Jason Zarrow

Although much of Jason’s practice is dedicated to bringing an appellate lawyer’s eye to trial work, he is also an experienced appellate advocate—both defending favorable trial judgments and overturning unfavorable ones. He has authored numerous merits, amicus, and cert-stage briefs in the U.S. Supreme Court and even more in state and federal courts of appeal. He handles not only post-judgment appeals, but interlocutory appeals as well. Indeed, as part of a comprehensive legal strategy, Jason often advises clients on options and strategies for interlocutory review—including of class certification decisions under Rule 23(f)—because interlocutory review is often the only way to secure appellate consideration of critical legal issues in practice. Jason has been recognized for his appellate work by Legal 500.

Given his deep understanding of his clients’ industry sectors, Jason’s strategic vision extends beyond any single case. In developing a legal strategy, Jason always keeps the bigger picture in view, as he considers how cases can be postured to favorably develop the law and where future litigation risks lie.  Likewise, Jason is always attuned to settlement strategy and maximizing settlement leverage because oftentimes, the best litigation is none at all.

• Co-authored successful motion to dismiss briefs in case challenging pharmaceutical pricing.  
• Co-authored merits brief in Dubin v. United States, regarding the scope of the federal aggravated identity theft statute. Argued en banc in the Fifth Circuit
• Co-authored merits brief in Ciminelli v. United States, regarding the scope of the federal criminal fraud statutes
• Co-authored successful merits brief in Jam v. International Finance Corp., 139 S.Ct. 759 (2019), which clarified the scope of international organizational immunity under the International Organizations Immunities Act
• Co-authored successful merits brief in Ayestas v. Davis, 138 S. Ct. 1080 (2018), which clarified the standard for receiving funding for investigative services in capital cases under 18 U.S.C. § 3599(f)
• Co-authored successful merits brief in China Agritech Inc. v. Resh, 138 S. Ct. 1800 (2018), which held that the tolling rule of American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), does not apply to successive class actions
• Argued and prevailed in the Fourth Circuit in Harwood v. American Airlines, Inc., concerning mitigation of damages and attorney’s fees under the federal military reemployment statue (USERRA)
• Argued and prevailed in the Fifth Circuit in Williams v. Reeves, which held that state sovereign immunity did not bar school rights suit under statute readmitting Mississippi to representation in Congress after the Civil War. Successfully defeated en banc review in the Fifth Circuit and stay application in the Supreme Court.
• Argued and prevailed in the Fourth Circuit in Sotnikau v. Lynch, which held that involuntary manslaughter is not categorically a crime involving moral turpitude
• Co-authored successful briefs in appeal challenging classification of real estate agents as independent contractors under California law
• Co-authored successful briefs in wage-and-hour class action, resulting in reversal of class certification
• Co-authored successful briefs in appeal affirming dismissal of plaintiffs’ claims challenging the common practice of credit “freezes” for lack of standing
• Co-authored numerous appellate and trial court briefs on the scope of Airline Deregulation Act preemption
• Co-authored numerous appellate and trial court briefs on whether paid military leave is required under USERRA
• Co-authored numerous briefs on the scope of Railway Labor Act preemption
• Co-authored brief on the intersection of abstention doctrine and Railway Labor Act preemption