Representative Cases

Jeffrey L. Fisher
Partner - Seattle, Washington Office

JeffFisher@dwt.com
(206) 622-3150

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Representing clients in First Amendment, criminal defense, and other constitutional matters, primarily at the appellate level.

Media and First Amendment Law

Commercial Speech: Co-authored amicus brief in U.S. Supreme Court on behalf of forty media-related organizations in case involving the level of protection that the First Amendment affords to business regarding their communications with the media. Decision is reported at: Nike, Inc. v. Kasky, 123 S. Ct. 2554 (2003).

Access to Information: Represented coalition of media entities in federal FOIA and First Amendment appeal to the Department of Justice’s refusal to divulge the identities of persons detained in post-September 11 terrorism investigation. Decision on appeal is reported at: Center for National Securities Studies v. Department of Justice, 331 F.3d 918 (D.C. Cir. 2003).

Defamation Defense: Successfully represented coalition of media entities as amicus in federal appeal of a multi-million dollar verdict in actual malice defamation case. The opinion reversing the verdict and ordering judgment for the defendant is reported at: Cobb v. Time, Inc., 278 F.3d 629 (6th Cir. 2002).

Anti-SLAPP Protection: Successfully represented amicus regarding right-to-petition and First Amendment right-to-association issues in first lawsuit involving Washington’s anti-SLAPP statute to reach Washington Supreme Court. Decisions are reported at: Right Price Recreation, LLC v. Connells Prairie Community Council, 46 P.3d 789 (Wash. 2002) & 21 P.3d 1157 (Wash. App. 2001).

Journalistic Privilege: Successfully represented The Seattle Times in opposing motion to compel production of journalistic notes and correspondence in a case that grew out of an investigative series published by The Times. Decision is reported at: Wright v. The Fred Hutchinson Cancer Research Center, 206 F.R.D. 679 (W.D. Wash. 2002).

Criminal Defense

Sentencing Procedures: Successfully represented criminal defendant in Blakely v. Washington. The Court held that the procedures in Washington state's sentencing guidelines for increasing sentences based on "aggravating facts" violated Sixth Amendment right to jury trial. The decision is reported at 542 U.S. 296 (2004). Also representing the petitioner in Burton v. Waddington, a case currently pending in the Court concerning the retroactivity of Blakely to federal habeas petitioners.

Confrontation Clause: Successfully represented petitioner in U.S. Supreme Court in Crawford v. Washington, 541 U.S. 36 (2004). The Court held unanimously that the defendant’s confrontation rights were violated by the admission of an alleged accomplice’s custodial confession implicating him in the incident. Also represented the petitioner in the U.S. Supreme Court in Davis v. Washington, 126 S. Ct. ____ (2006). The Court held that 911 calls implicate the Confrontation Clause when they report a completed crime but not when they describe an ongoing emergency.

Right to Counsel: Successfully represented respondent in U.S. Supreme Court in United States v. Gonzalez-Lopez, 126 S. Ct. ___ (2006). The Court held that a trial courts erroneous denial of a criminal defendant’s Sixth Amendment right to be represented by the counsel of his choice requires automatic reversal of his conviction.

Ex Post Facto Legislation: Co-authored brief on behalf of criminal defense organizations in U.S. Supreme Court in Stogner v. California, successfully arguing that a state statute that permitted certain criminal prosecutions after the original statute of limitations had expired violated the Ex Post Facto Clause. Decision is reported at: Stogner v. California, 123 S. Ct. 2446 (2003).

Other Constitutional and Appellate Matters

Private Right of Action: Representing petitioner in Global Crossing Telecommunications v. Metrophones Telecommunications, currently pending in the U.S. Supreme Court. The case involves whether a certain private right of action exists under the Communications Act of 1934.

Punitive Damages: Representing private plaintiffs in litigation over whether $5 billion punitive damage award against Exxon Corporation for its role in the Exxon Valdez oil spill violates the Due Process Clause. The most recent decision is reported at: In re the Exxon Valdez, 296 F. Supp. 2d 1071 (D. Ak. 2004).

Federal Preemption: Handled federal court appeal involving constitutional challenge to one of the State of Washington’s methods of distributing educational funds to public schools. Decision is reported at: Okanogan School District No. 105 v. Superintendent of Public Instruction, 291 F.3d 1161 (9th Cir. 2002).

Indigent Legal Services: Co-authored amicus brief on behalf of American Bar Association in the U.S. Supreme Court successfully arguing that Washington’s IOLTA program, which funds indigent civil legal services, does not violate the Fifth Amendment’s Takings Clause. Decision is reported at: Brown v. Washington Legal Foundation, 123 S. Ct. 1406 (2003).

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