March 26, 2018— Today, Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. partner David Frederick delivered his 50th oral argument before the United States Supreme Court in China Agritech, Inc. v. Michael Resh, et al., No. 17-432.

Mr. Frederick has won or settled cases in the Supreme Court thirteen years in a row including, most recently, Tyson Foods v. BouaphakeoTibble v. Edison Int’lJesinoski v. Countrywide Home LoansAmgen Inc. v. Connecticut Retirement Plans and Trust FundsPacific Operators v. ValladolidCSX v. McBrideMatrixx v. SiracusanoJones v. Harris AssociatesMerck v. ReynoldsWyeth v. Levine, and Altria v. Good. He has represented individuals, investors, immigrants, classes of consumers, farmers, Native Americans, small corporations, trade associations, large companies, foreign governments, states (Alaska, Delaware, South Carolina, Tennessee, and Vermont), the United States, and the European Community.

Mr. Frederick has also argued more than 50 appeals in federal courts, and has served as lead counsel in a wide range of high-stakes, complex litigation. He continues to successfully represent NCUA in claims arising from the sale of faulty mortgage-backed securities. Following his win in the 9th Circuit holding that NCUA’s claims against the Royal Bank of Scotland (RBS) were timely filed, RBS agreed to a settlement of $1.1 billion. Under his leadership as lead counsel, and after winning five appeals in four different circuit courts, NCUA has recovered more than $5.1 billion from Wall Street banks in cases arising out of the financial crisis.

A former law clerk to Justice Byron White and Judge Joseph Sneed, Mr. Frederick graduated from the University of Texas School of Law (J.D., with honors); the University of Oxford (D.Phil.), where he was a Rhodes Scholar; and the University of Pittsburgh (B.A., summa cum laude), where he was a Truman Scholar. He served in the Department of Justice as Assistant to the Solicitor General (1996-2001) and as Counselor to the Inspector General (1995-1996).

Mr. Frederick has authored three books and numerous articles on appellate advocacy and the Supreme Court.


China Agritech, Inc. v. Michael Resh, et al., No. 17-432

Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466

Universal Health Services v. U.S. ex rel. Escobar, 136 S. Ct. 1989 (2016)

RJ Reynolds v. European Commission, 136 S. Ct 2090 (2016)

Friedrichs v. California Teachers Association, 136 S. Ct. 1083 (2016)

Tyson Foods Inc. v. Bouaphakeo, 135 S. Ct. 2806 (2015)

Tibble v. Edison International, 135 S. Ct. 1823 (2015)

Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790 (2015)

American Broadcasting Companies v. Aereo, 134 S. Ct. 2498 (2014)

Mutual Pharmaceutical Co. v. Karen Bartlett, 133 S. Ct. 2466 (2013)

The Standard Fire Insurance Company v. Greg Knowles et al., 133 S. Ct. 1345 (2013)

Amgen Inc., et al. v. Connecticut Retirement Plans and Trust Funds, 133 S. Ct. 1184 (2013)

Fane Lozman v. The City of Riviera Beach, Florida, 133 S. Ct. 735 (2013)

Gloria Gail Kurns et al. v. Railroad Friction Products Corporation, et al., 132 S. Ct. 1261 (2012)

Pacific Operators Offshore, LLP, et al. v. Luisa L. Valladolid, et al., 132 S. Ct. 680 (2012)

CSX Transportation Inc. v. McBride, 131 S. Ct. 2630 (2011)

Astra USA Inc. v. County of Santa Clara, 131 S. Ct. 1342 (2011)

Matrixx Initiatives, Inc. v. Siracusano, 131 S. Ct. 1309 (2011)

Janus Capital Group Inc. v. First Derivative Traders, 131 S. Ct. 2296 (2011)

Bruesewitz v. Wyeth, 131 S. Ct. 1068 (2011)

Kawasaki Kisen Kaisha, Ltd.. et al. v. Regal-Beloit Corporation,130 S. Ct. 2433 (2010)

Merck v. Reynolds, 559 U.S. 633 (2010)

Jones v. Harris Associates, 559 U.S. 335 (2010)

South Carolina v. North Carolina, 558 U.S. 256 (2010)

14 Penn Plaza v. Pyett, 556 U.S. 247 (2009)

Wyeth v. Levine, 555 U.S. 555 (2009)

Altria v. Good, 555 U.S. 70 (2008)

Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (2008)

New Jersey v. Delaware, 552 U.S. 597 (2008)

Powerex Corp. v. Reliant Energy Services, Inc., 551 U.S. 224 (2007)

Watson v. Philip Morris Cos., 551 U.S. 142 (2007)

Kircher v. Putnam Funds Trust, 547 U.S. 633 (2006)

Anza v. Ideal Steel, 547 U.S. 451 (2006)

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit, 547 U.S. 71 (2006)

Lincoln Prop. Co. v. Roche, 546 U.S. 81 (2005)

Spector v. Norwegian Cruise Line Ltd., 545 U.S. 119 (2005)

Bates v. Dow AgroSciences LLC, 544 U.S. 431 (2005)

Norfolk Southern Ry. v. James N. Kirby Pty Ltd., 543 U.S. 14 (2004)

Idaho v. United States, 533 U.S. 262 (2001)

Director of Revenue v. CoBank ACB, 531 U.S. 316 (2001)

Central Green Co. v. United States, 531 U.S. 425 (2001)

Carter v. United States, 530 U.S. 255 (2000)

United States v. Locke, 529 U.S. 89 (2000)

NASA v. Federal Labor Relations Auth., 527 U.S. 229 (1999)

California Pub. Employees’ Retirement Sys. v. Felzen, 525 U.S. 315 (1999)

Mosley v. United States, 525 U.S. 120 (1998)

Lewis v. Brunswick Corp., 523 U.S. 1113 (1998)

California v. Deep Sea Research, 523 U.S. 491 (1998)

United States v. Ramirez, 523 U.S. 65 (1998)

Harbor Tug & Barge Co. v. Papai, 520 U.S. 548 (1997)