Joseph P.Falvey (Joe)

Associate

Washington + 1.202.879.3656

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Joe Falvey helps clients navigate high-stakes litigation at both the trial and appellate levels.

Joe has litigated complex civil cases in a wide variety of federal and state trial courts, helping secure victories for clients ranging from The Washington Post and the Archdiocese of Washington to Sanofi-Aventis U.S. LLC and Blue Cross Blue Shield of Massachusetts. He has also represented clients in litigation involving numerous government entities, including the Department of Justice, Environmental Protection Agency, Department of Health and Human Services, Consumer Protection Safety Commission, and state health and school regulators.

At the appellate level, Joe has argued before the U.S. Court of Appeals for the Seventh Circuit, and he has briefed cases in the U.S. Supreme Court and half of the regional U.S. Courts of Appeals, including recent wins in the First and Third Circuits.

Before joining Jones Day, Joe served as a law clerk to Chief Justice of the United States John G. Roberts Jr., Judge Thomas B. Griffith of the U.S. Court of Appeals for the District of Columbia Circuit, and Judge Dabney L. Friedrich of the U.S. District Court for the District of Columbia. Before attending law school, Joe served as an infantry officer in the U.S. Marine Corps.

Experience

  • Blue Cross Blue Shield of Massachusetts prevails in First Circuit on ERISA claims brought by Massachusetts Laborers’ Health & Welfare FundIn an important win for the third-party administrator (TPA) industry, Jones Day persuaded the U.S. Court of Appeals for the First Circuit to affirm the dismissal of ERISA claims brought by the Massachusetts Laborers’ Health & Welfare Fund against Blue Cross Blue Shield of Massachusetts (BCBSMA).
  • Sanofi successfully challenges HHS enforcement of Section 340B drug pricing statuteJones Day successfully represented Sanofi in litigation challenging the U.S. Department of Health and Human Services' (HHS) enforcement action under Section 340B of the Public Health Service Act.
  • Washington Post defeats reporter's discrimination claimsThe D.C. Superior Court granted Jones Day's motion to dismiss, on behalf of The Washington Post and a group of current and former senior editors, in a high-profile case filed by one of the newspaper's national political reporters.
  • Consumer organization successfully challenges structure of Consumer Product Safety CommissionJones Day successfully represented a consumer organization in a constitutional challenge to the structure of the Consumer Product Safety Commission.
  • Virginia parents obtain injunction against mask mandate in Loudoun County public schoolsJones Day assisted Virginia parents in successfully challenging the Loudoun County School Board’s mask mandate, which required public school students to wear masks throughout the school day regardless of their parents’ wishes.
  • Scientist challenges composition of EPA advisory committeesJones Day represents Dr. S. Stanley Young, a scientist challenging the composition of two United States Environmental Protection Agency (EPA) advisory committees — the Science Advisory Board and the Clean Air Scientific Advisory Committee.
  • Employer challenges OSHA under nondelegation doctrineJones Day represents Allstates Refractory Contractors, LLC in challenging the United States Occupational Safety and Health Administration's (OSHA) statute as a violation of the nondelegation doctrine.
  • Catholic Archdiocese of Washington obtains preliminary injunction against D.C. worship restrictionsJones Day represented the Catholic Archdiocese of Washington in obtaining a preliminary injunction against the District of Columbia's COVID-related restrictions on the number of people who can attend indoor worship services.
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