Overview
Sarah P. Hogarth is a member of the Firm’s Supreme Court and Appellate and Government and Regulatory Litigation practices. She briefs and argues appeals and critical motions, litigates affirmative cases challenging government action, and advises on legal strategy before, during, and after trial or administrative hearings.
Her experience includes 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 litigating a range of legal issues affecting healthcare and life sciences companies, including Medicare, ERISA, and FEHB preemption, challenges to regulations, antitrust issues, administrative appeals, and False Claims Act cases implicating federal healthcare programs.
Sarah has experience in the Supreme Court of the United States, the thirteen federal courts of appeal, and many federal district courts and state courts across the country. Sarah also maintains an active pro bono practice, including representing clients in the US Supreme Court and other courts of appeal.
Previously, Sarah served as a law clerk to the Honorable 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.
Results
- 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))
- 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 a judgment invalidating, on federal preemption grounds, a Puerto Rico law regulating the rates that Medicare Advantage plans must pay providers (MMAPA v. Emanuelli-Hernandez (D.P.R.))
- 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.))
Recognitions
- The Legal 500 US 2021, Appellate: Courts of Appeals/Appellate: Supreme Courts
- Super Lawyers Washington DC, Rising Star in Appellate, 2019 – 2020
Credentials
Education
University of Notre Dame Law School, JD, summa cum laude, 2015
Michigan State University, BA, with honors, 2012
Admissions
District of Columbia
Indiana
Maryland
Courts / Agencies
US Court of Appeals for the First Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
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
