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DWT's Appellate Practice Representative Experience

At DWT, we believe the most effective counsel blends traditional training with inventive thinking. We feel we serve our clients best by taking time to know them and their industry. As a result, clients look to us to help them achieve their litigation goals.

Because of our strong reputation in the appellate area, other attorneys seek out our expertise and knowledge. We frequently handle appeals for matters that DWT has tried, as well as cases that are referred to us from other attorneys.

 

United States Supreme Court Experience

Parents Involved v. Seattle Sch. Dist., Docket 05-908 -- Represented parents in Equal Protection Clause challenge to a school district’s use of race in its student admissions plan in the W.D. Wash., 9th Cir. (en banc), Washington State Supreme Court, and U.S. Supreme Court (argued Dec. 4, 2006); prevailed at the Supreme Court in a ruling issued on June 28, 2007.

Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, 127 S.Ct. 1513 -- Represented telecommunications company in case involving whether the Communications Act of 1934 allows a private party to bring suit in federal court for an alleged violation of an FCC regulation.

US v. Cuauhtemoc Gonzalez-Lopez , 126 S. Ct. 2557 (2006) -- The Court held that a trial court’s 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.

Adrian Martell Davis v. Washington , 126 S. Ct. 2266 (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.

Metro-Goldwyn-Mayer Studios v. Grokster Ltd ., 125 S.Ct. 2764 (2005) -- The Court held that Internet file-sharing services can be held responsible for distributing software that is intended primarily for use by customers to swap music and movies illegally. DWT was co-counsel in representing the songwriter and music publisher plaintiffs in this case.

Crawford v. Washington, 124 S. Ct. 1354 (2004) - Represented criminal defendant in a landmark decision strengthening the Sixth Amendment right to confront one's accuser

Blakely v. Washington, 124 S. Ct. 2531 (2004) - Represented criminal defendant in case establishing a Sixth Amendment right to a jury trial concerning facts that would increase a defendant's sentence under state sentencing guidelines.

Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (1998) & 534 U.S. 1127 (2002) - Represented Columbia in copyright infringement case involving statutory damages issues and the right to a jury trial.

United States v. Playboy Entertainment Group, Inc ., 120 S. Ct. 1878 (2000) -- Striking down regulation of sexually-oriented cable networks under section 505 of the Telecommunications Act of 1996 as a violation of the First Amendment.

Hanlon v. Berger, 526 U.S. 808 (1999) - Represented CNN in litigation against media for involvement in police's execution of allegedly unconstitutional search warrant.

Vernonia School District v. Acton, 515 U.S. 646 (1995) - Represented school district in case establishing right of public school districts to require students to undergo drug testing consistent with the Fourth Amendment.

 


 

Amicus Curiae Briefs

Morse v. Frederick, 06-278 (2007)--Filed an amicus brief in support of upholding a ruling from the Ninth Circuit that student banner at Olympic torch parade was protected speech under the First Amendment because it did not threaten substantial disruption.

Cunningham v. California, 127 S. Ct. 856 (2007)--Filed amicus brief on behalf of the National Association of Criminal Defense Lawyers, successfully arguing that California's felony sentencing system violated the Sixth Amendment right to trial by jury.

Hein v. Freedom from Religion Foundation, Inc., No. 06-157 -- Filed an amicus brief in support of upholding a ruling from the Seventh Circuit which held that taxpayers have standing to challenge a series of conferences funded as part of the White House "faith-based initiatives" program.

Ganno v. Lanoga Corporation, 80 P.3d 180 (Wash. App. 2004) - Counsel to building materials association in case of first impression holding that customers, not sellers, are responsible for securing loads when sellers do not voluntarily undertake to do so.

Center for National Securities Studies v. U.S. Department of Justice, 331 F.3d 918 (D.C. Cir. 2003) - Counsel to national media in support of access to names of individuals detained in the federal government's terrorism investigation.

Nike, Inc. v. Kasky, 123 S. Ct. 2554 (2003) - Submitted amicus brief at certiorari and merits stages on behalf of media entities in support of First Amendment commercial speech rights

Lockyer v. Andrade, 123 S. Ct. 1166 (2003) - Co-authored brief on behalf of national and California criminal defense organizations in U.S. Supreme Court arguing that California's "three strikes" law constituted cruel and unusual punishment as applied to petty offenses

Brown v. Washington Legal Foundation, 123 S. Ct. 1406 (2003) - 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

Lorillard Tobacco v. Reilly, 533 U.S. 525 (2001) - Counsel to national media in support of First Amendment protection for tobacco advertising.

Greater New Orleans Broadcasting Ass'n v. United States, 527 U.S. 173 (1999) - Counsel to broadcasting and advertising industries in support of First Amendment protection for casino gambling advertising.

 

Other Appellate Experience

CBS v. FCC , No. 06-3575 (3d Cir.) -- represent CBS in its constitutional and statutory challenge to the $550,000 fine for broadcast indecency arising from the 2004 Super Bowl halftime show with Janet Jackson and Justin Timberlake.

 

 

Appellate Legal Services

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