Retirement-benefit disputes under ERISA and the Labor–Management Relations Act of 1947
Employment discrimination litigation under Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act of 1973
Challenges to program accessibility under Title II of the Americans with Disabilities Act of 1990
Patent infringement disputes, including those before the US International Trade Commission
Challenges to government action under the Administrative Procedures Act in Medicare reimbursement and other areas
False Claims Act litigation
Joshua’s federal court experience spans the entire litigation process, from complaints through appeals. In many of his cases, he has developed the client’s initial pleading, prepared and prosecuted the discovery plan, supervised the summary-judgment process, and prepared the case for trial (in cases that went to trial). He has experience in both jury and nonjury trials. At the appellate level, Joshua has substantial experience briefing cases for appeal, has argued appeals, and has litigated issues before the Supreme Court.
In addition to his federal litigation experience, Joshua has litigated cases in Virginia’s state courts and has advised clients on directors-and-officers-insurance issues, coverage and reporting obligations, insurance-claims handling, and insurance procurement. Finally, Joshua has extensive experience in professional-responsibility matters, including serving as the chairperson for hearing committees of the DC Board of Professional Responsibility.
Joshua has co-authored several articles for professional legal publications. While in law school, he served as a lead articles editor for The Tax Lawyer. He was also a member of the Appellate Litigation Clinic (during which time he argued before the US Court of Appeals for the Fourth Circuit) and a Legal Writing Fellow.
Defended several farm-, construction- and automotive-equipment manufacturers in ERISA and LMRA class action litigation by unionized retirees—often in the US Court of Appeals for the Sixth Circuit, which had developed a retiree-friendly jurisprudence—seeking to prevent changes to health care benefits the retirees allege to be vested, and helping to produce a new way of thinking about vested benefits in the Sixth Circuit (vested but subject to reasonable changes) and a Supreme Court decision setting a nationwide standard for such cases
Represented a local civil rights organization in its attempts to make a local government program reasonably accessible to persons with disabilities in accordance with Title II of the American Disabilities Act of 1990, and its examination of program licensees’ compliance with the accessibility standards under Title III
Represented a former government employee against an agency for discrimination and retaliation under the Rehabilitation Act and Title VII of the Civil Rights Act of 1964 before the district court and the US Court of Appeals for the District of Columbia Circuit
Defended a foreign consumer-electronics manufacturer from attempts to exclude its products from the American marketplace for allegedly infringing the intellectual property of domestic patent holders
Represented a pharmaceutical company in a dispute with the federal government regarding the company’s obligation to report sales data because of its participation in the Medicare program
Represented a government contractor in a bid-protest proceeding before the US Court of Appeals for the Federal Circuit
Defended several clients that have been haled into Virginia state court (and were unable to remove) against claims of breach of contract, fraud and other statutory unfair-trade-practices violations
Represented clients that have been required to invoke the jurisdiction of Virginia state courts because of contractual provisions or the unavailability of a federal forum
Advised multiple clients on issues associated with directors and officers insurance policies and advised several clients on issues associated with placing tax liability insurance policies
Represented special-purpose captive insurance company, formed for litigation arising out of the September 11, 2001 terrorist attack, in a variety of matters including claims-handling advice, procurement advice, regulatory requirements, insurance-coverage litigation, and appellate litigation
Courts / Agencies
Supreme Court of the United States
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Federal Circuit
US District Court for the District of Columbia
US District Court for the Eastern District of Michigan
US District Court for the Western District of Michigan
US District Court for the Eastern District of Virginia
US District Court for the Western District of Virginia
US District Court for the Eastern District of Wisconsin
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