Linda Coberly

Selected Appellate Victories in Argued Cases:

• U.S. Supreme Court, 2024: Secured a 9–0 reversal of a ruling by the Second Circuit in a case addressing the scope of the private right of cation under the federal securities laws.
• Second Circuit, 2023: Defeated an appeal in a putative class action attempting to assert claims under a state consumer fraud statute based on an alleged omission of information about the presence of trace amounts of heavy metals in dog food.
• Seventh Circuit, 2022: Obtained a win for a government contractor in a billion-dollar municipal contract in an appeal from the dismissal of an antitrust lawsuit on the basis of state-actor antitrust immunity.

• Eighth Circuit, 2022: Prevailed on appeal in a long-standing contract dispute case relating to a confidentiality agreement.

• Fifth Circuit, 2022: Obtained affirmance of a take-nothing judgment in a contract dispute worth more than US$200 million between an oil producer and a manufacturer of drilling equipment, earning runner-up status for The American Lawyer’s Litigator of the Week.
• Eighth Circuit, 2021: Defeated a demand for a preliminary injunction (and the ensuing appeal) against a new and beneficial policy for allocating donated kidneys for transplant.
• Second Circuit, 2021: Secured a resounding win in a massive coverage dispute arising out of flood damage caused by Superstorm Sandy.
• Ninth Circuit, 2021: Defeated an appeal concerning the standards for an award of fees under California’s § 1717 in the context of a bankruptcy confirmation proceeding.
• Wisconsin Supreme Court, 2020: Obtained discretionary review and reversal in the Wisconsin Supreme Court of a jury award of punitive damages based on a trial court’s entry of a sanction of liability following an alleged discovery violation.
• Seventh Circuit, 2020: Defeated an appeal from a grant of summary judgment in a case relating to a decades-old contract allocating environmental liabilities among railroads.
• Eleventh Circuit, 2019: Obtained reversal of a district court’s interpretation of a critical administrative regulation applying to the Organ Procurement & Transplantation Network, in defense of a new and highly beneficial organ allocation policy.
• Fifth Circuit, 2019: As appellate counsel for most of the national banking industry, succeeded in defending the dismissal of a qui tam lawsuit against the banks arising out of Treasury regulations relating to the banks’ receipt of federal benefits payments.
• Seventh Circuit, 2019: Successfully defended the denial of class certification in a Rule 23(f) appeal in a case involving alleged violations of a state right-of-publicity statute.
• Federal Circuit, 2019: Obtained a significant win for a Fortune 500 manufacturer in an appeal from a decision of the PTAB invalidating the patents of a party claiming infringement.
• Wisconsin Court of Appeals and Supreme Court, 2018 and 2019: Won reversal of a decision precluding insurance coverage for claims for copyright infringement and unfair trade practices, defeating application of a “knowing violation” exception.
• California Court of Appeals, 2013 and 2018: Won two decisive victories in protracted litigation between a lender and the trustee of a large family trust, defeating an attempt to accelerate a US$325 million promissory note.
• Ninth Circuit, 2017: Obtained a reversal on a critical issue in a bankruptcy-related appeal relating to collateral estoppel, standing, and mootness, as well as to whether certain changes to a confirmed plan were permitted under the Bankruptcy Code.
• Ninth Circuit, 2014: Represented Apollo Group, the parent company of the University of Phoenix, in a putative securities class action asserting claims under Section 10(b) based on alleged false statements related to Apollo's enrollment, revenue growth, and recruiting. The decision was the first in the Ninth Circuit to hold that loss causation must be pleaded with specificity under Federal Rule of Civil Procedure 9(b).
• Second Circuit, 2014: Obtained an appellate victory on behalf of the producer of Emma Thompson’s film Effie Gray, defeating claims that Ms. Thompson's screenplay infringed a copyright.
• New York Court of Appeals and Second Circuit (2010): Won an outright dismissal of a US$2 billion malpractice and aiding and abetting lawsuit against an accounting firm by a litigation trustee appointed in the bankruptcy of brokerage giant Refco, and secured a critical precedent for defendants on the issue of in pari delicto in corporate fraud cases, on certification to New York’s highest court.