Jerry Stouck has a wide-ranging trial and appellate litigation practice. He has particular experience in complex business, regulatory and environment disputes with government agencies, and is Co-Chair of the firm's Government Litigation Practice Group.
Jerry represented the lead bank plaintiff in the landmark "Winstar" litigation involving the government's breach of hundreds of savings and loan merger agreements, and has represented several nuclear utility companies in damages litigation over the government's failure to complete the Yucca Mountain repository for spent nuclear fuel.
Jerry regularly handles environmental and land use litigation, including related contract/commercial disputes, and has extensive experience with eminent domain and Fifth Amendment regulatory takings claims. He appears frequently in the U.S. Court of Federal Claims and Federal Circuit, and in the D.C. federal district court and D.C. Circuit.
Areas of Concentration
· Complex business and regulatory litigation
· Environmental, land use and eminent domain/takings litigation
Professional & Community Involvement
· Co-Chair, D.C. Lawyers for Children's Hospital Annual Golf Classic
· Member, American Bar Association
· Member, Court of Federal Claims Advisory Council
· Member, Federal Circuit Bar Association Amicus Briefing Committee
Awards & Recognition
· Listed, Super Lawyers magazine, Washington, D.C. Super Lawyers, 2013
· Team Member, a Law360 "Appellate Practice Group of the Year," 2010
· Listed, The Legal 500 United States, 2009
· Listed, Chambers USA Guide, National - Government Litigation, 2008
· Rated, AV Preeminent® 5.0 out of 5
· Obtained $142 million damages award after trial for three nuclear utility companies in New England on breach of contract claim arising from U.S. DOE's failure to remove utilities' spent nuclear fuel to the Yucca Mountain, NV disposal site. Yankee Atomic Electric Co. v. US, 94 Fed. Cl. 678 (2010); see 73 Fed. Cl. 249 (Fed. Cl. 2006).
· Represents plaintiff in environmental litigation against DOE, EPA, and other government agencies seeking federal remediation of residual radioactive contamination from uranium ore milling in the 1950's for the U.S. nuclear weapons programs. See El Paso Natural Gas Co. v US, 605 F. Supp. 2d 224 (D.D.C. 2009), aff'd, 632 F.3d 1272 (D.C. Cir. 2011).
· Won summary judgment for a major West coast financial institution in one of the first "Winstar" savings and loan contract cases, 26 Cl. Ct. 904 (1992); argued consolidated Winstarappeal to Federal Circuit panel, 994 F.2d 797 (Fed. Cir. 1993), and en banc court, 64 F.3d 1531 (Fed. Cir. 1995); was counsel of record in appeal to U.S. Supreme Court, 518 U.S. 839 (1996), and at subsequent trial on claim for damages exceeding $1 billion, see 43 Fed. Cl. 390 (1999). Also represented 11 other Winstar-related plaintiffs.
· Represents developer of prominent Florida coastal community in a takings case establishing a key precedent on the "parcel-as-a-whole" issue. See Lost Tree Village Corp. v. US, 707 F.3d. 1286 (Fed. Cir. 2013), rev'g, 100 Fed. Cl. 412 (2011).
· Represented plaintiffs in several other spent nuclear fuel cases, including one leading to $89 million award for a major West Coast utility. Pacific Gas and Electric Co. v. US., 92 Fed. Cl.175 (2010), aff'd, 668 F.3d 1346 (Fed. Cir. 2012). Negotiated a settlement of that case, together with a related case seeking additional, subsequent-period damages of $204 million, for payment by U.S. of $266 million in 2012, plus periodic later payments of on-going damages.
· Represents Town of Palm Beach, Florida, in litigation to establish federal responsibility to remediate beach erosion resulting from a navigation channel constructed and maintained by the U.S. Army Corps of Engineers. Town of Palm Beach, Fla. v. US, No. 09-64 (Fed. Cl.).
· Represents Medicare equipment provider advancing breach of contract and takings claims arising from Congressional enactment terminating and directing reprocurement of previously awarded contracts. See CardioSom v US, 91 Fed. Cl. 659 (2010), rev'd, 656 F.3d 1322 (Fed. Cir. 2011).
· Authored amicus brief cited and followed by the en banc Federal Circuit in a landmark patent infringement case against the U.S. under 28 U.S.C. § 1498. See Zoltek Corp. v. US, 67 F.3d 1309 (Fed. Cir. 2012) (en banc).
· Obtained just compensation award plus attorneys' fees from U.S. for real estate developer after trial in takings case arising from federal denial of a wetlands development permit, Cooley v US, 46 Fed. Cl. 538 (2000); after appeal, see 324 F.3d 1297 (Fed. Cir. 2003), obtained monetary settlement (including attorneys' fees) plus valid permit and right to complete mixed-use commercial development on the 30-acre wetlands site.
· Represents cigar manufacturer in challenge to methodology for calculating federal tobacco transition payments. See Prime Time Int'l Co. v. Vilsack, 599 F.3d 678 (D.C. Cir. 2010).
· Represented numerous utility companies in challenge to retroactive imposition of a $2.25 billion federal tax, first on contract grounds, Yankee Atomic Elec. Co. v. US, 33 Fed. Cl. 580 (1995), rev'd, 112 F.3d 1569 (Fed. Cir. 1997), then on constitutional grounds, see Commonwealth Edison Co v US, 271 F.3d 1357 (Fed. Cir. 2001).
· Argued Federal Circuit appeal establishing federal liability to all utilities in the spent nuclear fuel damages litigation. Maine Yankee Atomic Power Co. v US, 225 F.3d 1336 (Fed. Cir. 2000).
· Challenged a D.C. Circuit DOE administrative action aimed at justifying DOE's failure to perform spent fuel removal contracts. Northern States Power Co. v DOE, 128 F.3d. 754 (D.C. Cir. 1997).
· Law Clerk, Honorable Raymond J. Pettine, United States District Court in Providence, Rhode Island
Publications & Presentations
Articles, Lectures & Publications
· Quoted, "Fla. Developer Gets Taking Ruling Reversed In Fed. Circ.," Law360, January 11, 2013
· Speaker, "Special Problems in Litigation Involving Patent Use by the Government and its Contractors," GT Conference on New Developments in IP and Patent Use, East Palo Alto, CA, December 10, 2012
· Author, "Bolstering the Presumption of APA Reviewability: The Supreme Court Subjects CWA Compliance Orders, and Potentially Other Agency Actions, to Immediate Judicial Review," American Bar Association Environmental Enforcement and Crimes Committee Newsletter, August 2012
· Author, "Right and Wrong Ways To Use Others' Patents," National Defense magazine, June 2008
· Author, "The Federal Circuit Reaffirms Its Hostility to "Fraud," A Term It Applies Broadly with a New and Completely Revised Opinion in Long Island Savings Bank v. U.S.," The Government Contractor, October 24, 2007
· Co-Author, "The Forfeiture of Claims Act Today," Briefing Papers, August 1, 2007
· Author, "Patent Owners, Take Heed of Zoltek Ruling," IP Law 360, July 30, 2007
· Author, "Unfinished Edifice Lex," Legal Times, July 11, 2005
· Author, "Asserting Power in Takings: U.S. Contract Cases," The National Law Journal, February 28, 2005