O'Melveny Clients Receive Good News From the US Supreme Court in June

6月 18, 2010


Piper Hall
O'Melveny & Myers LLP

Sonja Steptoe
O'Melveny & Myers LLP

WASHINGTON, DC ─ JUNE 18, 2010 ─ O’Melveny & Myers LLP has had a strong month in the US Supreme Court, capping an impressive track record for the 2009-2010 Term.  In June alone, O’Melveny teams led by Appellate Practice Group partners Walter Dellinger, Sri Srinivasan, and Jonathan Hacker won victories in a high-profile immigration case and a major interstate dispute over radioactive waste disposal, and persuaded the Court to grant certiorari in a securities law case with significant implications for the pharmaceutical industry.


In Carachuri-Rosendo v. Holder, the Court on June 14 ruled unanimously that immigrants with convictions for minor offenses can seek discretionary relief from removal to enable them to remain in the country.  The outcome of the case, which was argued by Srinivasan and handled by O’Melveny pro bono, was applauded by editorials in the New York Times, the Los Angeles Times, and the Huffington Post.  As the New York Times wrote on June 17, “the decision gives hope to other immigrants fighting deportation on minor charges that are taken far too seriously by the government.”


The same day the Court decided Carachuri-Rosendo, it also granted a petition for certiorari filed by O’Melveny in Matrixx Initiatives, Inc. v. Siracusano.  In that case, the Court will consider whether a publicly traded pharmaceutical company client is required to disclose “adverse event reports”—i.e., a report that a user experienced an adverse physical or medical event after using the product—when the reports are not statistically significant.  Hacker led the team that filed the Matrixx petition.


Earlier in June, an O’Melveny team prevailed on behalf of the State of North Carolina on June 1 in Alabama v. North Carolina, which involved an interstate dispute concerning the disposal of low-level radioactive waste.  The Court’s decision overturned a US$90 million fine levied against North Carolina by an interstate compact commission.  The case was briefed by Hacker and argued by Dellinger.


O'Melveny’s June accomplishments come on top of numerous other notable achievements in the Court this Term.  In February, O’Melveny won a 9-0 decision in Hertz Corp. v. Friend, a major business case argued by Srinivasan that established a new diversity jurisdiction standard.  O’Melveny also filed numerous amicus curiae briefs, including three that were specifically cited by the Justices in majority and dissenting opinions.  In Graham v. Florida, the Court cited an amicus brief filed by O’Melveny partner Matt Shors on behalf of the Sentencing Project in holding that the Constitution prohibits sentencing juveniles to life imprisonment without parole for non-homicide offenses.  In Conkright v. Frommert, an important employee benefits case, the Court cited an amicus brief filed by Srinivasan on behalf of leading actuaries.  And in Berghuis v. Thompkins, Justice Sotomayor's dissent in the closely divided 5-4 decision involving Miranda warnings cited an amicus brief filed by Hacker in his capacity as co-chair of the National Association of Criminal Defense Lawyers’ Supreme Court Amicus Committee.


“We're very proud of the stellar results Walter, Sri, Jon, Matt, and their team members have achieved for clients before the Supreme Court this Term,” said Brad Butwin, chair of O’Melveny’s Litigation Department.  “These recent victories continue a pattern of excellence stretching back many years that has made O’Melveny’s Appellate Practice preeminent.  It’s gratifying that clients facing or seeking High Court review of their cases repeatedly turn to our lawyers because of their proven ability to write compelling briefs and deliver persuasive arguments on a wide range of legal issues.”


For details on these matters, please view the attached Fact Sheet.  O’Melveny’s Global Communications staff is prepared to arrange interviews with the lawyers who secured the victories.


About O’Melveny’s Appellate Practice
O’Melveny’s Appellate Practice group is one of the nation's preeminent appellate practices.  Our appellate lawyers have collectively argued more than 70 cases in the US Supreme Court, and have written briefs in hundreds more, both at the merits and certiorari stages.  The practice is headed by Walter Dellinger, former Acting Solicitor General of the United States and former head of the Department of Justice’s Office of Legal Counsel.  Members of the practice include several veterans of the Office of the Solicitor General, other former DOJ lawyers, and numerous former Supreme Court and federal appellate clerks.


About O’Melveny & Myers LLP

With approximately 1,000 lawyers in 14 offices worldwide, O’Melveny & Myers LLP helps industry leaders across a broad array of sectors manage the complex challenges of succeeding in the global economy.  We are a values-driven law firm, guided by the principles of excellence, leadership, and citizenship.  Our commitment to these values is reflected in our dedication to improving access to justice through pro bono work and championing initiatives that increase the diversity of the legal profession.  For more information, please visit www.omm.com.