Jonathan Massey

Select Supreme Court and Appellate Matters

• Represented Vice President Al Gore in the U.S. Supreme Court in Bush v. Gore Florida election litigation.
• Represented the State of Mississippi and successfully briefed and argued Mississippi ex rel. Hood v. AU Optronics Corp. before the U.S. Supreme Court involving the scope of the Class Action Fairness Act; secured a unanimous victory.
• Represented plaintiffs and successfully briefed and argued Dole Food Co. v. Patrickson before the U.S. Supreme Court involving the Foreign Sovereign Immunities Act; secured a unanimous victory on primary issue.
• Represented Land of Lincoln Insurance Company before the U.S. Supreme Court involving $127 million in claims against the federal government under the Affordable Care Act; helped secure an 8-1 victory as part of a broader $12 billion recovery for health insurers.
• Represented companies challenging federal environmental regulations in West Virginia v. EPA before the U.S. Supreme Court; secured the first Supreme Court stay of an agency regulation prior to judicial review in the lower courts.
• Represented Leatherman Tool Group in briefing and arguing Cooper Industries v. Leatherman Tool Group before the U.S. Supreme Court, establishing the standard of appellate review for punitive damages awards.
• Represented creditors committee in Johnson & Johnson’s “Texas two-step” bankruptcy proceedings in federal bankruptcy court and the U.S. Court of Appeals for the Third Circuit involving billions of dollars in talc-related claims; twice defeated the bankruptcy filings.
• Represented former student-athletes in O'Bannon v. NCAA involving antitrust challenges to NCAA compensation restrictions; successfully briefed the merits case and briefed and argued the resulting fee award appeal before the Ninth Circuit.
• Represented The Coca-Cola Company in a $12 billion tax dispute before the U.S. Tax Court involving transfer pricing and foreign licensing income.

Other Representative Matters

• Represented McKesson Corporation and successfully briefed and argued a federal constitutional challenge involving a retroactive $100 million New York tax on pharmaceutical distributors.
• Represented JPMorgan Chase and successfully resolved more than a dozen consumer class actions involving mortgage and credit card practices; secured a defense trial verdict and affirmance on appeal in a $750 million putative class action in the U.S. Court of Appeal for the Ninth Circuit; secured pretrial dismissal and affirmance on appeal in a separate $100 million putative class action in the Ninth Circuit; secured dismissal on appeal in the U.S. Court of Appeals for the Third Circuit of a different putative class action of mortgagors seeking hundreds of millions of dollars in damages. .
• Represented plaintiffs and successfully briefed and argued in Chavez v. Dole Food Co. in the U.S. Court of Appeals for the Third Circuit, involving cross-jurisdictional tolling of statutes of limitations; secured a unanimous en banc victory.
• Representing pharmaceutical distributors in a constitutional challenge to a state drug price cap statute under the Dormant Commerce Clause, with appeal pending in the U.S. Court of Appeals for the Second Circuit.
• Representing the Yuma County Water Users Association and more than 6,000 agricultural water users in ongoing administrative proceedings involving Colorado River water allocation rights.
• Representing TIG Insurance in a complex insurance coverage dispute spanning more than two decades and involving more than hundreds of millions of dollars in claims relating to asbestos liabilities.
• Represented the Biotechnology Innovation Organization, AbbVie, and Bristol Myers Squibb in numerous amicus briefs before the U.S. Supreme Court involving pharmaceutical patent issues.
• Represented Humana, a leading health insurer, in federal antitrust litigation involving alleged price-fixing by pharmaceutical manufacturers.
• Briefed and argued Caremark v. Chickasaw Nation in the U.S. Court of Appeals for Ninth Circuit, addressing arbitrability of tribal claims under federal healthcare statutes.
• Represented parties and briefed and argued in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals involving sovereign immunity in inter partes review proceedings.
• Briefed and argued Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals in the Federal Circuit, presenting a question of sovereign immunity in inter partes review proceedings.
• Briefed and argued Santander Holdings USA v. United States in the U.S. Court of Appeals for the First Circuit, involving more than $200 million in foreign tax credits.
• Represented injured consumers objecting to a proposed nationwide class settlement involving Roundup claims, challenging the adequacy of protections for future claimants.
• Representing an academic center and nonprofit organization in appellate proceedings arising from the 23andMe bankruptcy sale, addressing the treatment of genetic data in bankruptcy.

• Harvard Law School, J.D., magna cum laude, 1988
• Harvard College, A.B., magna cum laude, Phi Beta Kappa, 1985

• William J. Brennan, Jr., U.S. Supreme Court
• Abner J. Mikva, U.S. Court of Appeals for the District of Columbia Circuit

• Band 4, Litigation: General Commercial (2024–present), Chambers USA
• Litigation Star (2020–present), Benchmark Litigation
• Washington, D.C. Elite, Commercial Disputes and Antitrust (2026), Legal 500
• Legal Lion (Aug. 4, 2023), Law360
• Litigator of the Week (Feb. 3, 2023), The American Lawyer
• Super Lawyers (2013–present), Washington, D.C. Super Lawyers

• “Content Moderation and Antitrust,” Concurrences Competition Law Review (Nov. 3, 2025)
• “March Sanity: Can Courts Finesse a Legal Remedy to the NCAA’s Fantasy of Amateurism?,” The Recorder (Mar. 29, 2019)
• “The Two That Got Away: First American Financial Corp. v. Edwards and Kiobel v. Royal Dutch Petroleum Co.,” Charleston Law Review (2012)
• “Wrong Ideas About Wrongful Death Statutes,” Trial (Jan. 1997)
• “Preemption of Medical Device Tort Claims: Recent Developments,” Trial (Nov. 1995)
• “The Florida Tobacco Liability Law: Fairy Tale Objections to a Reasonable Solution to Florida’s Medicaid Crisis,” Florida Law Review (1995)

• U.S. Supreme Court
• U.S. Court of Appeals for the District of Columbia Circuit
• U.S. Court of Appeals for the First Circuit
• U.S. Court of Appeals for the Second Circuit
• U.S. Court of Appeals for the Third Circuit
• U.S. Court of Appeals for the Fourth Circuit
• U.S. Court of Appeals for the Fifth Circuit
• U.S. Court of Appeals for the Sixth Circuit
• U.S. Court of Appeals for the Eighth Circuit
• U.S. Court of Appeals for the Ninth Circuit
• U.S. Court of Appeals for the Tenth Circuit
• U.S. Court of Appeals for the Eleventh Circuit
• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Federal Claims
• District of Columbia
• Maryland
• New York

• Member, Massey & Gail Diversity, Equity, and Inclusion Committee
• Panel member, Constitution Day, George Mason University (2025)
• Instructor in appellate advocacy, D.C. Bar course for new admittees (2015-2021)
• Lecturer, Harvard Law School (2014-2020)
• Adjunct Professor of Law, Georgetown University Law Center (1996-2000)
• Numerous presentations to bar associations, legal conferences, and other groups on Supreme Court developments, legal trends, and upcoming issues