Jerry Stouck is a trial and appellate litigator with a wide-ranging litigation practice. He has particular experience in complex business and regulatory disputes involving the federal government, 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 also represented several nuclear utility companies in damages litigation over the government's failure to complete the Yucca Mountain repository for spent nuclear fuel. Jerry also has experience with environmental and land use litigation, including related contract/commercial disputes, and is a recognized authority on eminent domain and Fifth Amendment regulatory takings claims. Areas of Concentration · Complex business and regulatory litigation · Environmental, land use and eminent domain/takings litigation Significant Representations · Obtained $142 million damages award 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). · In other spent fuel cases, obtained $89 million award for a major West Coast utility and $37 million award for a Midwest power cooperative. Pacific Gas and Electric Co. v. US., 92 Fed. Cl.175 (2010); Dairyland Power Cooperative v. US., 90 Fed. Cl. 615 (2009). · Represented 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). · Represented 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). · Represented 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. · Obtained just compensation award plus attorneys' fees from U.S. for real estate developer after trial in complex 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 wetlands site. · 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). · Obtained summary judgment for Glendale Federal Bank in one of the first "Winstar" savings and loan contract cases, 26 Cl. Ct. 904 (1992); argued consolidated Winstar appeal 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 to Glendale 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. · 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). · 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). 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 · Selected, a Law360 Appellate Practice Group of the Year (2010) · Listed, Legal 500 US (2009) · Listed, Chambers and Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world (2008) · Rated, AV® Preeminent™ 5.0 out of 5 Clerkship · Law Clerk, Honorable Raymond J. Pettine, United States District Court in Providence, Rhode Island |