Appeals & Complex Briefing

In 2024, Davis won a 9-0 victory at the U.S. Supreme Court on behalf of a terminated federal employee in Harrow v. Department of Defense, 2024 WL 2193874 (U.S. 2024). Davis was brought in to argue the case pro bono by the University of California College of the Law San Francisco’s litigation center.

In 2023, Davis was retained for a Ninth Circuit antitrust appeal in Innovative Health, LLC v. Biosense Webster, Inc., 2024 WL 62948 (9th Cir. 2024). Berger Montague successfully revived the case from a grant of summary judgment and the case is now heading for trial. 

Also in 2023, Davis obtained a favorable ruling in the First Circuit Court of Appeals in Fraga v. Premium Retail Services, 61 F.4th 228 (1st Cir. 2023). The court adopted Plaintiffs’ proposed standard for exempting certain workers from the Federal Arbitration Act, providing them their day in court.

Other 2024 appellate arguments by Berger Montague attorneys include appearances by Daniel Walker in the Second Circuit (Giordano v. Saks Incorporated), Matt Summers (U.S. v. Felton) in the Seventh Circuit, and Sophia Rios in the Ninth Circuit (Osheske v. Landmark Theaters) (argument forthcoming).

A few of Berger Montague’s major appellate wins include:

• In re Hanford Nuclear Rsrv. Litig., 292 F.3d 1124 (9th Cir. 2002) (reversing 762-page order granting summary judgment for thousands of plaintiffs who were exposed to nuclear radiation);
• In re K-Dur Antitrust Litig., 2013 WL 5180857 (3d Cir. 2013)(major decision reversing dismissal and upholding certification of direct purchaser class in “pay for delay” drug case, leading to $60 million class action settlement);
• Cook v. Rockwell Int’l Corp., 790 F.3d 1088 (10th Cir. 2015) (paving the way to $375 million class action settlement for property owners against nuclear weapons facility with what then-Judge Gorsuch complimented as “judicial jiu jitsu”);
• In re Lipitor Antitrust Litig., 868 F.3d 231 (3d Cir. 2017) (reviving claims alleging monopolization of two different drugs which led to $93 million and $39 million class action settlements that are pending approval);
• In re Suboxone Antitrust Litig., 967 F.3d 264 (3d Cir. 2020) (upholding class certification that led to $385 million settlement for purchasers injured by a prescription drug monopolization effort);
• In re Abbott Lab’s, 96 F.4th 371 (3d Cir. 2024) (upholding district court’s use of the crime-fraud exception against pharmaceutical company that had engaged in sham litigation. Berger Montague successfully developed briefing in this case against two former U.S. Solicitors General).

Appeals & Complex Briefing attorneys at Berger Montague are also experienced trial court litigators. Alongside teams within and beyond the firm, they routinely drive successful results on dispositive motions, class certification, and motions to compel arbitration.

Contact Us To Learn More

We invite you to learn more about our Appeals & Complex Briefing team. Berger Montague welcomes referrals from other law firms, clients, and attorneys. For more information or to schedule a confidential discussion about a potential appeal, district court brief, amicus brief, or petition for certiorari please fill out the contact form on the right, email us at [email protected], or contact Joshua Davis. We are available to evaluate potential appeals and complex briefing support in federal and state courts without charge.