopoly conduct by utilities.

New York v. FERC, 535 U.S. 1 (2002)
Two-front attack on FERC jurisdiction over retail energy transmission by Enron on one side and a number of state regulators on the other.  Representing the Edison Electric Institute, the national association of shareholder-owned public utilities, Steptoe successfully defended FERC’s ruling exercising regulatory jurisdiction over unbundled, but not bundled, retail transmission of power. 

Atkinson Trading Co. v. Shirley, 532 U.S. 645 (2001)
In a challenge to tribal sovereignty, Steptoe represented a hotel located on private land within a reservation which asserted that its overnight guests could not be taxed by the Tribe.  The Supreme Court unanimously agreed.

Wilson v. Layne, 526 U.S. 603 (1999)
Classic clash between the rights of the press under the First Amendment and the rights of citizens under the Fourth Amendment: in representing homeowner, Steptoe established that, under the Fourth Amendment, police officers could not bring media representatives into a home while executing an arrest warrant. 

Milwaukee Brewery Workers’ Pension Plan v. Jos. Schlitz Brewing Co., 513 U.S. 414 (1995)
Intricate ERISA issue: when does interest start to accrue on the funding obligation of an employer withdrawing from a multi-employer plan governed by the Multiemployer Pension Plan Amendments Act.  Issue resolved in favor of our client Schlitz’s position.  

C&A Carbone, Inc. v. Town of Clarkstown, 511 U.S. 383 (1994)
Commerce Clause challenge on behalf of interstate shipper to local “flow control” law that required deposit of all solid waste at a local transfer station.  Court agreed that ordinance restricting limiting shipment of solid waste to out-of-state processors was an unconstitutional burden on interstate commerce.

Burlington Northern R. Co. v. Ford, 504 U.S. 648 (1992)
Equal Protection challenge to state venue rule: Court upheld against railroad attack a state venue rule allowing suits against out-of-state corporations to be venued in any county.

Carnival Cruise Lines v. Shute, 499 U.S. 585 (1991)
Admiralty decision resolving forum selection issue favorably to Steptoe’s client carnival Cruise Lines, holding that forum-selection clause in form passage contract was enforceable and was not affected by Limitation of Vessel Owners’ Liability Act. 

Pension Benefit Guaranty Corp. v. LTV Corp., 496 U.S. 633 (1990)
Representation of the federal pension agency in a case involving the intersection of bankruptcy, pension and administrative law.  The Court upheld the agency’s action—a restoration of a previously terminated pension plan.  The case established that an agency need not consider policies and goals outside of its enabling act, nor provide procedures beyond those required by its organic statute and the Administrative Procedure Act.  

Burlington Northern R. Co. v. Oklahoma Tax Comm’n, 481 U.S. 454 (1987)
Steptoe successfully fought for a railroad’s right to federal judicial review of overvaluation of railroad property by state taxing authorities under Railroad Revitalization and Regulatory Reform Act. 

Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41 (1987)
Established for Pilot Life that ERISA preempts state common law bad faith claims against health insurers for employee benefit plans. 

Massachusetts Mut. Life Ins. Co. v. Russell, 473 U.S. 134 (1985)
On behalf of Massachusetts Mutual Life, Steptoe established that ERISA preempts extracontractual or punitive damages claims against plan fiduciaries based on their processing of employee benefit claims. 

Metropolitan Life Ins. Co. v. Ward, 470 U.S. 869 (1985)
Equal Protection challenge to a state “domestic preference” statute, taxing out-of-state insurance companies (including our client) at a higher rate than in-state insurers. Court rejected state’s primary asserted purposes for the challenged tax differential.

Amicus

Arizona Christian School Tuition Organization v. Winn, 131 S. Ct. 1436 (2011)
Represented amici in a case involving whether Arizona’s individual tax credit for donations to private school tuition organization (STOs) violated the Establishment Clause.  Steptoe’s amici briefs in support of the constitutionality of the tax credit explained how STOs are formed and operate based on the private choices of taxpayers, parents, schools, and the STOs themselves, rather than any governmental endorsement of religion.  The Supreme Court dismissed the challenge to the tax credit, holding that plaintiffs lacked standing.

CSX Transportation, Inc. v. Alabama Department of Revenue, 131 S. Ct. 1101 (2011)
Steptoe filed an amicus curiae brief for the Association of American Railroads, urging the Court to hold that CSX may challenge Alabama’s sales and use tax on diesel fuel that applies to rail carriers but exempts their competitors, i.e., interstate motor carriers and water carriers, under the Railroad Revitalization and Regulatory Reform Act of 1976.  The Supreme Court agreed, holding that CSX may challenge Alabama’s sales and use tax under 49 U.S.C. § 11501(b)(4). 

Graham v. Florida, 560 U.S. 48 (2010)
Steptoe submitted an amicus brief in the Supreme Court on behalf of the Center on the Administration of Criminal Law in Graham v. Florida.  Steptoe’s brief argued that proportionality review in the noncapital context was supported by the history and language of the Eighth Amendment. In its opinion, the Court held that the “concept of proportionality is central to the Eighth Amendment” and, in applying the proportionality review, relied on some of the arguments raised in Steptoe’s brief.

Horne v. Flores, 557 U.S. 433 (2009)
Submitted brief on behalf of amici curiae regarding instruction of English-language learners under the federal Equal Educational Opportunity Act of 1974. 

United States v. Hayes, 555 U.S. 415 (2009)
This case concerned whether Section 922(g)(9) of the federal Gun Control Act makes it a crime for one to possess a firearm after having been convicted of a “misdemeanor crime of domestic violence.”  Steptoe filed an amicus curiae brief on the merits on behalf of Senators Frank Lautenberg, Dianne Feinstein, and Patty Murray in support of the petitioner, addressing the legislative history of the statute and congressional intent.  The Supreme Court reversed the lower court’s decision and concluded that the domestic relationship need not be a defining element of the predicate offense, although that relationship must be established beyond a reasonable doubt.

United States v. Navajo Nation, 556 U.S. 287 (2009)
Steptoe filed an amicus curiae brief on behalf of an electric utility in support of the United States in seeking reversal of a Federal Circuit’s decision that awarded $600 million to the Navajo Nation for the Secretary of Interior’s approval of an Indian mineral lease.  The Supreme Court reversed the Federal Circuit’s damages award, holding that the Tribe had no basis for seeking money damages against the United States because the Secretary did not owe any fiduciary duties to the Tribe in approving the mineral lease.

CSX Transportation, Inc. v. Georgia State Board of Equalization, 552 U.S. 9 (2007), on remand, 521 F.3d 1300 (11th Cir. 2008) (per curiam)
Represented amicus curiae in support of petitioner urging reversal of a ruling that had limited the evidence railroads could offer in district court in attempting to prove discrimination under the 4-R Act.  The Supreme Court, in a unanimous opinion written by Chief Justice Roberts, agreed with the arguments put forth by petitioner and amicus curiae.

District of Columbia v. Heller, 554 U.S. 570 (2008)
Represented amicus curiae in support of respondent’s challenge to the District of Columbia’s gun-control statutes under the Second Amendment.

Philip Morris USA Inc. v. Accord, 552 U.S. 1239 (2008)
Represent amicus curiae in support of petitioner’s due process challenge to punitive damages. 

DaimlerChrysler Corp. v. Cuno, 547 U.S. 332 (2006)
Represented nation’s two largest direct broadcast satellite companies as amici curiae in dormant Commerce Clause challenge to Ohio investment tax scheme. 

Clark v. Martinez, 543 U.S. 371 (2005)
On behalf of amicus law professors, urged Court to find government agency lacks statutory authority to hold aliens in detention indefinitely. The Court adopted this position in its opinion.

Rose Acre Farm, Inc v. U.S., 545 U.S. 1104 (2005)
On behalf of property rights public interest group, filed amicus curiae brief in support of petition for a writ of certiorari in Fifth Amendment regulatory takings case.

Entergy Louisiana, Inc. v. Louisiana Public Service Comm'n, 539 U.S. 39 (2003)
As counsel for amicus national association of electric utilities, argued that state regulators must allow a utility to recover, in retail rates, costs allocated to it by the regional entity; the Court unanimously agreed.

Scheidler v. National Organization For Women, 537 U.S. 393 (2003)
On behalf of an American corporation involved in a $3 billion civil RICO suit, filed an amicus brief urging the Court to preserve district courts' power to issue injunctive relief in private suits under civil RICO.

Becker v. Montgomery, 532 U.S. 757 (2001)
Appointed by Court to brief and argue as amicus curiae in support of judgment dismissing pro se prisoner’s appeal sua sponte for failure to sign notice of appeal.

Hartford Underwriters Ins. Co. v. Magna Bank N.A., 530 U.S. 1 (2000)
Represented American Insurance Association in case involving recovery of administrative expenses in proceedings under the Bankruptcy Code.

Raleigh v. State of Illinois, 530 U.S. 15 (2000)
Filed brief for Pension Benefit Guaranty Corporation urging Court to conclude that notions of equity in bankruptcy may not be used to supplant substantive non-bankruptcy law in determining claims.

Rice v. Cayetano, 528 U.S. 495 (2000)
Fifteenth Amendment challenge to a state restriction limiting eligible voters for the Office of Hawaiian Affairs to “native Hawaiians.” 

US Court of Appeals – First Circuit

United States v. Textron Inc., 553 F.3d 87 (1st Cir. 2009), rehearing granted, 560 F.3d 513 (1st Cir. 2009) (en banc)
Steptoe participated in the representation of Textron in a key decision on the scope of the work product doctrine.  The government sought Textron’s tax accrual workpapers.  These workpapers list issues that Textron determined could be challenged by the IRS on audit, and set forth Textron’s hazards-of-litigation assessment for each issue.  The government argued that the workpapers were prepared in the ordinary course of business and not in anticipation of litigation and, as a result, could not be protected under the work product doctrine.  The First Circuit rejected the government’s arguments and held that the work product doctrine protected tax accrual workpapers prepared by Textron in the course of preparing its financial statements.  

Esso Standard Oil Co. v. Lopez-Fretes, 522 F.3d 136 (1st Cir. 2008)
Obtained affirmance of district court’s decision relying on federal due process principles to grant permanent injunction barring hearings and fine of $76 million issued by the Puerto Rico Environmental Quality Board.

US Court of Appeals – Second Circuit

New York Life Ins. Co. v. United States, 724 F.3d 256 (2d Cir. 2013)
Represented an insurance company in appealing a case involving Section 808 of the tax code, which permits a deduction for policyholder dividends “paid or accrued during the taxable year.”

Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83 (2d Cir. 2012)
Steptoe prevailed at the trial level in a trademark infringement suit on behalf of an international fashion company.  The Second Circuit affirmed, resolving a split among the lower courts regarding the circumstances when a plaintiff seeking statutory damages in a trademark counterfeiting case may also recover legal fees under the Lanham Act.

United States v. Treacy, 639 F.3d 32 (2d Cir. 2011)
Represented criminal defendant in securities fraud case.

Boccardi Capital Sys., Inc. v. D.E. Shaw Laminar Portfolios, L.L.C., 355 Fed. Appx. 516 (2d Cir. Dec. 9, 2009) (unpublished)
One investment firm sued another alleging breach of contract and breach of fiduciary duty in connection with a joint takeover bid for a casino.  Steptoe represented the defendant and on appeal, fended off all claims.  The Second Circuit affirmed dismissal and denied leave to amend. 

Liberty Mutual Insurance Company v. Hurlbut, 585 F.3d 639 (2d Cir. 2009)
Steptoe represented insurance companies in a constitutional challenge to retroactive changes in New York insurance regulations.  The challenge was premised on the basis that the retroactive effects of the provisions violated the Contracts, Takings, Due Process and Equal Protection provisions of the United States Constitution.

Motorola Credit Corp. v. Uzan, 561 F.3d 123 (2d Cir. 2009)
Steptoe represented plaintiff Motorola in a long-running dispute with foreign businessmen.  The Second Circuit not only affirmed the district court’s refusal to grant 60(b) relief to the defendants, but commended the district court for its handling of the case, going so far as to warn the defendants that “further legal maneuvers designed to frustrate the orderly management of post-judgment proceedings will properly raise the question of whether the imposition of sanctions on counsel as well as defendants are appropriate or necessary to vindicate the interests of justice.”   

Ogle v. Fidelity & Deposit Co. of Maryland, 586 F.3d 143 (2d Cir. 2009)
In Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., 549 U.S. 443 (2007), the Supreme Court left open the much-disputed bankruptcy question of whether a creditor could assert an unsecured claim for attorneys’ fees arising after the petition.  In Ogle, Steptoe nailed this question down.  Steptoe represented an insurance company that had incurred attorneys’ fees enforcing its contractual rights after the filing of the bankruptcy petition.  The trustee opposed, claiming that these fees were not specifically allowed in the Code.  The Second Circuit accepted Steptoe’s argument that post-petition fees that were authorized by a prepetition contract could be asserted as unsecured claims because they were not specifically excluded. 

Pension Benefit Guaranty Corp. v. Oneida Ltd., 562 F.3d 154 (2d Cir. 2009)
In a case of first impression involving a relatively new federal statute, Steptoe assisted the Pension Benefit Guaranty Corporation (“PBGC”) in obtaining a decision that its statutory premiums for termination of a pension plan during bankruptcy are not claims discharged in bankruptcy and are therefore payable in full by the reorganized entity.  The Bankruptcy Court in the Southern District of New York had held that “Termination Premiums” were pre-petition contingent claims dischargeable in bankruptcy.  The Second Circuit reversed, holding that this interpretation would thwart the Congressional objectives of preventing the bankruptcy process from being used as a device to evade Termination Premiums.  

Pentagen Technologies Intern. Ltd. v. CACI Intern., Inc., 202 Fed. Appx. 32 (2d Cir. 2008) (unpublished)
Represented defendant-appellee in defending against claims that it unlawfully appropriated software for use by the United States Government.  Obtained affirmance of the district court’s decision.

Motorola Credit Corp. v. Uzan, 509 F.3d 74 (2d Cir. 2007)
Represented telephone equipment manufacturers, and obtained decision affirming $1 billion award of punitive damages against Turkish telephone company. 

United States v. Ebbers, 458 F.3d 110 (2d Cir. 2006)
Appeal conviction and sentence in securities fraud case. 

US Court of Appeals – Third Circuit

Williams v. Fields, 535 Fed. App’x 205 (3d Cir. 2013)
Represented a pretrial detainee who alleged that prison guards used excessive force during his confinement.  The district court granted judgment as a matter of law as to certain defendants on the excessive force claims.  Steptoe was appointed by the Third Circuit and obtained reversal and a new trial for the plaintiff.

Duran-Pichardo v. Attorney General of the U.S., 695 F.3d 282 (3d Cir. 2012)
Represented a native of the Dominican Republic and challenged order of removal from the United States issued by the Board of Immigration Appeals.

Catwell v. Attorney General of United States, 623 F.3d 199 (3d Cir. 2010)
Steptoe was appointed by the Third Circuit to represent a Guyanese immigrant seeking review of the Board of Immigration Appeals’ final order of removal. 

Jones v. Attorney General of United States, No. 07-2137, 397 Fed App'x 831 (3d Cir. Oct. 18, 2010) (unpublished)
Represented a Nigerian immigrant seeking review of the Board of Immigration Appeals’ final order of removal and decision that he was not qualified under the Convention Against Torture for withholding of his removal order.  The Third Circuit agreed that the BIA had applied the incorrect standard of review and remanded the case.

Renchenski v. Williams, 622 F.3d 315 (3d Cir. 2010), cert. denied, 131 S. Ct. 2100 (2011) 
Steptoe was appointed by the Third Circuit to represent a Pennsylvania state inmate who was classified as a sex offender and ordered to enroll in a sex offender treatment program even though he was never convicted of a sexual offense.  The Third Circuit held that the classification violated the inmate’s procedural due process rights.

Giles v. Kearney, 571 F.3d 318 (3d Cir. 2009)
Steptoe was appointed by the Third Circuit to represent a pro se plaintiff on appeal in his excessive force claim against prison guards.  The Third Circuit reversed a grant of summary judgment against the prisoner, holding that no reasonable officer could agree that striking a subdued, nonresisting prisoner was reasonable under established law. 

Getty Petroleum Marketing, Inc. v. Shipley Fuels Marketing, LLC, 293 Fed. Appx. 166 (3d Cir. 2008)
Representing Shipley, Steptoe obtained affirmance of a decision denying a preliminary injunction that would have forced Shipley to change the brand of products and the brand name and trademark under which the products are sold to consumers.  

USX Corp. v. Liberty Mutual Ins., 444 F.3d 192 (3d Cir. 2006)
Represented leading insurance trade association as amicus curiae in obtaining ruling that accidental bodily injury clause in insurance contract does not cover asbestos-related claims.

US Court of Appeals – Fourth Circuit

Millennium Inorganic Chem. Ltd. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., --- F.3d ----, 2014 U.S. App. LEXIS 3096 (4th Cir. 2014)
Steptoe represented an insurance company in a case involving a claim for more than $10 million contingent business interruption insurance.  The district court had granted summary judgment in favor of the insured, concluding that the policy was ambiguous.  After briefing and oral argument in the Fourth Circuit, the Court reversed the district court’s grant of summary judgment and remanded the case for entry of summary judgment in favor of the insurers.

Projects Mgmt. Co. v. DynCorp Int’l LLC, 734 F.3d 366 (4th Cir. 2013)
Represented defense contractor in breach of contract action brought by subcontractor.  The district court dismissed the claim based on plaintiff’s repeated discovery abuses and the Fourth Circuit affirmed.

Evans v. Chalmers, 703 F.3d 636 (4th Cir. 2012), cert. denied, 134 S. Ct. 98, 134 S. Ct. 617
In three civil rights lawsuits brought by former members of the Duke University lacrosse team, represented the City of Durham and various city officials and other non-City defendants.  Based on Steptoe’s interlocutory appeals, the Fourth Circuit, in a consolidated opinion, reversed the district court’s decision and dismissed all federal claims, as well as nearly all state law claims, against the City defendants.

Burgess v. Bowen, 466 Fed. App’x 272 (4th Cir. 2012)
Obtained a win in an employment discrimination lawsuit.  Steptoe represented a former federal worker and challenged the district court’s dismissing the suit on summary judgment.  On appeal, the Fourth Circuit vacated the district court’s ruling and remanded for further proceedings.

Al Shimari v. CACI Int’l, Inc., 679 F.3d 205 (4th Cir. 2012) (en banc)
Represented a government contractor in defense of tort claims brought by Iraqis alleging injuries suffered while in custody.  On appeal, Steptoe argued that the claims against the contractor were preempted by the Supreme Court’s decision in Boyle v. United Technologies and the DC Circuit’s decision in Saleh v. Titan Corp.  The en banc court held that it lacked interlocutory jurisdiction over the appeal.

Al Shimari v. CACI Int’l, Inc., 658 F.3d 413 (4th Cir. 2011), affirmed 679 F.3d 205 (4th Cir. 2012) (en banc)
Represented a government contractor in appealing the district court’s denial of a motion to dismiss tort claims by Iraqis for injuries allegedly suffered while in custody in Iraq.  The Fourth Circuit reversed and remanded to the district court with directions to dismiss the suit in its entirety.  The Court concluded that uniquely federal interests would be undermined by the application of state tort law.

CBRE Realty Finance TRS, LLC v. McCormick, 414 Fed. App’x 547 (4th Cir. 2011) (per curiam) (unpublished)
Represented finance companies in a breach of contract case.  The Fourth Circuit affirmed the grant of summary judgment for finance companies and affirmed the judgment holding  guarantors liable for more than $23 million in damages.  The Fourth Circuit also affirmed the lower court’s denial of guarantors’ motion to extend discovery. 

Feldman v. Pro Football, Inc., 419 Fed. App’x 381 (4th Cir. 2011) (per curiam) (unpublished)
Represented operator of professional sports stadium in suit by deaf and hard-of-hearing fans alleging violations of the Americans with Disabilities Act.

Rhodes v. E.I. du Pont de Nemours & Co., 636 F.3d 88 (4th Cir. 2011)
Representing DuPont, Steptoe opposed a putative class action alleging that drinking water had been contaminated with perfluorooctanoic acid (PFOA). The Fourth Circuit affirmed the district court’s grant of summary judgment to DuPont on the plaintiffs’ common law claims for negligence, trespass, nuisance, and battery, finding that the plaintiffs failed to establish any injury as a result of their exposure to PFOA.  The Court dismissed plaintiffs’ appeal of the denial of class certification on their claim for medical monitoring, concluding that the plaintiffs lacked standing to pursue an appeal of the class’s claims.

Lewis v. Wheeler, 609 F.3d 291 (4th Cir. 2010)
Represented petitioner in a capital case seeking federal habeas relief.

Piedmont Environmental Council v. FERC, 558 F.3d 304 (4th Cir. 2009)
Represented electric utility as intervenor in support of FERC’s rulemaking decisions that implemented a new provision of the Federal Power Act.

DIRECTV, Inc. v. Tolson, 513 F.3d 119 (4th Cir. 2008)
Represented satellite television providers in dormant commerce clause challenge against North Carolina’s system of taxing multi-channel television programming.

Rhodes v. E. I. DuPont de Nemours & Co., No. 08 -293 (4th Cir. Dec. 12, 2008)
Representing DuPont, Steptoe opposed an effort by the plaintiffs in this case to obtain an appeal under FRCP 23(f) from a district court order denying class certification.  The Fourth Circuit denied permission to appeal, and later denied a petition for rehearing en banc.  

Pinney v. Nokia, 402 F.3d 430 (4th Cir. 2005)
Represented wireless telephone carrier in appeal of dismissal of class action alleging injury stemming from radio frequency radiation emissions on grounds of federal preemption.

In re Wallace and Gale Co., 385 F.3d 820 (4th Cir.), rehearing denied (2004)
In asbestos case, upheld summary judgment in favor of insurer, on grounds that claims were subject to aggregate limit under relevant provisions of CGL policies.

US Court of Appeals – Fifth Circuit

Medina County Environmental Action Association v. Surface Transportation Board, 602 F.3d 687 (5th. Cir. 2010)
In a win for one of Steptoe’s railroad clients, the Fifth Circuit affirmed regulatory approvals authorizing the construction of a railroad.  The regulatory permits had been issued after years of agency litigation and environmental review. A group of landowners argued that the Surface Transportation Board and the Fish and Wildlife Service violated the Endangered Species Act by not requiring a wildlife survey of all of the land leased for the quarry before issuing the railroad approval. Steptoe intervened in the Fifth Circuit in support of the agency decision.  The Court unanimously held that the agencies had acted within the scope of the law.

Johnston v. Multidata Systems International Corp., 523 F.3d 602 (5th Cir. 2008)
On interlocutory appeal, obtained decision reversing denial of supplier’s motion to dismiss based upon lack of personal jurisdiction over 35 wrongful death claims stemming from treatment at Panamanian hospital.

Acceptance Ins. Co. v. Powe Timber Co., 219 Fed. Appx. 349 (5th Cir. 2007) (per curiam)
On behalf of major insurance company, obtained decision that client had no duty to defend or indemnify toxic tort claims under insurance policy.

United States v. Kay, 513 F.3d 432 (5th Cir. 2007), rehearing denied, 513 F.3d 461 (5th Cir. 2008), cert. denied, 555 U.S. 813 (2008)
Represented vice president of grain-exporting corporation charged with violating the Foreign Corrupt Practices Act.

AEP Texas North Co. v. Texas Industrial Energy Consumers, 473 F.3d 581 (5th Cir. 2006)
On behalf of electric utility, obtained decision holding that federal law preempted state utility commission’s finding that utility violated its tariff governing affiliate operations in several states.

Tittle v. Enron Corp., 463 F.3d 410 (5th Cir. 2006)
Dispute involving the interpretation of two fiduciary liability insurance policies.

US Court of Appeals – Sixth Circuit

Jackson v. Sedgwick Claims Mgmt. Servcs., Inc., 731 F.3d 556 (6th Cir. 2013) (en banc) (amicus)
Represented amici American Insurance Association, National Council of Self Insurers, and Chamber of Commerce of the United States of America in a case involving claims for workers’ compensation.  Employees brought RICO claims to assess their entitlement to workers’ compensation claims.

Baker v. Chevron USA, Inc., 533 Fed. App’x 509 (6th Cir. 2013)
Steptoe represented a petroleum company in a property contamination action.  The firm obtained a decision from the Sixth Circuit affirming the district court’s decision granting summary judgment to defendants and imposing Rule 11 sanctions on plaintiffs’ counsel.

Daley v. Mostoller, 717 F.3d 506 (6th Cir. 2013) (amicus)
Steptoe filed an amicus brief for Securities Industry and Financial Markets Association.  This case involves the issue whether an individual’s use of IRA assets in violation of an account document deprived the individual of tax and bankruptcy protection.  Steptoe’s amicus brief argued that the presumption of protection overrides account documents.  The Sixth Circuit held that the individual had not engaged in a prohibited activity and found that the bankruptcy protection attached to his account.

Jackson v. Sedgwick Claims Mgmt. Servcs., Inc., 731 F.3d 556 (6th Cir. 2013) (en banc) (amicus)
Represented amici American Insurance Association, National Council of Self Insurers, and Chamber of Commerce of the United States of America in a case involving claims for workers’ compensation.  Employees brought RICO claims to assess their entitlement to workers’ compensation claims.

Brown v. Cassens Transport Co., 675 F.3d 946 (6th Cir. 2012) (amicus)
Filed an amicus brief on behalf of the American Insurance Association, National Council of Self-Insurers, and Chamber of Commerce in case involving Michigan’s Worker’s Disability Compensation Act.

In re Nashville Senior Living, LLC v. Anderson Senior Living Prop., LLC, 620 F.3d 584 (6th Cir. 2010)
Represented debtors who co-owned property with non-debtors in a tenancy-in-common.  The Sixth Circuit held that the non-debtor’s case was statutorily moot under 11 U.S.C. § 363(m) because the property had already been sold and the statute applied to property where the parties have an undivided interest. 

Tran v. Gonzales, 447 F.3d 937 (6th Cir. 2006)
On behalf of a pro bono client, obtained decision vacating agency deportation order, and remanding for agency to consider request for relief from deportation under correct standard of review and burden of proof.  Agency subsequently ruled in favor of our client.

United States  v. Younes, 194 Fed. Appx. 302 (6th Cir. 2006)
Appeal on behalf of vocational school owner convicted of federal financial aid program fraud.

City of Monroe Employees Retirement System v. Bridgestone, 399 F.3d 651 (6th Cir. 2005)
Upheld dismissal of securities fraud class action against CEO of major tire manufacturer for failure to state a claim.

City of Riverview v. STB, 398 F.3d 434 (6th Cir. 2005)
Intervening on behalf of railroad, defended the decision of the Surface Transportation Board to grant an exemption for an intermodal transportation facility, thereby preempting local attempts to exercise eminent domain over the property.

American Electric Power Company, Inc. v. United States, 326 F.3d 737 (6th Cir.) cert. denied, 124 S. Ct. 1043 (2004)
Represented employer in appeal of $66 million tax deduction complaint concerning corporate owned insurance policy for 20,000 employees.  

US Court of Appeals – Seventh Circuit

Crompton v. BNSF Ry. Co., 2013 U.S. App. LEXIS 26063 (7th Cir. 2013)
Represented a railroad in appeal of a damages awarded by a jury to an employee alleging injury.

In re XMH Corp., 647 F.3d 690 (7th Cir. 2011)
Represented the purchasers of certain assets of a bankrupt suit maker.  Steptoe appealed the bankruptcy court’s decision that a services agreement could not be assigned without consent of a counter-party to the agreement.  The district court overruled the bankruptcy court’s decision and held that the agreement did not constitute a trademark license agreement.  The Seventh Circuit affirmed, concluding that the services agreement was not a trademark license and was freely assignable to Steptoe’s clients through the acquisition.

Bodum USA, Inc. v. La Cafetière, Inc., 621 F.3d 624 (7th Cir. 2010)
Represented distributor of French-press coffee makers in a trademark case involving interpretations of French law.  The court found there was no trade dress rights violation by La Cafetière selling similar coffee makers to Bodum.  Each of the three panel members filed a separate opinion on proof of foreign law, but all ruled in favor of our client.

CenTra, Inc. v. Central States, Southeast & Southwest Areas Pension Fund, 578 F.3d 592 (7th Cir. 2009)
Steptoe represented a pension plan sponsor in complex withdrawal liability dispute under ERISA. The case addresses the definition of “control group.” 

Hoosier Energy Rural Elec. Co-op, Inc. v. John Hancock Life Ins. Co., 582 F.3d 721 (7th Cir. 2009)
In one of the first published opinions involving a credit default swap (“CDS”) in the current financial crisis, Steptoe, representing creditor John Hancock, defended the enforceability of a CDS contract before the Seventh Circuit.  The opinion by Chief Judge Frank Easterbrook affirmed the validity of the contracts with John Hancock as beneficiary, strictly limited the duration of a preliminary injunction preventing enforcement by John Hancock, and ordered the district court to increase the level of required security in the interim. The Court explicitly rejected the argument that the contracts were against public policy, noting that there is a strong public “policy of preventing people from getting other people’s property for nothing when they purport to be buying it.”

Illinois Commerce Com’n v. FERC, 576 F.3d 470 (7th Cir. 2009)
Steptoe represented a power company client challenging a decision by the Federal Energy Regulatory Commission concerning the reasonableness of rates for the transmission of electricity over facilities owned by utilities that belong to a power pool.

Illinois Commerce Commission v. FERC, 576 F.3d 470 (7th Cir. 2009)
Represented utility and its affiliates that intervened in appeal of FERC’s orders concerning the reasonableness of the transmission rate design under the tariff administered by a FERC-approved Regional Transmission Organization.   

US Court of Appeals – Eighth Circuit

DISH Network Serv. LLC v. Laducer, 725 F.3d 877 (8th Cir. 2013)
Represented a telecommunications company in an action seeking a preliminary injunction to enjoin a tribal court from conducting a trial on a claim by a member of the tribe alleging abuse of process.

TCF National Bank v. Bernanke, 643 F.3d 1158 (8th Cir. 2011) (amicus)
Steptoe represented a national group of merchants in a constitutional challenge by a national banking association to a Dodd Frank provision that limited charges for processing debit-card transactions.  In an amicus brief, Steptoe argued in support of the statute and the district court’s denial of a preliminary injunction.  The Eighth Circuit affirmed, holding that the banking association was unlikely to prevail on the merits.

Braden v. Wal-Mart, 588 F.3d 585 (8th Cir. 2009)
Represented employer in class action suit alleging fiduciary breach based on investment options available under an employee retirement plan.   

Union Pacific R.R. Co. v. Minnesota Dept. of Revenue, 507 F.3d 693 (8th Cir. 2007)
Represented railroad challenging Minnesota’s sales or use tax.  Obtained decision reversing grant of summary judgment for the state and holding that the sales and use tax discriminated against railroads.

US Court of Appeals – Ninth Circuit

Friend v. Holder, 714 F.3d 1349 (9th Cir. 2013)
Represented a client seeking a declaratory judgment that he is a U.S. citizen because his father is a U.S. citizen and he was born in the Philippines.

Hayes v. Wal-Mart Stores, Inc., 2013 U.S. App. LEXIS 25883 (9th Cir. 2013)
On behalf of the employer in an employment action, Steptoe obtained a decision upholding dismissal of the case for plaintiff’s failure to prosecute.

Solid 21, Inc. v. Breitling USA, Inc., 512 Fed. App’x 685 (9th Cir. 2013)
Represented watch manufacturer in a trademark dispute regarding whether the mark was generic.

City of Redding, Cal. v. FERC, 693 F.3d 828 (9th Cir. 2012)
In litigation arising from the California energy crisis of 2000 and 2001, represented an electric utility in a case before the United States Court of Federal Claims.  Steptoe then successfully defended before the Ninth Circuit the orders of the Federal Energy Regulatory Commission that formed the basis for the utility’s contract claims.

Beeman v. Anthem Prescription Mgmt., LLC, 689 F.3d 1002 (9th Cir. 2012)
In litigation challenging the validity of a California statute on free speech grounds, represented pharmacy services companies.  The statute required clients to generate and disseminate studies about pharmacy pricing.

Gonzalez v. State of Arizona, 677 F.3d 383 (9th Cir. 2012) (en banc), aff’d, 133 S. Ct. 2247 (2013)
Working with the Lawyers’ Committee for Civil Rights Under Law, represented the Inter Tribal Council of Arizona in a challenge to Proposition 200, an Arizona voter initiative that required residents to show proof of citizenship when they registered to vote using federal registration forms.  The Ninth Circuit agreed that federal law preempted Arizona’s supplemental identification requirements, and the Supreme Court affirmed.

Alcala v. Monsanto Co., 498 Fed. App’x 717 (9th Cir. 2012)
Defended a chemical company in a product liability lawsuit.

Caswell v. Olympic Pipeline Co., 484 Fed. App’x 151 (9th Cir. 2012)
On behalf of petroleum companies, obtained a decision from the Ninth Circuit affirming the district court’s conclusion that Oregon’s statute of repose barred the plaintiffs’ product liability claims.

Munguia v. Grelyn of Maui, LLC, 473 Fed. App’x 643 (9th Cir. 2012)
Represented restaurant franchise in a premises liability lawsuit.

N. Plains Res. Council, Inc. v. STB, 668 F.3d 1067 (9th Cir. 2011)
Represented railroad as intervenor in a challenge to the Surface Transportation Board’s approval of the railroad’s application to construct a privately-financed railroad line.  Before the Ninth Circuit, Steptoe argued issues related to both NEPA and the APA.

Cafasso v. General Dynamics C4 Systems, Inc., 637 F.3d 1047 (9th Cir. 2011)
Represented a defense technology company as a defendant in a qui tam case filed under False Claims Act.  The Ninth Circuit affirmed the district court’s dismissal of the complaint and affirmed the denial of leave to amend. 

California Wilderness Coalition v. U.S. Dep’t of Energy, 631 F.3d 1072 (9th Cir. 2011)
Represented power companies as respondent-intervenors in challenge to Department of Energy’s implementation of Energy Policy Act of 2005.

Hantges v. Carmel, 422 Fed. App’x 623 (9th Cir. 2011) (unpublished)
Represented Chapter 11 trustee in case affirming denial of plaintiff’s “keepsake” exemption claims in bankruptcy proceedings.

Hantges v. Carmel, 422 Fed. App’x 624 (9th Cir. 2011) (unpublished)
Represented Chapter 11 trustee in case affirming order that bankruptcy estate property be turned over, as plaintiff lacked standing.

United States v. Renzi, 651 F.3d 1012 (9th Cir. 2011)
Represented former member of Congress on interlocutory appeal of district court’s disposition of motion to dismiss indictment.

Wallace v. Bashas’ Inc. Group Disability Plan, 428 Fed. App’x 681 (9th Cir. 2011) (unpublished)
The Ninth Circuit affirmed an award of summary judgment in favor of Steptoe’s client, a group disability plan, in a case brought by a former employee alleging a denial of benefits under ERISA.  The court found that the plaintiff’s position lacked substantive merit and that there were significant procedural shortcomings in the plaintiff’s briefing.

EEOC v. Banner Health, No. 09-16019 (9th Cir. Nov. 2, 2010) (unpublished)
Obtained decision affirming the district court’s ruling that the EEOC had not established a prima facie case of age discrimination nor shown that defendant’s reasons for dismissing two employees were pretextual. 

Gonzalez v. Arizona, 624 F.3d 1162 (9th Cir. 2010), rehearing en banc granted, 649 F.3d 953 (9th Cir. 2011)
Represented a non-profit organization in challenging Arizona’s Proposition 200, which required prospective voters to present documentary proof of citizenship in order to register to vote.  The Ninth Circuit overturned the district court’s decision and found that the National Voter Registration Act preempts Proposition 200.

Hypertouch, Inc. v. Azoogle.com, Inc., No. 09-15943, 386 Fed. App'x 701 (9th Cir. July 9, 2010 (unpublished) 
Represented internet service provider in lawsuit against  spammers under state law. 

Town Pump Inc. v. LaPlante, No. 10-35090, 394 Fed. App'x 425 (9th Cir. Sept. 3, 2010) (unpublished)
Represented the owner-operator of a gas station sued by a member of an Indian tribe in tribal court.  After years of litigation, Steptoe sought a declaration of no tribal jurisdiction in federal court. The district court agreed and granted a permanent injunction against further prosecution of claims in tribal court.  On appeal, the Ninth Circuit affirmed, holding that there is a presumption against tribal court jurisdiction over nonmembers and the facts of the case did not satisfy any applicable exceptions to that general rule.

United States v. Crane, 625 F.3d 568 (9th Cir. 2010)
Represented an intervenor challenging the district court order to the intervenor’s former counsel to produce documents.  The Ninth Circuit vacated the order and dismissed the appeal for mootness.   

Xilinx Inc. v. Comm’r, 598 F.3d 1191 (9th Cir. 2010) (amicus)
In a landmark tax appeal Steptoe represented amici in support of the taxpayer seeking panel rehearing.  The Ninth Circuit panel reversed itself and rendered a decision in favor of the taxpayer.  

Association of Flight Attendants v. Mesa Air Group, Inc., 567 F.3d 1043 (9th Cir. 2009)
Represented an airline in an interlocutory appeal from a preliminary injunction of an airline’s change in regulations for scheduling regarding flight attendants.  Obtained reversal of the preliminary injunction and holding that the dispute was subject to arbitration under the Railway Labor Act.

In re Kavoussi, 308 Fed. Appx. 51 (9th Cir. 2009) (unpublished)
Represented the Chapter 7 trustee in a case where the Ninth Circuit upheld a $4.1 million fraudulent conveyance judgment in a bankruptcy.  Steptoe previously obtained a nondischargeability judgment against the debtor/doctor.

In re Western United Nurseries Inc., 338 Fed. Appx. 706 (9th Cir. July 24, 2009) (unpublished)
Steptoe obtained a win for the defendant.  Reviewing the trial court’s assessment of a complex series of interlocking transactions, the Court determined that since the critical documents contained or incorporated New York choice of law provisions, New York law controlled under the analysis required by the Restatement (Second) of Conflict of Laws.  Therefore the New York statute of limitations, rather than Arizona’s, applied. Consequently the Court affirmed the district court’s holding that the plaintiff’s claims were time barred.

London-Marable v. The Boeing Co., 357 Fed. Appx. 61 (9th Cir. Nov. 19, 2009) (unpublished)
Steptoe represented the defendant corporation in this employment action.  The Court concluded that a memo given to the plaintiff did not constitute a contract which could form the basis of a breach of contract claim.  The Court also affirmed that the defendant’s conduct, viewed in the light most favorable to the plaintiff, did not constitute intentional infliction of emotional distress under Arizona law. 

Metropolitan Transportation Commission v. Motorola, Inc., No. 07-15576, 342 Fed. App'x 269 (9th Cir. July 1, 2009) (unpublished)
Represented a telecommunications manufacturer in appealing a decision that granted judgment on the pleadings and dismissal of counterclaims.  Obtained decision reversing the judgment on the pleadings and reversing dismissal of counterclaims for assignment and violation of the covenant of good faith and fair dealing.

Patterson v. Greeley, No. 05-15235, 325 Fed. App'x 541 (9th Cir. Apr. 19, 2009)
Represented an Arizona prisoner in appeal of dismissal of his suit for failure to exhaust his administrative remedies pursuant to the Prison Litigation Reform Act of 1995.

Xilinx, Inc. v. Commissioner of Internal Revenue Service, 567 F.3d 482 (9th Cir. 2009) (amicus)
Steptoe filed an amicus curiae brief seeking affirmance of a Tax Court decision interpreting federal regulations regarding the tax treatment of costs incurred in a joint venture to develop intangibles. 

Abagninin v. AMVAC Chemical Corp., 545 F.3d 733 (9th Cir. 2008)
Represented an international corporation in defense of an Alien Tort Statute case.  In affirming the district court’s holding, the Ninth Circuit held that an alien tort claim could not be asserted because the corporation was not acting like a governmental entity.  

Council of Insurance Agents & Brokers v. Molasky-Arman, 522 F.3d 925 (9th Cir. 2008)
Represented insurance agent and national trade association in challenge to Nevada’s countersignature requirement.  Obtained affirmance of district court’s decision declaring Nevada’s countersignature requirement unconstitutional under the Privileges and Immunities Clause. 

Phelps Dodge Miami, Inc. v. CanadianOxy Offshore Production Co., No. 08-80152 (9th Cir. Dec. 3, 2008)
Represented one of the plaintiff copper mining companies in a CERCLA cost-recovery action in Arizona.  Convinced the Ninth Circuit to hear interlocutory appeal on whether a potentially responsible party (PRP) may bring a claim under CERCLA section 107 against other PRPs for cleanup costs at a Superfund site where it incurred some of the costs in cleaning up the site pursuant to a judicially approved consent decree with the state.

United States v. Burlington Northern & Santa Fe Ry. Co., 520 F.3d 918 (9th Cir. 2008), reversed 556 U.S. 599 (2009)
Represented railroad in seeking rehearing en banc and obtained 8 votes dissenting from denial of rehearing en banc.  

Burlington Northern & Santa Fe Ry. Co. v. Vaughn, 509 F.3d 1085 (9th Cir. 2007)
Represented railroad in seeking declaratory and injunctive relief against Tribe’s possessory interest tax as applied to railroad right-of-way through the reservation.  Obtained decision on interlocutory appeal that tribal official responsible for collection of challenged tax was not immune from suit.  

Carter v. Honeywell, Inc., 247 Fed. Appx. 872 (9th Cir. 2007)
On behalf of Honeywell, obtained decision affirming grant of summary judgment in its favor on employee’s wrongful termination claim and on employer’s unjust enrichment counterclaim.

Collins v. D.R. Horton, Inc., 505 F.3d 874 (9th Cir. 2007), cert. denied, 128 S. Ct. 1739 (2008)
Represented former high-ranking officers of corporation in appeal of a motion to vacate an arbitration award.   

Beeman v. TDI Managed Care Servs., 449 F.3d 1035 (9th Cir. 2006)
Represented pharmacy benefit manager in case alleging violations of California statutes.

Brezall v. Allstate Insurance Co., 205 Fed. Appx. 564 (9th Cir. 2006)
Represented insurance company, obtained decision that insurer complied with statute requiring underinsured motorist coverage.

Cox v. Amerigas Propane, Inc., 211 Fed. Appx. 585 (9th Cir. 2006)
Represented propane company, obtained decision affirming grant of summary judgment for propane company in retaliatory discharge case.  

Galaz v. United States, 175 Fed. Appx. 831 (9th Cir. 2006)
Represented petroleum company defendant in Federal Tort Claims Act suit based on exposure to jet fuel supplied to naval station.

Glanton v. AdvancePCS, Inc., 465 F.3d 1123 (9th Cir. 2006)
Represented pharmacy benefits management company, obtained decision that plan participants did not have standing to sue for breach of fiduciary duty under ERISA. 

Public Utilities Commission of the State of California v. FERC, 462 F.3d 1027 (9th Cir. 2006)
Represented electric utility in dispute over FERC’s orders relating to the energy crisis in California in 2000 and 2001.  

Dorn v. BNSF, 397 F.3d 1183 (9th Cir. 2005)
Reversed compensatory and punitive damages award against railroad in grade crossing accident.

CE Distribution, LLC v. New Sensor Corp., 380 F.3d 1107 (9th Cir. 2004)
Obtained reversal of dismissal of contract and trademark action for lack of personal jurisdiction based in part on the newly recognized doctrine of pendent personal jurisdiction.

US Court of Appeals – Tenth Circuit

United States v. Angelos, 417 Fed. App’x 786 (10th Cir. 2011) (unpublished)
Represented criminal defendant asserting constitutional violations including ineffective assistance of counsel during plea negotiations and trial.

Koch Industries, Inc. v. United States, 603 F.3d 816 (10th Cir. 2010)
Represented taxpayer in appeal concerning accounting method to record income received from long term commitment that state highway would meet performance standards over time. 

Wyoming ex rel. Crank v. United States, 539 F.3d 1236 (10th Cir. 2008) (amicus)
Represented amicus curiae in support of defendant United States in Wyoming’s challenge to ruling by Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  

US Court of Appeals – Eleventh Circuit

CSX Transp., Inc. v. Ala. Dep’t of Revenue, 720 F.3d 863 (11th Cir. 2013), petition for certiorari pending (amicus)
Steptoe filed an amicus curiae brief for the Association of American Railroads in a case challenging the imposition of sales and use tax on the purchase of diesel fuel by railroads in the State of Alabama.  Steptoe’s amicus brief argued that the sales tax was discriminatory against rail carriers in violation of the 4-R Act because motor carriers and water carriers were exempt from the tax.  The Eleventh Circuit agreed and held that Alabama’s sales tax violated the 4-R Act.

Norfolk Southern Railway Co. v. Alabama Dept. of Revenue, 550 F.3d 1306 (11th Cir. 2008)
Represented railroad in an expedited appeal under the Railroad Revitalization and Regulatory Reform Act of 1976 seeking to enjoin collection of the Alabama sales and use tax on diesel.

CSX Transportation, Inc. v. Georgia State Board of Equalization, 552 U.S. 9 (2007) (amicus), on remand, 521 F.3d 1300 (11th Cir. 2008) (per curiam)
Represented amicus curiae in support of petitioner urging reversal of a ruling that had limited the evidence railroads could offer in district court in attempting to prove discrimination under the 4-R Act.  The Supreme Court, in a unanimous opinion written by Chief Justice Roberts, agreed with the arguments put forth by petitioner and amicus curiae.

CSX Transportation, Inc. v. State Bd. of Equalization, 472 F.3d 1281 (11th Cir. 2006)
Represented national railroad association as amicus curiae in challenge to state property taxes under 4-R Act.

United States  v. Martin, 455 F.3d 1227 (11th Cir. 2006)
Government appeal of reasonableness of downward sentencing departure for former executive’s cooperation in HealthSouth fraud prosecutions.

US Court of Appeals – DC Circuit

NACS, formerly known as Nat’l Ass’n of Convenience Stores v. Bd. of Governors of the Fed. Reserve Sys., --- F.3d ----, 2014 WL 1099633 (DC Cir. 2014)
Represented merchant associations, including NACS, National Retail Federation, Food Marketing Institute, and National Restaurant Association, in a challenge to rules imposed by the Board of Governors of the Federal Reserve System to regulate the fees that may be charged for the swipe of a debit card.  This case involved multiple questions whether the rules were contrary to the requirements of the Dodd-Frank Act.

EchoStar Satellite LLC v. Fed. Commc’ns Comm’n, 704 F.3d 992 (DC Cir. 2013)
This case involved a decade-long dispute over the propriety of the FCC’s encoding rules.  Steptoe represented a telecommunications company in an appeal challenging the FCC’s authority to issue rules limiting which encoding methods a telecommunications service provider may use to prevent unauthorized access to their broadcasts.  The DC Circuit struck down the rules as exceeding the FCC’s statutory authority.

Occidental Permian Ltd. v. FERC, 673 F.3d 1024 (DC Cir. 2012)
Represented an energy transmission project as intervenor in support of final orders of the Federal Energy Regulatory Commission granting the transmission project negotiated rate authority.  The DC Circuit agreed with arguments made in Steptoe’s brief that the plaintiffs lacked standing to sue and dismissed the case.

Blackman v. District of Columbia, 633 F.3d 1088 (DC Cir. 2011)
Steptoe and the Bazelon Center for Mental Health, as class counsel, obtained a fee award for fees related to monitoring the District of Columbia’s compliance with a consent decree addressing the shortcomings in the District of Columbia’s obligations under the Individuals with Disabilities Education Act.  The DC Circuit agreed with Steptoe’s argument that the statutory fee cap was $4,000 per class member.  Since the class exceeded 6,000 members, the Court affirmed an attorneys’ fees award of $1.45 million. 

Gordon v. Holder, 632 F.3d 722 (DC Cir. 2011) (amicus)
Steptoe represented amici curiae convenience-store associations in an appeal of the district court’s denial of a motion for a preliminary injunction in a case challenging the constitutionality of the Prevent All Cigarette Trafficking Act.

United States v. Safavian, 649 F.3d 688 (DC Cir. 2011) (per curiam)
Represented the General Service Administration’s deputy chief of staff convicted of obstructing investigations and making false statements in an appeal challenging the addition of charges to a superseding indictment as prosecutorial vindictiveness.

United States v. Slough, 641 F.3d 544 (DC Cir. 2011), petition for certiorari pending
Represented private security contractors charged with voluntary manslaughter and weapons violations arising out of a shooting in Iraq in appeal of district court’s dismissal of the indictments as tainted by immunized statements.

AEP Texas North Co. v. STB, 609 F.3d 432 (DC Cir. 2010)
Represented railroad as intervenor in case concerning the agency’s decision not to recalculate the cost of equity capital for the years 1998 through 2005. 

Gaujacq v. Electricite de France International,  601 F.3d 565 (DC Cir. 2010)
Steptoe represented a French utility, its U.S. operating arm, and its former CEO in a gender discrimination case brought by a former executive.  Steptoe obtained summary judgment for its client in the trial court and an affirmance on appeal.  The court described the plaintiff’s behavior as “ongoing antics” and “obstructionist” and affirmed a grant of summary judgment.

Flint Hills Res. Alaska, LLC v. FERC, 627 F.3d 881, 2010 WL 4909462 (DC Cir. 2010)
Represented an oil pipeline company that owns an interest in the Trans Alaska Pipeline System in an appeal of the FERC’s orders approving pipeline rates.

Pharmaceutical Care Mgmt. Ass’n v. District of Columbia, 613 F.3d 179 (DC Cir. 2010)
As counsel for a national trade group that represents pharmacy benefits managers nationwide, Steptoe obtained a decision that ERISA preempts portions of a DC law seeking to impose fiduciary standards and disclosure obligations on pharmaceutical benefits managers performing administrative services for ERISA-covered plans.

Southern Cal. Edison Co. v. FERC, 603 F.3d 996 (DC Cir. 2010)
Steptoe represented Southern California Edison in challenging FERC’s authority to set the measurement period for the sale of station power.  Reversing several years of contrary authority, the Court ruled that FERC did not have jurisdiction over electric sales to power generators for the electricity they consume at their facilities. 

Saleh v. Titan Corp., 580 F.3d 1 (DC Cir. 2009), Saleh v. CACI Intl. Inc., No. 08-7001, 349 Fed. App'x 550 (DC Cir. Sep. 11, 2009)
Steptoe represented a government contractor that supplied interrogators to support the military’s mission in Iraq in litigation brought by detainees at Abu Ghraib prison.  The DC Circuit ruled in the contractor’s favor, holding that the federal interest in the prosecution of war was sufficiently strong to preempt the Iraqi plaintiffs’ state law tort claims where the civilian contractors were integrated into the military operation.  The Court also held that the plaintiffs had no claims under the Alien Tort Statute.

United States v. Philip Morris USA, Inc., 566 F.3d 1095 (DC Cir. 2009) (amicus)
In this RICO suit against cigarette manufacturers and tobacco-related trade organizations, Steptoe filed an amicus brief on behalf of the National Association of Convenience Stores.  While affirming the judgment in most aspects, the DC Circuit vacated the portion that affected convenience stores. Citing the Steptoe brief, the Court instructed the district court to either abandon that portion of the order or revise it to protect the rights of innocent third parties such as convenience stores.

Adeyemi v. District of Columbia, 525 F.3d 1222 (DC Cir. 2008)
On appeal, represented deaf applicant against the District of Columbia for unlawful employment discrimination.

BNSF Railway Co. v. Surface Transportation Board, 526 F.3d 770 (DC Cir. 2008)
Represented railroad as petitioner challenging aspects of an agency’s rulemaking and as intervenor defending other aspects of agency’s rulemaking. 

PCMA v. District of Columbia, 522 F.3d 443 (DC Cir. 2008)
Represented national trade association of pharmacy benefit managers in constitutional challenges to District of Columbia’s AccessRx Act.  Obtained reversal of decision granting summary judgment based on collateral estoppel.

Simon v. Republic of Iraq, 529 F.3d 1187 (DC Cir. 2008)
Represented American citizens and family members who brought personal injury actions against the Republic of Iraq alleging torture and being held hostage.  Obtained decision that actions were timely and political question doctrine did not bar the claims.

Williams Energy Services, LLC v. FERC, 2008 WL 2684125 (DC Cir. June 24, 2008) (unpublished)
Filed motion to dismiss on behalf of appellee.  Petitioner subsequently moved to dismiss voluntarily.

Frontier Pipeline Co. v. FERC, 452 F.3d 774 (DC Cir. 2006)
On behalf of oil pipeline, obtained decision vacating agency’s multi-million dollar award of reparations to shippers of oil under a joint rate for through movements.  Also obtained affirmance of agency’s decision to deny reparations to third parties that did not directly contract with pipeline to ship oil pursuant to joint rate.

PCMA v. District of Columbia, 173 Fed. Appx. 3 (DC Cir. 2006)
In an appeal of a preliminary injunction involving Takings and federal preemption issues, the court remanded the case to the district court for further consideration in light of intervening precedent and maintained the preliminary injunction in favor of our client.  

Southern California Edison Co. v. FERC, No. 05-1125 (DC Cir. 2006)
Represented electric utility in dispute over allocation of costs with several California cities.  Shortly after Steptoe filed its opening brief, FERC voluntarily asked the Court for a remand, so that it could rethink its position.  FERC subsequently ruled in favor of our client.

United States v. Gewin, 471 F.3d 197 (DC Cir. 2006)
Appeal in securities fraud case.

BNSF v. STB, 403 F.3d 771 (DC Cir. 2005)
Vacated agency order that allowed shipper to initiate a new rate complaint. 

BP West Coast Products v. FERC, 374 F.3d 1263 (DC Cir. 2005), cert. denied, 544 U.S. 1043  (2005)
Represented oil pipeline carrier in challenge to agency's authority to order refunds on a rate that the agency itself prescribed.

Atlantic City Electric Co. v. FERC, 329 F.3d 856 (DC Cir. 2003)
As lead counsel for electrical utilities in Mid-Atlantic region, won mandamus to enforce court order that FERC lacked authority to deprive utilities of certain statutory and contractual rights.

In re NRG Power Marketing Inc., No.03-1189 (DC Cir. 2003)
As counsel for the intervenor utility, persuaded court to deny emergency stay of FERC order directing bankrupt supplier to continue performance under power sales contract.

Atlantic City Elec. Co. v. FERC, 295 F.3d 1 (DC Cir. 2002)
As lead counsel for electric utilities in Mid-Atlantic region, won decision overturning FERC orders requiring them to relinquish various statutory and contractual rights in order to form independent system operator.

US Court of Appeals – Federal Circuit

Allergan, Inc. v. Barr Labs., Inc., 501 Fed. App’x 965 (Fed. Cir. 2013)
Represented a pharmaceutical company in an appeal in a patent infringement case regarding claim construction and non-obviousness in a patent for a drug used to treat glaucoma and reduce intraocular pressure.

Aristocrat Techns. Australia Pty Ltd. v. Int’l Game Tech., 709 F.3d 1348 (Fed. Cir. 2013)
Represented gaming manufacturer in a patent infringement lawsuit filed against another manufacturer.  The district court granted summary judgment of non-infringement based on the then-current standard of MuniAuction to prove infringement.  While the appeal was pending, the Federal Circuit issued its ruling in Akamai, which overruled the MuniAuction standard.  The Federal Circuit vacated the district court’s grant of summary judgment in this case, allowing the gaming manufacturer to pursue its patent infringement claim.

Ashley Furniture Indus., Inc. v. United States, 734 F.3d 1306 (Fed. Cir. 2013), rehearing en banc denied (amicus)
Represented amicus in a case involving a First Amendment challenge to the United States’s application of the Continued Dumping and Subsidy Offset Act.

Astrazeneca LP v. Breath Ltd., 542 Fed. App’x 971 (Fed. Cir. 2013) 
Represented a pharmaceutical company in an appeal of a lower court determination that another company’s patents for treatment of asthma were either invalid or not infringed.

Biogen Idec, Inc. v. GlaxoSmithKline LLC, 713 F.3d 1090 (Fed. Cir. 2013)
Represented pharmaceutical companies on appeal from the lower court’s decision of non-infringement by another company’s antibody product used in the treatment of chronic lymphocytic leukemia.

Intellect Wireless, Inc. v. HTC Corp. & HTC Am., Inc., 732 F.3d 1339 (Fed. Cir. 2013)
Represented a telecommunications company in an action challenging the enforceability of a patent due to inequitable conduct.

NSK Corp. v. United States Int’l Trade Comm’n, 716 F.3d 1352 (Fed. Cir. 2013)
Represented a manufacturer in an action involving a second sunset review of an antidumping duty orders on ball bearings.

Randall Mfg. v. Rea, 733 F.3d 1355 (Fed. Cir. 2013)
Steptoe challenged the validity of a patent for moveable bulkheads for partitioning cargo space in a shipping container by filing a request for inter partes reexamination of the patent.  This case is the second time in the history of inter partes reexaminations that the Federal Circuit has reversed a ruling by the Board of Patent Appeals.  Steptoe represented a manufacturer in challenging the Board’s finding that combining prior art references was not something that a person of “ordinary skill in the art would have been motivated” to do.  The manufacturer argued below that the combination of the prior art was obvious.  The Federal Circuit agreed, concluded that the Board ignored substantial evidence showing that the combination was obvious, and vacated the Board’s decision.

United States v. Great Am. Ins. Co. of New York, 738 F.3d 1320 (Fed. Cir. 2013) (amicus)
Represented amicus The Surety & Fidelity Association of America in a case involving the statute of limitations and requisite notice attendant to claims related to surety bonds provided to the U.S. government to secure payment of antidumping duties.

Sioux Honey Ass’n v. Hartford Fire Ins. Co., 672 F.3d 1041 (Fed. Cir. 2012), cert. denied, 133 S. Ct. 126
Represented sureties named in class action lawsuit filed in the Court of International Trade.  The suit advanced common law claims against the sureties, including an allegation that the sureties negligently issued customs surety bonds.  On appeal, the Federal Circuit held that the Court of International Trade lacked subject matter jurisdiction over the common law claims against the sureties.

Canadian Wheat Bd. v. United States, 641 F.3d 1344 (Fed. Cir. 2011)
Represented foreign purchaser and seller of grain and obtained a decision ordering a refund of all unliquidated, deposited duties paid on its wheat exports to the United States pursuant to antidumping and countervailing duty orders that were invalidated. 

Qimonda AG v. International Trade Comm’n, 407 Fed. App’x 449 (Fed. Cir. 2011) (per curiam) (unpublished)
Represented intervenor technology companies in appeal from decision of US International Trade Commission.

SKF USA Inc. v. United States, 630 F.3d 1365 (Fed. Cir. 2011)
Represented exporters of ball bearings in decision vacating in part an antidumping ruling.  The Federal Circuit held that the Department of Commerce had failed to explain adequately its decision to change the methodology for calculating the exporters’ constructed value.

Advanced Magnetic Closures, Inc. v. Rome Fastener Corp., 607 F.3d 817 (Fed. Cir. 2010)
Represented a law firm in appeal of an adverse ruling under 28 U.S.C. § 1927 based on that firm’s role in a district court patent infringement case. On appeal, obtained a complete reversal of the lower court’s ruling as to the firm. 

Sunbeam Products, Inc. v. Homedics, Inc., 412 Fed. App’x 263 (Fed. Cir. 2010) (unpublished)
Represented consumer products maker in patent infringement case challenging district court’s claim construction.

Thai I-Mei Frozen Foods Co., Ltd. v. United States, 616 F.3d 1300 (Fed. Cir. 2010)
Represented a Thai shrimp exporter in an antidumping case regarding the Commerce Department’s determination of its governing statute.

United States Steel Corp. v. United States, 621 F.3d 1351 (Fed. Cir. 2010)
Represented Corus Staal, an importer of hot-rolled carbon steel flat products from the Netherlands, in an antidumping case.  Domestic steel producers challenged the Department of Commerce’s revocation of the anti-dumping order against Corus Staal.  The Federal Circuit upheld the Department of Commerce’s determination.

Felix v. American Honda Motor Co., Inc., 562 F.3d 1167 (Fed. Cir. 2009)
Represented truck manufacturer in suit filed by patent owner claiming infringement.  The Federal Circuit agreed with summary judgment holding there was no literal infringement and no infringement by equivalents.  

SKF USA, Inc. v. US Customs and Border Protection, 556 F.3d 1337 (Fed. Cir. 2009)
Represented producer in constitutional challenge to distribution of antidumping duties collected by Customs pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (the “Byrd Amendment”).  The Court concluded that domestic producer’s claim for antidumping distributions was not time barred and that the statute is constitutional.

Canadian Lumber Trade Alliance v. United States, 517 F.3d 1319 (Fed. Cir. 2008)
Represented Canadian producers as appellees.  Obtained decision affirming judgment of the Court of International Trade. 

Mittal Steel Point Lisas Ltd. v. United States, 542 F.3d 867 (Fed. Cir. 2008)
Represented foreign manufacturer in appeal concerning the fungibility of steel wire rod imports and their fair market value

Mittal Steel Point Lisas Ltd. v. United States, 548 F.3d 1375 (Fed. Cir. 2008)
Represented importer in appeal from determination of the United States Court of International Trade that composite rod is non-prime merchandise.

Paul Muller Industrie GMBH & Co. v. United States, 203 Fed. Appx. 789(Fed. Cir. July 10, 2008) (per curiam) (unpublished)
Represented exporters in appeal from ruling of the United States Court of International Trade. 

SKF USA, Inc. v. United States, 512 F.3d 1326 (Fed. Cir. 2008) (per curiam)
Represented exporters in appeal of administrative review of antidumping duty orders covering ball bearings from France.

SKF USA, Inc. v. United States, 537 F.3d 1373 (Fed. Cir. 2008)
Represented exporters in appeal of administrative ruling concerning methodology in calculating antidumping margins.

Corus Staal BV v. United States, 502 F.3d 1370 (Fed. Cir. 2007)
Represented importer in appeal regarding antidumping order for hot-rolled steel from Netherlands.

Eurodif S.A. v. United States, 506 F.3d 1051 (Fed. Cir. 2007)
Represented domestic uranium enricher in review of antidumping and countervailing duty determinations of Department of Commerce for low enriched uranium used in fuel rods.

Verizon Services Corp. v. Vonage Holdings Corp., 503 F.3d 1295 (Fed. Cir. 2007)
Represented provider of VOIP services, obtained stay pending appeal in patent dispute.  Obtained decision overturning $58 million jury award against provider of VOIP services in a patent infringement case and remanding the case for retrial on multiple issues.

Board of Trustees of Bay Med. Ctr. v. Humana Military Healthcare Svcs., 447 F.3d 1370 (Fed. Cir. 2006)
Represented provider of managed care support services in challenge to district court’s jurisdiction over hospital’s contract claim arising from Department of Defense’s CHAMPUS program.

Caribbean Ispat Ltd. v. United States, 450 F.3d 1336 (Fed. Cir. 2006)
On behalf of foreign manufacturer, successfully challenged ITC determination that imports had materially injured domestic industry.

Norsk Hydro Canada, Inc. v. United States, 472 F.3d 1347 (Fed. Cir. 2006)
Represented Canadian metallurgical company in seeking setoff against future duties due to Customs’ prior overcharge assessed upon magnesium and alloy exports.

Steen v. United States, 468 F.3d 1357 (Fed. Cir. 2006)
Represented a commercial fisherman in seeking review of a ruling by the Court of International Trade regarding his application for a “trade adjustment assistance” cash benefit.

Corus Staal BV v. Dep't of Commerce, 395 F.3d 1343 (Fed. Cir. 2005)
Represented foreign steel manufacturer challenging "zeroing" methodology used by Department of Commerce to calculate weighted-average dumping margin for the foreign manufacturer's imports into the United States.

Eurodif S.A. v. United States, 411 F.3d 1335 (Fed. Cir. 2005)
Represented US enricher of uranium in interlocutory appeal of certified questions from US Court of International Trade concerning scope of Department of Commerce jurisdiction over imports of low enriched uranium into the United States.

Nucor Corp. v. United States, 414 F.3d 1331 (Fed. Cir. 2005)
Represented foreign steel manufacturer in appeal by domestic steel producers from negative injury determination in ITC antidumping and countervailing duty investigation. Court sustained the negative injury determination, in light of safeguard relief the industry had already obtained.

John Hancock Financial Services v. United States, 378 F.3d 1302 (Fed. Cir. 2004)
Represented mutual life insurance company in appeal relating to the interplay of the "tax benefit rule" and section 809 of the Internal Revenue Code.