The National Law Journal named Jones Day to its annual "Appellate Hot List" for the eighth consecutive year.
"We are proud to be recognized on National Jaw Journal's 'Appellate Hot List' for the eighth consecutive year," said Beth Heifetz, leader of Jones Day's Issues & Appeals Practice. "Our lawyers are skilled advocates who handle the most significant and challenging appeals. It's our innovative arguments that result in landmark precedents in the Supreme Court and in federal and state appellate courts nationwide."
Asked by the National Law Journal about the Firm's top appellate wins over the past year, partner Shay Dvoretzky cited Jones Day's success in Merck v. Albrecht. "We represent[ed] Merck in a case involving failure-to-warn claims. Pharmaceutical manufacturers can prevail by proving the [Food and Drug Administration] would have rejected the warning. In Merck v. Albrecht, however, the Third Circuit required manufacturers to prove this defense to a jury, by clear and convincing evidence, effectively gutting it. [U.S.] Supreme Court review seemed unlikely without a split. But [we] asked the court to rein in the lower courts' disregard for preemption, not to resolve a split. After the FDA took Merck's side, the court granted certiorari and unanimously reversed. By putting preemption back in judges' hands, the court eased manufacturers' path toward victory."
Read the National Law Journal's "Appellate Hot List" interview with Jones Day partner Shay Dvoretzky (subscription required).