Sarah P. Hogarth is a member of the Firm’s Supreme Court & Appellate Litigation and Government & Regulatory Litigation practices. She briefs and argues appeals and critical motions, litigates affirmative cases challenging federal and state government action and advises on legal strategy and dispositive motions in trial courts or before administrative tribunals.
Her experience encompasses a wide variety of substantive legal issues, including matters involving federal practice and jurisdiction, constitutional law, preemption, administrative law, the False Claims Act, intellectual property, antitrust, the Federal Arbitration Act, insurance and taxation.
Sarah has particular experience handling appeals and dispositive motions on legal issues affecting healthcare and life sciences companies, including Medicare, ERISA and FEHB preemption and coverage issues, intellectual property disputes, challenges to regulations, antitrust issues and False Claims Act cases. She also advises technology companies with regulatory challenges, licensing disputes, intellectual property and state taxation.
Sarah is a visiting clinical lecturer in law at Yale Law School, where she co-directs the Yale Supreme Court Advocacy Clinic.
Previously, Sarah clerked for Judge Michael S. Kanne of the United States Court of Appeals for the Seventh Circuit. While in law school, she was the symposium editor of the Notre Dame Law Review.
Successfully defended the invalidation of a Puerto Rico law regulating the rates that Medicare Advantage plans must pay providers on federal preemption grounds (MMAPA v. Emanuelli-Hernandez (1st Cir.))
Won reversal of judgment dismissing Sherman Act Section 1 and Clayton Act Section 7 claims (Vasquez v. Indiana University Health, Inc. (7th Cir.))
Preserved dismissal of lawsuits asserting claims covered by the landmark settlement of more than 10,000 mass tort cases against the City of New York and private contractors following the 9/11 terrorist attack (In re World Trade Center Lower Manhattan Disaster Site Litig. (2d Cir.))
Won complete cross-appeal victory, securing reversal of district court order declining to enforce a settlement agreement (Serta Simmons Bedding LLC v. Casper Sleep Inc. (Fed. Cir.))
Preserved a complete jury verdict and multimillion-dollar award (US Conference of Mayors v. Great-West Life & Annuity (D.C. Cir.; D.D.C))
Secured dismissal with prejudice of appeal from an order granting motion to dismiss insurance-coverage claims related to the COVID-19 pandemic
Won vacatur of an order denying motion to compel arbitration against state insurance liquidator (Atkins v. CGI Technologies and Solutions Inc. (6th Cir.))
Won affirmance of district court’s dismissal of plaintiff’s Lanham Act false-advertising claims with prejudice (Wysong Corp. v. Mars Petcare US. (6th Cir.))
Won summary judgment invalidating two interim final regulations designed to foreclose the H-1B program; subsequently succeeded in invalidating two additional regulations seeking to disrupt H-1B visas (Chamber of Commerce of the United States v. DHS (N.D. Cal.))
Won a preliminary injunction barring enforcement of Presidential Proclamation 10,052, which sought to ban entry of high-skilled workers entering the United States on H, J, and L visas (National Association of Manufacturers v. DHS (N.D. Cal.))
Won before the en banc Third Circuit and the Eighth Circuit a holding that the government has waived sovereign immunity for certain intentional torts committed by Transportation Security Officers (Pellegrino v. Transportation Security Administration (3d Cir.); Iverson v. United States (8th Cir.))
Won before the en banc Fourth Circuit vacatur of a Board of Immigration Appeals decision denying asylum, withholding of removal, and Convention Against Torture relief (Portillo Flores v. Garland (4th Cir.))
Supported trial team in securing a multimillion-dollar verdict, the first jury verdict under the new federal Defend Trade Secrets Act (Dalmatia Import Group v. FoodMatch Inc. (E.D. Pa.))
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Eighth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Tenth Circuit
US Court of Appeals for the DC Circuit
US Court of Appeals for the Federal Circuit
US Court of Appeals for Veteran Claims
US District Court for the District of Columbia
US District Court for the District of Maryland
US District Court for the Northern District of Indiana
US District Court for the Southern District of Indiana
Do not send any information or documents that you want to have treated as secret or confidential. Providing information to McDermott via email links on this website or other introductory email communications will not create an attorney-client relationship; will not preclude McDermott from representing any other person or firm in any matter; and will not obligate McDermott to keep confidential the information you provide. McDermott cannot enter into an attorney-client relationship with you until McDermott has determined that doing so will not create a conflict of interest and until you and McDermott have entered into a written agreement or engagement letter that sets forth the terms of our relationship.