Michael B Kimberly
USA Guide 2023
Band 4 : Appellate Law
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Band 4
About
Provided by Michael B Kimberly
Practice Areas
Partner Michael B. Kimberly is co-chair of the Firm’s Supreme Court and Appellate Practice Group. He has given more than thirty appellate arguments, including eight before the US Supreme Court. He has briefed and argued hundreds of cases covering a wide range of subject matters, with particular experience in the areas of the Commerce Clause, preemption, the Social Security and Medicare Acts, ERISA, the Bankruptcy Code, and the antitrust laws.
In addition to handling appeals, Michael works frequently with his colleagues in trial courts to shape litigation strategy and present the most compelling dispositive motions. He is routinely involved in cases challenging the constitutionality of state legislation and the legality of federal administrative actions.
Michael is a visiting lecturer in law at Yale Law School, where he co-directs the Yale Law School Supreme Court clinic.
Michael is widely recognized as an accomplished Supreme Court and appellate litigator. Rating Michael in 2021, Chambers USA described him as “a brilliant writer” and an “incredibly strategic thinker.” The Legal 500 has rated him every year since 2017, noting that he is “wildly intelligent” and “highly recommended by peers and clients alike.” Michael has been described in the National Law Journal as a “veteran US Supreme Court and appellate lawyer” and in the Washington Post as a “seasoned Supreme Court practitioner.” According to Reuters, he is among “the top handful of lawyers in America” who “dominate” the docket of the US Supreme Court.
View more at: https://www.mwe.com/people/kimberly-michael-b/
Work Highlights
In the U.S. District Court for the District of Puerto Rico, succeeded in invalidating, on federal preemption grounds, a Puerto Rico law regulating the rates that Medicare Advantage plans must pay providers (MMAPA v. Emanuelli-Hernandez)
In the Southern District of New York, won a rare grant of habeas corpus relief and immediate release from custody for a former pharmaceutical company executive (Jordan v. Lamana)
In the New York Appellate Division, First Department, obtained a reversal in a case involving an eight-figure promissory note and a related express release clause (Hawk Mountain LLC v. RAM Capital LLC)