Overview
Michael B. Kimberly is co-chair of the Firm’s Supreme Court & Appellate Litigation and Government & Regulatory Litigation Groups. He has argued eight cases before the US Supreme Court and delivered more than 40 appellate arguments in courts across the country, including every general federal court of appeals. With a remarkable success rate, Michael has won two of every three cases he has argued.
In addition to his appellate work, Michael frequently litigates challenges to federal administrative actions under the Administrative Procedure Act and to state laws and regulations under various provisions of the US Constitution. Including his work in the district courts, Michael has briefed and argued more than 200 cases covering a wide range of subject matters, with particular experience in the areas of taxation, environmental law, the Commerce Clause, preemption, the Medicare Act, the Employee Retirement Income Security Act, the First Amendment, copyright, and the Bankruptcy Code. Besides handling appeals and administrative and constitutional challenges, Michael frequently works with his colleagues in trial courts to shape litigation strategy and present the most compelling dispositive motions.
Michael is a visiting lecturer in law at Yale Law School, where he co-directs the Yale Law School Supreme Court Advocacy Clinic.
Widely recognized as an accomplished Supreme Court and appellate litigator, Michael is “a brilliant writer” and an “incredibly strategic thinker,” according to a 2021 Chambers USA rating. The Legal 500 has rated him every year since 2017, noting that he is “highly recommended by peers and clients alike.” Michael has been described in the National Law Journal as a “veteran US Supreme Court and appellate lawyer” and in The Washington Post as a “seasoned Supreme Court practitioner.” According to Reuters, he is among “the top handful of lawyers in America” who “dominate” the docket of the US Supreme Court.
While in law school, Michael served as editor of The Yale Law Journal and executive editor of the Yale Law & Policy Review. Following law school, Michael clerked for Judge Michael Hawkins on the US Court of Appeals for the Ninth Circuit.
Results
- In the First Circuit, successfully defended the invalidation, on federal preemption grounds, of a Puerto Rico law regulating the rates that Medicare Advantage plans must pay providers (MMAPA v. Emanuelli-Hernandez)
- In the Fourth Circuit, won a unanimous victory defending a dismissal on standing grounds in an challenge under the Administrative Procedure Act concerning the National Environmental Policy Act (Wild Virginia v. CEQ and Chamber of Commerce of the U.S.)
- In the Tenth Circuit, won a unanimous victory in an ERISA fiduciary duty case involving claims of excessive fees and prohibited transactions (Ramos v. Banner Health)
- In the New York Appellate Division, First Department, obtained a reversal in a case involving a high-dollar promissory note and a related express release clause (Hawk Mountain LLC v. RAM Capital LLC)
- In the Supreme Court, secured a 9-0 victory in an administrative law case establishing that agency dismissals on procedural grounds are “final decisions” for purposes of judicial review (Smith v. Berryhill)
- In the Supreme Court, obtained a unanimous victory in a partisan gerrymandering case, ensuring that plaintiffs receive review before a three-judge district court (Shapiro v. McManus)*
- In the Supreme Court, represented the petitioner in a white-collar criminal case and successfully persuaded the solicitor general to confess error (France v. United States)*
- In the Eighth Circuit, obtained a categorical victory in an important Freedom of Information Act (FOIA) case concerning the privacy rights of family farmers and ranchers (American Farm Bureau Federation, et al. v. EPA)*
- In the Fourth Circuit, won a unanimous victory in a False Claims Act case relating to the 2009 financial crisis (United States ex rel. Szymoniak v. American Home Mortgage Servicing, Inc.)*
- In the Maryland Court of Special Appeals, obtained a victory for the defendant in a case seeking to compel arbitration (Ghadry v. Penson Financial Services, Inc.)*
*Matter handled prior to joining McDermott.
Recognitions
- Chambers USA, Nationwide Appellate Law, 2021-2024
- District of Columbia Courts, Capital Pro Bono Honor Roll, 2023
- Legal 500 US, Dispute Resolution: Appellate-Courts of Appeals/Appellate – Leading Lawyer, 2023-2024
- Legal 500 US, “Next Generation” Supreme Court Practitioner, 2017-2022
- Benchmark Litigation, 40 & Under Hot List, 2017-2021
- National Law Journal, Energy & Environmental Trailblazer, 2017-2021
- Law360, Appellate Rising Star, 2016
- American Lawyer, Litigator of the Week, 2016
- National Law Journal, Energy & Environmental Trailblazer, 2017
Community
- The NYU Institute of Judicial Administration, board of advisors
- Georgetown Supreme Court Institute, member
- Yale Law School, visiting lecturer in law
Credentials
Education
Yale Law School, JD, 2008
University of Pennsylvania, MA, 2005
Princeton University, BA, summa cum laude, 2003
Admissions
Maryland
District of Columbia
Courts / Agencies
US Supreme Court
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 Sixth 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 Eleventh 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 District of Maryland
