News

Semtek International Incorporated v. Lockheed Martin Corporation, 2003

Achieved unanimous decision in client’s favor in Semtek International Incorporated v. Lockheed Martin Corporation, 531 U.S. 497 (2001), a decision ranked by Harvard Law Review as one of the top 15 for that  Supreme Court session and now required reading in virtually every law school’s civil procedure class. After Semtek’s breach of contract claim and various business torts against Lockheed Martin were dismissed in federal court under California’s statute of limitations, client re-filed in Maryland, which had a longer statute of limitations.  The Maryland court also dismissed the case, interpreting the Federal Rules to require that the California dismissal be treated as if it were on the merits rather than a procedural statute of limitations dismissal. While unsuccessfully pursuing relief in   Maryland’s appellate courts, engineered and preserved arguments that allowed client to obtain U.S. Supreme Court review. Those arguments were well-received by the Supreme Court, resulting in a 9-0 reversal and reversal of numerous federal appellate holdings to the surprise of nearly all leading legal scholars.