Jones Day named to the National Law Journal's 2022 “Appellate Hot List”
The National Law Journal named Jones Day to its annual “Appellate Hot List” for 2022. This is the 10th time the Firm has been included on this list.
“Whether at the Supreme Court or in federal and state appellate courts nationwide, Jones Day lawyers prevailed in cases involving cutting-edge issues and producing precedent-setting outcomes,” said Traci Lovitt, the head of Jones Day's Issues & Appeals Practice. “Our deep bench of Issues & Appeals lawyers includes more than 40 Supreme Court clerks and more than 60 former federal courts of appeals clerks. Nearly half of the practice’s lawyers are based outside of Washington, offering clients local appellate experience and facilitating integration with trial teams across the country.”
In a high-profile and much-awaited decision on the final day of its term, the Supreme Court ruled in favor of Jones Day’s client, the North American Coal Corporation, in West Virginia v. EPA, and determined that the EPA did not have clear authorization from Congress to curb greenhouse gas emissions from existing power plants through generation shifting. Applying the major questions doctrine, the Court determined that without a clear delegation of power from Congress, the EPA could not deploy a little-used and vague section of the Clean Air Act, Section 111(d), to enact sweeping changes to the energy sector.
The Supreme Court also ruled favorably for Jones Day clients in Alabama Association of Realtors v. HHS, with Jones Day successfully representing property owners challenging the Centers for Disease Control and Prevention’s (“CDC”) nationwide moratorium on evictions. The Court held that it “strains credulity to believe” that Congress granted “the CDC the sweeping authority that it asserts” for the moratorium.
And, on behalf of Qualcomm Incorporated, Jones Day won a Federal Circuit appeal on a novel issue of statutory interpretation of the America Invents Act ("AIA"). In Section 311(b), the AIA limits inter partes reviews to challenging patent claims as anticipated or obvious and “only on the basis of prior art consisting of patents or printed publications.”