SELECTED EXAMPLES OF LITIGATION EXPERIENCE
● Served as principal appellate Counsel in 70 appeals and as co-counsel in close to
● Delivered 65 appellate oral arguments, including two en banc arguments before
the D.C. Court of Appeals.
● Served as principal trial Counsel in 25 jury trials and in more than 10 bench trials,
administrative trials, and arbitrations.
● Served as principal appellate Counsel in 21 reported cases shaping the law of“medical malpractice” in the District of Columbia.
French v. Levitt, ___ A.2d ___ (July 8, 2010)
Convit v. Wilson, 980 A.2d 1104 (D.C. 2009)
Schoonover v. Chavous, 974 A.2d 876 (D.C. 2009)
Warren v. Medlantic Health Group, Inc., 936 A.2d 733 (D.C. 2007)
Hill v. Medlantic Health Care Group, 933 A.2d 314 (D.C. 2007)
Nwaneri v. Sandidge, 931 A.2d 466 (D.C. 2007)
Drs. Groover, Christie & Merritt, P.C. v. Burke, 917 A.2d 1110 (D.C. 2007)
Strickland v. Pinder, 899 A.2d 770 (D.C. 2006)
Caulfield v. Stark, 893 A.2d 970 (D.C. 2006)
Burke v. Scaggs, 867 A.2d 213 (D.C. 2005)
Faggins v. Fischer, 853 A.2d 132 (D.C. 2004)
Hall v. Carter, 825 A.2d 954 (D.C. 2003)
Hawes v. Chua, 769 A.2d 797 (D.C. 2001)
Bond v. Ivanjack, 740 A.2d 968 (D.C. 1999)
George Washington University v. Scott, 711 A.2d 1257 (D.C. 1998)
Durphy v. Kaiser Foundation Health Plan of Mid-Atlantic States, Inc.,
698 A.2d 459 (D.C. 1997)
Gregory v. Greater Southeast Community Hospital Corp.,
697 A.2d 1221 (D.C. 1997)
Leisher v. Conrad, 41 F.3d 753 (D.C. Cir. 1994)
George Washington University v. Waas, 648 A.2d 178 (D.C. 1994)
Robinson v. Washington Internal Medicine Associates, P.C., 647 A.2d
1140 (D.C. 1994); and
Cauman v. George Washington University, 630 A.2d 1104 (D.C.
● Served as principal appellate Counsel in four reported cases arising from “medical
malpractice” actions and governing practice and procedure in Virginia and West Virginia.
Karpacs-Brown v. Murthy, 224 W. Va. 516, 686 S.E.2d 746 (2009)
Hutchins v. Talbert, 278 Va. 650, 685 S.E.2d 658 (2009)
Ponirakis v. Choi, 262 Va. 119, 546 S.E.2d 707 (2001)
Jan Paul Fruiterman, M.D., and Associates, P.C. v. Waziri, 259 Va.
540, 525 S.E.2d 552 (2000)
● Serving as Counsel for a psychiatrist in a case successfully upholding the
confidentiality of mental health records against unwarranted intrusion even by a medical
licensing authority. Maryland State Board of Physicians v. Eist, 176 Md. App. 82, 932
A.2d 783 (2007) (now pending in the Maryland Court of Appeals).
● Co-author of the Brief for the Federal Bar Association, as amicus curiae
successfully urging rejection of the "control group" test for the attorney-client privilege,
in Upjohn Co. v. United States, 449 U.S. 383 (1981).
● Served as trial Counsel in one of the earliest cases to proceed, through full jury
trial, in the United States District Court for the District of Columbia under amendments
to the Civil Rights Act of 1991 governing equal employment opportunity. See Lewis v.
American Foreign Service Ass'n, 846 F. Supp. 71 (D.D.C. 1993), and 846 F. Supp. 77
● Briefed and argued the first successful challenge in the District of Columbia to the
use of racially based peremptory strikes during jury selection, resulting in the set aside of
a multi-million dollar verdict, in Brown v. Neurodiagnostic Associates, P.C., 121 Daily
Washington Law Reporter 145 (D.C. Super. Ct. 1992).
● Litigated substantial issues involving labor and employment law and the
Employee Retirement Income Security Act; commercial, corporate and partnership law;
unfair competition; insurance coverage; and tort law in state and Federal courts and
agencies and before tribunals of the American Arbitration Association. See, e.g.:
American National Red Cross v. Vinton Roofing Co., 629 F. Supp.2d 5
(D.D.C. 2009), and 697 F. Supp.2d 71 (D.D.C. 2010)
Jung v. George Washington University, 875 A.2d 95 (D.C. 2005)
Wild v. Alster, 377 F.Supp.2d 186 (D.D.C. 2005)
Lively v. Flexible Packaging Ass’n, 830 A.2d 874 (D.C. 2003) (en
Dorn v. McTigue, 121 F. Supp.2d 17 (D.D.C. 2000)
Vaughan v. Nationwide Mutual Insurance Co., 702 A.2d 198
Davis-Dodson v. District of Columbia Dept. of Employment Services,
697 A.2d 1214 (D.C. 1997)
Messina v. Nationwide Mutual Insurance Co., 998 F.2d 2 (D.C. Cir.
Prince v. Hartford Life and Accident Insurance Co., 780 F. Supp. 1069
(E.D. Va. 1991)
Bell v. Forti, 85 Md. App. 345, 584 A.2d 77 (1991)
Hartford Fire Insurance Co. v. National Rural Electric Company
Cooperative Ass'n, 734 F. Supp. 17 (D.D.C. 1990)
QuesTech, Inc. v. Hartford Accident and Indemnity Co., 713 F. Supp.
956 (E.D.Va. 1989)
Towers v. Horner, 791 F.2d 1244 (5th Cir. 1986) (counsel for amicus
Walters v. Nat'l Ass'n of Radiation Survivors, 473 U.S. 305 (1985)
(counsel for amicus curiae)
United States v. Weber Aircraft Corp., 465 U.S. 792 (1984) (counsel
for amicus curiae)
Halkin v. Helms, 690 F.2d 977 (D.C. Cir. 1982)
Delong v. United States, 621 F.2d 618 (4th Cir. 1980)
Grove Press, Inc. v. CIA, 608 F.2d 926 (2d Cir. 1979)
Driver v. Helms, 577 F.2d 147 (1st Cir. 1978) (rev'd, in part, on other
grounds, 444 U.S. 527 (1980)); and
First National City Bank v. Kline, 439 F. Supp. 726 (S.D.N.Y. 1977)
● Appeared as counsel or co-counsel on several Petitions for a Writ of Certiorari, or
Briefs in Opposition to Petitions, filed in the Supreme Court of the United States. See,
e.g., Gordon v. Hendricks, October Term, 2005; Stebbins v. District of Columbia,
October Term, 1988; Dabney v. Montgomery Ward, October Term, 1982.
● Litigated numerous disappointed-bidder cases involving the award of Government
contracts. See, e.g., TAB, Inc., GSBCA No. 8768-P, 87-1 BCA 19,495 (Dec. 9, 1986);
Gibraltar Industries, Inc. v. United States, 2 Cl.Ct. 589 (1983); Eastern Canvas Products,
Inc. v. Brown, 580 F.2d 675 (D.C. Cir. 1978); General Electric Co. v. Kreps, 456 F.
Supp. 468 (D.D.C. 1978); Steuart Petroleum Co. v. United States, 438 F. Supp. 527
● Represented businesses and individuals in equal employment opportunity
enforcement proceedings before the United States Department of Labor and Equal
Employment Opportunity Commission.
● Negotiated final terms of $2.7 settlement, in the late 1980’s, with the United
States on behalf of 15 former Federal employees, after favorable employment law
decision in Blalock v. Department of Agriculture, 28 M.S.P.R. 17 (1985), aff’d, 793 F.2d
284 (Fed. Cir. 1986), cert. denied, 479 U.S. 1043 (1987).
● Was co-lead counsel in consolidated actions in the United States District Court for
the Southern District of California involving more than $200 million in controversy and
culminating in a 7-week jury trial. The claims included fraud, breach of contract,
business torts, the Federal Racketeer Influenced and Corrupt Organizations Act, and
pendent State law claims. The litigation included proceedings before the American
Arbitration Association, the United States Bankruptcy Court, and the United States Court
of Appeals for the Ninth Circuit, as well as the United States District Court.
● Was a principal member of the litigation team in a commercial case extending for
7 years and involving discovery of millions of documents, more than 100 depositions,
proceedings before a Special Master, and litigation of a collateral issue through the
Supreme Court of the United States. See Curtiss-Wright Corp. v. General Electric Co.,
446 U.S. 1 (1980).
● Served for several years as a Mediator for civil cases for the United States District
Court for the District of Columbia.