Friday, February 17, 2017
Look who screwed up Florida v. Georgia water rights case over Apalachicola Bay water
The long-running case of Florida v. Georgia was recommended for dismissal due to a Bush league error by FLORIDA ATTORNEY GENERAL PAMELA JO BONDI and GEORGE W. BUSH's last Solicitor General, who failed to name the U.S. Army Corps of Engineers as an indispensable party under the Federal Rules of Civil Procedure. GREGORY G. GARRE, partner in LATHAM & WATKINS. A former law review editor, Republican GREGORY G. GARRE was named "[i]n 2011 [by] the Chief Justice of the United States ... to the Standing Committee on the Rules of Practice and Procedure of the Judicial Conference of the United States." I have just left a voicemail message and asked GARRE why he did not name the Army Corps of Engineers as an indispensable party, for the name of his legal malpractice carrier, and what he plans to do now. LATHAM & WATKINS has 2200 lawyers worldwide and grosses $2.6 billion annually -- highest grossing law firm in the world. It made a mistake that would be unworthy of a first year law student.
Gregory Garre is a partner in the Washington, D.C. office of Latham & Watkins and Global Chair of Latham's Supreme Court & Appellate Practice. He handles an array of complex litigation matters at all levels of the federal and state court systems and counsels clients on constitutional, regulatory and other matters. Recently named an “Appellate MVP” by Law360, he is widely considered one of the nation’s top appellate advocates.
Mr. Garre served as the 44th Solicitor General of the United States (2008-2009), after being unanimously confirmed to the position by the US Senate. As Solicitor General, he was the federal government’s top lawyer before the Supreme Court and was responsible for overseeing the government’s litigation in the federal appellate courts. He also served as Principal Deputy Solicitor General (2005-2008) and as an Assistant to the Solicitor General (2000-2004). He is the only person to have held all of those positions within the Office of the Solicitor General.
Mr. Garre has argued 41 cases before the Supreme Court and has briefed and served as counsel of record in hundreds of additional cases before the Court. His successful arguments include Ashcroft v. Iqbal, United States v. Home Concrete & Supply LLC, Maples v. Thomas, Monsanto v. Geerston Seed Farm, Christian Legal Society v. Martinez, FCC v. Fox Television Stations, Inc., Winter v. Natural Resources Defense Council, Inc., Baze v. Rees, Johanns v. Livestock Marketing Association and Dastar Corp. v. Twentieth Century Fox Film Corp.
Recently, in Vance v. Ball State University, the Court issued a 5-4 decision in favor of Mr. Garre’s employer client, in one of the most closely watched employment discrimination cases in recent years. In addition, in United States v. Home Concrete, the Court recently sided with Mr. Garre’s taxpayer client and handed the IRS a rare defeat in a 5-4 decision that the Wall Street Journal reported could have a billion dollar tax impact. During the past three terms, he has argued nine cases before the Court, including in Fisher v. University of Texas.
Mr. Garre also has argued scores of cases before the federal and state courts of appeals. In recent appeals, for example, he has secured victories on behalf of Amazon.com in a high-profile patent case decided by the Federal Circuit (United Video Properties, Inc. v. Amazon.com); a group of major oil, gas and other Fortune 100 companies in a major environmental case decided by the DC Circuit (National Environmental Development Ass’n Clean Air Project v. EPA); and Ford Motor Company in a significant preemption case decided by the South Carolina Supreme Court (Priester v. Ford).
In addition, in NJOY v. FDA, he secured a path-marking victory in the D.C. Circuit on behalf of an e-cigarette maker on the scope of the Food and Drug Administration’s regulatory authority over e-cigarettes, which the Wall Street Journal identified as a "bet-the-industry case.” He was named a “Winning Litigator” by the National Law Journal and a “Litigator of the Week” by the American Lawyer for the victory he secured in the Fifth Circuit on behalf of the University of Texas in Fisher v. University of Texas, a high-profile constitutional challenge to the university’s admissions policy.
Mr. Garre has extensive intellectual property experience. He successfully argued Dastar Corp. v. Twentieth Century Fox Film Corp., a leading trademark case, before the Supreme Court on behalf of the United States. In addition, he served as counsel to Comcast/NBC before the Supreme Court in American Broadcasting Companies, Inc. v. Aereo, Inc.
He also has handled numerous patent cases before the Federal Circuit and Supreme Court, including in the areas of patent eligibility and claim construction. For example, he recently secured a complete victory before the Federal Circuit on behalf of Amazon.com in United Video Properties, Inc. v. Amazon.com. He is also appellate counsel for WildTangent, Inc. in Ultramercial Inc. v. WildTangent Inc., named by Law360 as one of five patent cases to watch in 2014.
Mr. Garre has handled cases involving an array of important matters, including in the areas of administrative law, alien tort statute, antitrust, bankruptcy, business and employment law, contract law, civil rights, education, environmental law (Clean Air Act, Clean Water Act and National Environmental Policy Act), First Amendment, Fifth Amendment, food and drug, Indian law, intellectual property (patent, copyright and trademark), international law, labor, preemption, separation of powers, tax, telecommunications, torts and voting rights.
Mr. Garre has been recognized as a premier Supreme Court and appellate advocate by Chambers USA, American Lawyer, The Legal 500 US, Super Lawyers and Best Lawyers in America, and was named by Washingtonian magazine as one of Washington's Best Lawyers and added to the publication's list of “Stars of the Bar.” In 2006, he was named to The American Lawyer's “Fab 50” list of top litigators under the age of 45 expected to be “leading the field for years to come.” In addition, he was one of the lawyers whose work was profiled in Point Made: How to Write Like the Nation’s Top Advocates (2011 Oxford University Press), a book highlighting “great writing” by “the most renowned and influential advocates.”
In 2014, Mr. Garre was elected to both the American Law Institute and the American Academy of Appellate Lawyers. In 2012, he was awarded the prestigious Rex Lee Advocacy Award. In 2011, his successful representation in Christian Legal Society v. Martinez was recognized by the Financial Times in its "US Innovative Lawyers Report.” In 2010, he was named “Appellate Lawyer of the Week” by the National Law Journal for his successful arguments before the Supreme Court in two different cases just eight days apart. In addition, the National Law Journal named his successful certiorari petition in Maples v. Thomas as its “Brief of the Week.”
Mr. Garre also has received numerous awards for his public service, including the Attorney General's Medallion for his service as Solicitor General. He is a recipient of the Attorney General's Distinguished Service Award, the Attorney General's Award for Excellence in Furthering Interests of US National Security, and additional honors from the Department of Justice for his work on important civil litigation matters. In addition, he received the Navy's Distinguished Public Service Award — the Navy's highest civilian honor — for his winning argument in Winter v. NRDC, which secured a major Supreme Court victory for the Navy and its ability to conduct critical naval exercises.
Mr. Garre has taught constitutional law and Supreme Court practice for many years at the George Washington University Law School. He has testified before Congress and speaks and publishes frequently on issues related to the Supreme Court and appellate practice. In 2011, the Chief Justice of the United States appointed Mr. Garre to the Standing Committee on the Rules of Practice and Procedure of the Judicial Conference of the United States.
Following his graduation from law school, Mr. Garre served as a law clerk to Chief Justice William H. Rehnquist and to Judge Anthony J. Scirica of the United States Court of Appeals for the Third Circuit.