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Michael B. Kimberly

Michael B. Kimberly

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The National Law Journal 2017

Mayer Brown’s Supreme Court & Appellate practice recognized among the “elite of the elite”

– Reuters Special Report

Appellate Briefs

Read appellate briefs authored by Michael

Michael Kimberly briefs and argues complex appeals and trial-court motions with primary focus on the antitrust laws, environmental law, and constitutional law. He has argued appeals in courts throughout the country, including twice in the United States Supreme Court, three times before the en banc courts of appeals, and numerous other times in the Second, Fourth, Sixth, Seventh, Eighth, and Ninth Circuits, and various state courts. In all, Michael has written and filed over 200 briefs in the Supreme Court and all 13 federal courts of appeals.

Michael is widely recognized as a rising star in the area of Supreme Court and appellate litigation. He was identified by The Legal 500 (2017) as a “next generation” Supreme Court practitioner and by Law360 (2016) as a top appellate advocate under 40, with “a yearslong track record of effective advocacy before the nation’s highest court.” Michael has been described in The Washington Post (2015) as a “seasoned Supreme Court practitioner,” and according to Reuters (2014), he is among “the top handful of lawyers in America” who “dominate” the docket of the US Supreme Court. Michael has also been profiled in The National Law Journal’s Appellate Hot List (2015) and in Greenwire (2016), a leading publication covering environmental news. For his work on the “waters of the United States” litigation in the Sixth Circuit and Supreme Court, Michael was recently recognized as an Energy & Environmental Trailblazer by The National Law Journal (2017).

Michael’s recent Supreme Court successes include a unanimous victory in the partisan gerrymandering case, Shapiro v. McManus, 136 S. Ct. 450 (2015). For his groundbreaking win before a special three-judge district court on remand in that same case, Common Cause awarded Michael its 2017 National Defender of Democracy Award, and The American Lawyer named him a “Litigator of the Week.”

Michael also represented the petitioner in France v. United States, 136 S. Ct. 583 (2015), a white collar criminal case in which Michael’s briefing persuaded the Solicitor General to confess error. In the courts of appeals, Michael recently obtained a categorical victory for his clients in American Farm Bureau Federation, et al. v. EPA, 836 F.3d 963 (8th Cir. 2016), an important FOIA case concerning the privacy rights of family farmers and ranchers. Before that, Michael obtained interlocutory appellate review and reversal of the denial of United’s motion to dismiss in the antitrust case, DPWN Holdings v. United Airlines, 747 F.3d 145 (2d Cir. 2014); and a 9-6 reversal for his institutional civil rights clients in Poventud v. City of New York, 750 F.3d 121 (2d Cir. 2014) (en banc).

Michael co-directs the Yale Law School Supreme Court Clinic, which regularly represents civil rights, immigrant, and criminal defense litigants before the Supreme Court. The Yale clinic is one of the oldest and most successful Supreme Court clinics in the country. Michael is also a regular participant in the Georgetown Supreme Court Institute.

A summa cum laude graduate of Princeton University, Michael received his JD from Yale Law School, where he served as Editor of The Yale Law Journal and Executive Editor of the Yale Law and Policy Review. Following law school, Michael clerked for Judge Michael Daly Hawkins on the US Court of Appeals for the Ninth Circuit.
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