Michael Kimberly
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Michael is a nationally recognized appellate lawyer. He has argued nine cases before the U.S. Supreme Court and delivered more than 40 appellate arguments in courts across the country, including every general federal court of appeals and numerous state courts. With a remarkable success rate, Michael has won two of every three cases he has argued.
Key Matters
Some of the experience represented below may have been handled at a previous firm.
Recent Appellate Victories
- Boyette v. Montefiore Medical Center, 2025 WL 48108 (2d Cir. 2025) – successfully defended dismissal of ERISA breach-of-fiduciary-duty class action on standing and pleading grounds
- Medical Imaging Technology Association v. Library of Congress, 103 F.4th 830 (D.C. Cir. 2024) – successfully established that the Library of Congress is subject to suit under the APA
- Appvion Retirement Savings and Employee Stock Ownership Plan v. Buth, 99 F.4th 928 (7th Cir. 2024) – successfully defended dismissal of an ERISA breach-of-fiduciary duty class action
- Chamber of Commerce v. Lierman, 90 F.4th 679 (4th Cir. 2024) – obtained reversal of a dismissal on ripeness grounds of First Amendment challenge to a “no stating the tax” law
- Matter of Comptroller of Maryland, 328 A.3d 811 (Md. App. Ct. 2024) – retained by Potomac Edison to successfully appeal a tax court decision worth $10 million annually
- Scott v. University of Chicago Medical Center, 107 F.4th 752 (7th Cir. 2024) – successfully defended the dismissal of a complaint concerning compelled vaccinations in the maternity ward
- Medicaid & Medicare Advantage Products Association v. Emanuelli Hernandez, 58 F.4th 5 (1st Cir. 2023) – successfully defended invalidation of state law under Medicare preemption
- BDO USA, LLP v. Jia-Sobota, 283 A.3d 699 (D.C. 2022) – obtained reversal of a denial of a motion to compel arbitration on waiver grounds
- Louisiana Independent Pharmacies Association v. Express Scripts, 41 F.4th 473 (5th Cir. 2022) – successfully defended dismissal of a reverse-preemption suit on jurisdictional grounds
- Virginia Hospital & Healthcare Association v. Kimsey, 2022 WL 604049 (4th Cir. 2022) – obtained reversal of the dismissal of a Medicaid preemption and Takings Clause case
Recent Regulatory Litigation Victories
- Americans for Beneficiary Choice v. DHHS, 2024 WL 3297527 (N.D. Tex. 2024) – obtained preliminary injunction against enforcement of the Medicare Compensation Rule
- International Fresh Produce Association v. DOL, – F. Supp. 3d – (S.D. Miss. 2024) – obtained preliminary injunction on preclusion grounds against a farm worker union rights regulation
- Wild Virginia v. Council on Environmental Quality, 56 F.4th 281 (4th Cir. 2022) – intervened for trade groups in defense of favorable regulation, successfully obtaining dismissal of the suit