* Each case is different. Success in past cases does not guarantee success in any future case. Each success below was obtained as part of a team at a prior firm.
- Accomplished remarkable and possibly unprecedented turnaround in case where an Indian national was charged in the federal court in Baltimore with health care fraud based on allegations that his pharmacy chain billed government insurance programs for expensive prescriptions that were never picked up or delivered.
- When representation of client began in March 2015, jury had found him guilty after five-week trial, court had entered preliminary forfeiture order of over $4.7 million, and he faced imminent sentence of 12 years in prison followed by deportation. Obtained leave to supplement trial counsel’s one-and-a-half-page motion for new trial with claims of ineffective assistance of counsel (for failing to retain essential experts and failing to present available exculpatory evidence) and prosecutorial misconduct (for presenting false evidence to jury and violating Brady). On afternoon before two-day hearing on motion for new trial, government conceded it violated due process by presenting false evidence to jury and joined in motion, which court granted the next day. United States v. Annappareddy, No. 13-CR-00374 (D. Md. June 3, 2016).
- After court scheduled eight-week second trial, moved to dismiss case with prejudice because prosecutors were reckless and willfully blind in presenting false evidence to jury on three categories of material facts and violated Brady as to one such category. Court scheduled hearing on motion. In the 48 hours before hearing, filed three more motions to dismiss for three more instances of prosecutorial misconduct: deliberately presenting false evidence on another key fact, intentionally destroying exculpatory documents after trial, and knowingly misinforming trial jury and grand jury about applicable laws. At hearing, court dismissed case with prejudice after finding a series of due process violations that “shock[s] the conscience.” United States v. Annappareddy, No. 13-CR-00374 (D. Md. Sept. 1, 2016). The dismissal became final on October 21, 2016, when the Fourth Circuit granted the government’s motion to withdraw its appeal.
- Won acquittals in Ohio federal court on nine of ten counts after month-long trial in case where owner of direct marketing company was charged with conspiracy, violating campaign finance laws, causing false statements to be made to the Federal Election Commission, obstruction of justice, and attempted witness tampering. Charges arose from employees donating around $200,000 to two candidates for Congress and company giving them checks, within day of donations, in amounts matching donations. Sole guilty verdict was on attempted witness tampering.
- Achieved favorable plea agreement, three weeks before trial, in case in Ohio state court where software development company and its two principals were charged with nearly 150 total felony counts, including gambling, engaging in a pattern of corrupt activities, money laundering, and possessing criminal tools. Charges were based on company licensing software that allowed businesses to offer free sweepstakes entries with purchases and to reveal results via images simulating casino games. Each principal pled guilty to only a single misdemeanor count that was expunged after one year.
- Obtained mistrial after three-and-a-half-week trial, with jury voting eleven-to-one to acquit on each count, in case where elected official was charged in federal court in D.C. with conspiracy, federal programs fraud, federal programs bribery, and obstruction of agency proceeding. Charges stemmed from client’s company allegedly obtaining no-bid supply orders in amounts just below $10,000 in violation of local procurement rules requiring competitive bids for orders of $10,000 or more while he was in office. Government declined to retry case.
- Significantly undercut government’s position before trial of elected official in federal court in D.C. by winning partial dismissals of indictment and superseding indictment for, respectively, (i) failing to allege essential element of fraud count and basing fraud and bribery counts on events outside limitations period, and (ii) alleging conspiratorial objective that was legally impossible during key period.
- Persuaded prosecutors to agree to transfer case in Vermont state court to juvenile court for non-custodial disposition by filing motion to dismiss prosecution of minor as adult for manslaughter, based on one-car accident that occurred when he was 14 years old, on ground that he was being charged more harshly than similarly situated adults in violation of Equal Protection Clause.
Pharmaceutical Products-Liability And Consumer-Protection Actions
- In lawsuit in D.C. Superior Court seeking $25 million for alleged musculoskeletal injuries from use of prescription medication, persuaded court to (i) strongly suggest it would exclude plaintiff’s lead causation expert and schedule a Frye hearing, and (ii) sanction plaintiff for discovery violations and rule that it would hold an evidentiary hearing on whether to give adverse inference instruction. Case settled favorably before hearings occurred.
- Obtained favorable settlement, early in discovery, by filing a motion for judgment on the pleadings, on grounds including lack of standing and failure to allege essential elements of RICO claims, in putative nationwide class action by third-party payors seeking to recover purported overpayments for prescription medication in Southern District of New York.
- Achieved favorable resolution for manufacturer on day of jury selection in consumer-protection action by West Virginia Attorney General seeking to recover all payments made by anyone in the State for prescription medication and other costs purportedly related to the medication.
- In consumer-protection action by Kentucky Attorney General against pharmaceutical manufacturer that was originally filed in Kentucky state court, persuaded Judicial Panel on Multidistrict Litigation to transfer case to antitrust MDL in New York federal court.
Other Complex Civil Litigation
- Obtained temporary restraining order from Ohio state court allowing Internet café businesses in that State to reopen and to resume offering sweepstakes through software developed by company that was indicted under Ohio’s gambling statutes.
- Achieved settlement for technology company, at start of discovery in bet-the-company case, for less than one-sixth of the damages for which it was sued in breach-of-contract action in Southern District of New York. Company’s CEO called my work “excellent.”
- Won summary judgment on all 14 issues in litigation over entitlement to insurance and takings proceeds in Eastern District of Virginia. Court issued 47-page opinion that largely mirrored my briefs.
- In class action alleging that Texas real properties worth nearly $80 million were owned by estate of former Philippine President Marcos and should be used to partially satisfy purported Illinois judgment, obtained favorable settlement before opposition to motion for summary judgment was due.
- Obtained reversal in appeal of Hawaii federal court’s extension of $2 billion judgment and denial of intervention by client against which plaintiff class sought to enforce judgment in Texas. Ninth Circuit held that client was entitled to intervene and that judgment was invalid. In re Estate of Ferdinand E. Marcos Human Rights Litig., 536 F.3d 980 (9th Cir. 2008), denied sub nom. Hilao v. Revelstoke Inv. Corp., 129 S. Ct. 1993 (2009).
- Achieved favorable outcome in case involving Commerce Clause challenge to application of Controlled Substances Act to patient’s medical use of home-grown marijuana on physician’s recommendation, Gonzales v. Raich, 125 S. Ct. 2195 (2005), and Due Process Clause and medical necessity challenges on remand, Raich v. Gonzales, 500 F.3d 850 (9th Cir. 2007).
- Won reversal without oral argument in prisoner’s Third Circuit appeal of district court’s order dismissing Bivens claims for purported failure to exhaust administrative remedies.