Defeating the Attorney General of New York in Federal Court
Served as lead attorney for two of the defendants in a multi-week hearing in the U.S. District Court for the Eastern District of New York (Brooklyn) that resulted in a favorable ruling from the Court denying the State’s request for an injunction, a decision that was upheld on appeal. Ultimately, the State dismissed the case. As part of the representation, exposed how a witness for the State created a fake Facebook page to secretly monitor the defendants; personally appeared in segment on Shannon Bream’s Fox News at Night to discuss the case.
Protecting First Amendment Rights at the U.S. Supreme Court
Author or co-author of several briefs filed with the U.S. Supreme Court, including primary authorship of an amicus curiae brief urging the Supreme Court to limit the scope of immunity for social media companies under Section 230 of the Communications Decency Act, an amicus brief arguing for limitation of the so-called "government speech doctrine," and an amicus brief asking the Court to curtail the power of the Securities & Exchange Commission to coerce settling defendants into accepting "consent" decrees that violate the First Amendment.
Winning Religious Accommodation from the DC Government
Member of the legal team that represented a Catholic Religious Sister and physician who was denied a religious accommodation by the District of Columbia government, thus preventing her from providing free surgeries and other medical care to some of the District's poorest residents. Upon filing of the suit, the D.C. government immediately restored her medical license and granted the requested accommodation.
Challenging COVID Lockdown Orders
Member of the legal team that sued the City of Greensboro in the U.S. District Court for the Middle District of North Carolina for using COVID “lockdown” orders to prevent the exercise of core First Amendment activities. After filing of the suit, the City changed its practices.
Protected a Ministry's First Amendment Rights
Member of the legal team that successfully prosecuted a First Amendment lawsuit in the U.S. District Court for the Western District of North Carolina to challenge actions taken by the City of Charlotte that interfered with a ministry's activities. Court ordered the City to pay plaintiffs attorneys' fees and costs, which was upheld on appeal by the Fourth Circuit.
Secured Preliminary Injunction Against County Board of Elections
Secured federal court preliminary injunction reversing baseless "ban" imposed on nonpartisan election integrity advocate by a County Board of Elections in violation of her First Amendment rights.
Won Dismissal of All Claims Against Former Congressman
Obtained dismissal by the Court of all claims against a former Congressman and noted conservative political commentator, who was wrongfully sued for defamation in the U.S. District Court for the Western District of Virginia.
Challenging Speech Restrictions at Town Council Meeting
Represented plaintiffs in federal district court in New Jersey and the U.S. Court of Appeals for the Third Circuit to challenge restrictions on speech imposed by their town government for a special township committee meeting.
Represented the State of Tennessee to Protect the Tenth Amendment
Member of the legal team that represented the State of Tennessee, the Tennessee General Assembly, and two of its members in suing the federal government to challenge federal policies under the Tenth Amendment.
Representing the Lt. Governors of North Carolina and Virginia
Author of amici curiae brief for Lt. Gov. Mark Keith Robinson of North Carolina and Lt. Gov. Winsome Earle Sears of Virginia filed with the U.S. Supreme Court opposing the use of racial preferences in college admissions.
Represented the North Carolina Governor's Office Against U.S. DOJ
Member of the legal team that represented the Governor of North Carolina and other parties in defending a recently-enacted state law in high-profile constitutional litigation involving the U.S. Department of Justice and ACLU, after the N.C. Attorney General declined to defend the law.
Defending the Privacy of Students and Parents
Represented group of Wake County, North Carolina, parents in challenging school system practices that involved invasive questioning of students in the classroom about deeply personal issues, including family life.
Counsel for Scholars of Law & Economics
Served as counsel for several scholars from George Mason University's Mercatus Center in filing amici curiae briefs in North Carolina Superior Court and the North Carolina Court of Appeals to support an Institute for Justice challenge to North Carolina’s certificate of need laws.
Defended State Law Creating Religious Accommodation
Authored amicus curiae brief filed in the U.S. Court of Appeals for the Fourth Circuit that defended a religious accommodation created by state statute.
Advocates for the Right to Life in Michigan
Authored amici curiae briefs filed in the Michigan Supreme Court and Court of Appeals opposing efforts of Governor Gretchen Whitmer and private parties to have a right to abortion read into the Michigan Constitution.
Litigating to Protect Economic Liberties
Local counsel for the Pacific Legal Foundation in filing suit against the Town of Kill Devil Hills, North Carolina, to raise a challenge to an unconstitutional ordinance that violates the economic liberties of local vendors.
Fighting Administrative Agency Overreach
Local counsel for the Pacific Legal Foundation in filing an amicus curiae brief with the North Carolina Supreme Court challenging the authority of state agencies to create crimes by regulation without mens rea requirements.
Defending the Rights of Employees Against Religious Discrimination
Frequently represent employees in making requests for religious accommodations from their employers and in filing charges of discrimination with the EEOC.
Prevailed in Arguing that Employer was a "State Actor" and Thus Subject to Restrictions of the U.S. Constitution
Obtained ruling from arbitrator that an employer was a state actor subject to the restrictions of the U.S. Constitution, even though it contended it was an entirely private entity.
Obtained Reversal from N.C. Court of Appeals on Issue of Contractual Indemnity
Obtained favorable decision from the N.C. Court of Appeals agreeing with client's interpretation of contractual indemnity clause and reversing ruling by the trial court that reached a contrary conclusion. Afterwards, successfully defeated opponent's petition for further review by the N.C. Supreme Court.
Won Transfer of Venue in Major Railroad Crossing Accident Case
Secured transfer of venue from the U.S. District Court for the Eastern District of Pennsylvania to the U.S. District Court for the Eastern District of North Carolina of lawsuit arising from grade crossing accident involving major railroad and large trucking company.
Secured Reversal at N.C. Court of Appeals to Enforce Civil Judgment
Won reversal by the N.C. Court of Appeals of Superior Court order prohibiting enforcement of properly docketed and transcribed civil judgment over objection from non-party interest holder in subject property.
Summary Judgment for Tort Defendants Affirmed on Appeal
Successfully defended Superior Court’s grant of summary judgment in tort case at N.C. Court of Appeals and defeated effort of plaintiff-appellant to have the N.C. Supreme Court accept petition for review asking the Court to revisit state law on “relation back” of civil claims.
Summary Judgment for Railroad in ADA Case
Obtained early summary judgment for railroad defendants in ADA case based on untimeliness of claims, despite argument of plaintiff that time to file was tolled by proceedings before Public Law Board and actions of his labor union.