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Our Commitment to Diversity

REPRESENTATIVE EXPERIENCE

John Longstreth

Thomas More Law Center v. Obama — Amicus for major health groups in litigation concerning the Affordable Care Act (651 F.3d 529)
CMA CGM S.A v. Inchcape Shipping Services Ltd. — Prosecution of breach of contract, conspiracy and alter ego claims, obtained temporary restraining order leading to settlement
Montana Consumer Counsel v. FERC — defense of first appellate challenge nationwide to grant of market-based rate authority for electricity seller under triennial market power reviews (326 Fed. App’x 990)
St. Lawrence Seaway Pilots Ass’n v. U.S. Coast Guard — APA action invalidating rate rule; agency then instituted higher rate on emergency basis on remand and paid attorney’s fees under EAJA (85 F. Supp. 3d 197); successful challenge to attorney’s fee expense rule (357 F. Supp. 3d 30).
American Great Lakes Ports Association v. Zukunft -- successful defense of Coast Guard rule setting pilotage rates (296 F. Supp. 3d 27; 301 F. Supp. 3d 99).
Menkes v. St. Lawrence Seaway Pilots Association — Obtained dismissal and affirmance on appeal of antitrust and First Amendment claims (269 Fed. App’x 54)
Halverson v. Pena — Challenge to agency transfer of regulatory authority; agency rule vacated by federal court of appeals; client also received award of attorney’s fees under Equal Access to Justice Act (129 F.3d 180, 206 F.3d 1205)
Crowley’s Yacht Yard, Inc. v. Pena — Prosecution of two Administrative Procedure Act challenges to rule threatening client’s business; rules vacated and government also paid client’s attorney’s fees in both actions (863 F. Supp. 18; 886 F. Supp. 98
Sea-Land Service, Inc. v. Danzig — Amicus in support of appellant in discrimination and overcharge claims under military cargo preference act; decision vacated (211 F.3d 1373)
Puget Sound Energy v. Sellers of Energy/ San Diego Gas & Electric Co. v. Sellers of Energy — Defense of electricity seller in agency and appellate proceedings to recreate “competitive” rate levels and award refunds for sales into allegedly “dysfunctional” California and Pacific Northwest electricity markets; claims dismissed in full at agency and settled for a nominal amount during second appeal (151 FERC ¶ 61,173; 153 FERC ¶ 61,386)
California ex rel. Harris v. FERC — Affirmance of agency order applying Mobile-Sierra doctrine to spot electricity sales in the Pacific Northwest; case settled thereafter for a nominal amount (809 F.3d 491)
Lakes Pilots Ass’n v. U. S. Coast Guard, obtained vacatur and remand of agency order requiring repayment of alleged overcharges; on remand agency abandoned request for repayment. (2013 U.S. Dist. LEXIS 140029, 2013 WL 5435048)
La. Pub. Serv. Comm'n v. FERC — Representation of electricity consumers group on appeal in challenge to agency jurisdiction to shift costs between utilities (522 F.3d 378)
National Credit Union Administration v. First National Bank & Trust Co. — Representation of amicus curiae in Supreme Court challenge to credit union membership policy (118 S. Ct. 927)
United States v. New Mexico Supreme Court — Amicus representation of American Bar Association in support of application of New Mexico ethical rule to federal attorneys. (839 F.3d 888)
White v. Chapman — Representation of civil rights plaintiff in obtaining substantial settlement of federal and state claims for wrongful arrest and prosecution; also successful briefing of public right of access to records issue (2015 WL 4360329, 4740482)
Johnson v. Ponton — Representation of habeas petitioner seeking retroactive application of Supreme Court decision on juvenile sentencing; petition for certiorari granted and case remanded for further proceedings (136.S Ct. 2443); also argued the matter in the court of appeals (780 F.3d 219)
Port of New York and New Jersey v. DOT — Representation of airlines in appeals of DOT decision on airport fees (479 F.3d 21)
Avis Budget Group v. City of Newark —Challenge to municipality’s airport car rental tax under the dormant commerce clause and the federal Anti-Head Tax Act (427 N.J. Super. 326, 48 A.3d 1113)
Grove, Inc. v. DOT — Challenge to agency’s refusal to recertify disadvantaged business enterprise for airport concession; primary basis of agency’s disallowance reversed and business then recertified (578 F. Supp. 2d. 37)
Digicon Corp. v. United States — Obtained settlement of government contract claim following ruling that contract was valid (56 Fed. Cl. 425)
City of Cape Coral v. FWS — Representation of municipality with respect to rulemaking and permitting decisions under Endangered Species Act
Premier Automotive Supply v. MPA — Successful defense of port against Shipping Act and constitutional claims (492 F.3d 274)
U.S. Ship Management, Inc., v. Maersk Line, Ltd. — Representation of world’s largest shipping company in arbitrations and federal trial and appellate proceedings arising out of participation in a national defense program (2004 U.S. App. Lexis 19630; 2004 U.S. Dist. Lexis 24685, 357 F. Supp. 2d 924)
Castegneto v. Corporate Express, Inc. — Defense of antitrust class action alleging illegal tying. Claims dismissed (13 F. Supp. 2d 114; 1998-1 Trade Cas. 72,083
PPL Wallingford Energy LLP v. FERC — Obtained D.C. Circuit vacatur of agency decision rejecting a cost-based energy contract valued at $30.7 million annually (419 F.3d 1194)
Tunison v. Continental Air Lines — Defense of civil rights claim. Injunctive claims dismissed, jury verdict of zero for plaintiff, costs awarded to defendant on appeal (26 Avi. (CCH) 15,814, 162 F.3d 1187)
Glen Holly Entertainment, Inc. v. Tektronix, Inc. — Successful defense of antitrust and fraud claims; antitrust claims dismissed initially and after repleading; fraud claims dismissed on summary judgment (100 F. Supp. 2d 1073, 100 F Supp. 2d 1086)
Kessler v. City of Charlottesville — Successful defense of a First Amendment challenge to the City’s denial of a permit to “Unite the Right” organizer (No. 18-15, W.D. Va
R.O. White & Co. v. Port of Miami Terminal Operating Co, — Successful defense of port at Federal Maritime Commission in challenge to enforcement of joint venture restrictions at terminal (31 S.R.R. 783)
Daras et al. v. Texaco, Inc. — Prosecution of Robinson-Patman Act claims; matter settled after defeat of summary judgment motions

Bluewater Network v. EPA --  Amicus in support of EPA vessel emissions regulations (372 F. 3d 404)

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