Why Conservatives Should Stop Worrying and Start Loving Class Actions
Triangle Lawyers Chapter
NC Bar Building217 E Edenton St.
Raleigh, NC 27601
Here are the latest events.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Associate, Jones Day
Louis Capozzi is an associate at the Washington D.C. office of Jones Day and a Lecturer in Law at the University of Pennsylvania Carey Law School. As a lawyer, he specializes in appellate advocacy and motions practice.
Mr. Capozzi clerked for Justice Neil Gorsuch during the October 2021 Term, as well as for Judges J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and Anthony J. Scirica of the United States Court of Appeals for the Third Circuit. He graduated as the valedictorian from the University of Pennsylvania Law School in 2019.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Associate Dean and William T. Schwartz Distinguished Professor of Law, University of Wyoming College of Law
Sam Kalen joined the University of Wyoming College of Law faculty in 2009, and he is the William T. Schwartz Distinguished Professor of Law and Associate Dean, as well as the founder and co-director of the School’s Center for Law and Energy Resources in the Rockies. Sam earned his B.A. from Clark University in Worcester, Mass., his J.D. from Washington University School of Law in St. Louis, and he spent a year studying legal history and constitutional thought in a PhD program at the University of Virginia. Before joining UW, Sam taught as a visitor or adjunct at a number of other law schools, he also served in the Solicitor’s Office at the Department of the Interior during the Clinton administration, and he practiced for many years with a Washington, D.C., law firm. Immediately after law school, he clerked at the Missouri Supreme Court.
Sam is passionate about teaching and writing in a variety of areas that impact environmental, public lands and natural resources, energy, and administrative law. He spent years practicing in each of these areas, including working with Indigenous Peoples and Tribal Nations, and attempts to explore these areas in both the classroom and in his scholarship. He is the author and co-author of numerous law review articles, including one that was cited and quoted in a Supreme Court opinion. His most recent law review article appeared in Maryland Law Review, on "Public Land Management’s Future Place: Envisioning a Paradigm Shift" (Vol 82, page 240, 2023). He also is a co-author of the American Bar Association’s Endangered Species Basic Practice Series book (2nd edition), a co-author of Natural Resources Law and Policy (3rd ed. Foundation Press), and a co-author Energy Follies: Missteps, Fiascos, and Successes of America’s Energy Policy (Cambridge U. Press 2018).
Sam alternates teaching a variety of courses, including Environmental Law, Administrative Law, Legislation, Legal History, Public Lands & Natural Resources, Energy Law, Energy & Climate Law & Policy, and Indian Law. He also has taught field courses, including courses exploring energy and natural resource issues in Wyoming, as well as a course on Public Lands and Natural Resources in Grand Teton National Park. Professor Kalen also has worked collaboratively with the University’s Haub School of Environment and Natural Resources.
Partner, Baker Botts LLP
Drawing from two decades of experience in senior government, in-house corporate, and private law firm roles, Jeff Wood helps clients with federal enforcement, compliance, litigation, permitting, and policy challenges primarily in the energy and environmental fields.
Prior to joining Baker Botts, Mr. Wood served for almost two years as the Acting Assistant Attorney General (AAG) for the Justice Department's Environment and Natural Resources Division (ENRD). In that capacity, Mr. Wood led ENRD and its more than 600 attorneys and staff representing EPA, Departments of the Interior, Energy, and Defense, and other agencies in civil and criminal enforcement and defensive environmental, energy, and natural resources litigation.
As the top official in ENRD, Mr. Wood managed a complex organization with an annual budget exceeding $200 million and a docket of more than 6,000 cases and matters. E&E News noted that “Wood maintains a strong relationship with ENRD's career staff” (Greenwire, Oct. 31, 2018). He previously served on the staff of the United States Senate Committee on Environment and Public Works.
At the Justice Department, Mr. Wood oversaw the Division's civil and criminal enforcement programs and was responsible for developing legal strategies and approving briefs in key cases including filings before the Supreme Court and Courts of Appeals in coordination with the Office of Solicitor General. In this role, Mr. Wood held the highest level security clearance and worked closely with top leadership at DOJ, EPA, the Interior Department, USDA, the Energy Department, Transportation Department, FERC, NRC and across the Executive Branch, including the White House.
With many years of both private law firm and in-house legal experience, Mr. Wood has handled complex environmental enforcement, regulatory, policy, and litigation matters for electric utilities, energy companies, maritime companies, mining companies, real estate developers, financial institutions, industrial companies and manufacturers, business coalitions, associations, small businesses, and individual property owners. Drawing from his experiences in-house, Mr. Wood brings a common-sense, cost-effective, client-focused approach to his work every day.
With a strong national reputation, Mr. Wood is a frequent speaker on environmental law and policy matters, with recent speeches and presentations at the Environmental Law Institute, Harvard Law School, Vanderbilt Law School, American University Law School, American Bar Association Environmental Law Conferences, the Texas Environmental SuperConference, Air Force Judge Advocate General School's Advanced Environmental Law Course, Baker Institute's Center for Energy Studies (Rice University), and many other venues. He frequently appears in national news to share insights on significant environmental law and policy issues, including recent quotes in the New York Times, Washington Post, Wall Street Journal, Bloomberg, Law360, and E&E News, among others.
Vice President of Law & Policy, Property and Environment Research Center
Jonathan Wood is vice president of law and policy at the Property and Environment Research Center (PERC). An attorney, Jonathan has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review, and California Western Law Review.
Prior to coming to PERC, Jonathan was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act, and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species.
Jonathan has testified before several congressional committees on wildlife conservation and endangered species topics. He has also appeared on national television and radio, including NPR’s All Things Considered, C-Span’s Washington Journal, Stossel, Fox News, and Hill.TV.
Jonathan has a law degree from the New York University School of Law, a masters degree in economic policy from the London School of Economics, and a bachelor’s degree in economics from the University of Texas. He is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
Deputy Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice
Josh Craddock is Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice. He is a graduate of the Harvard Law School, where he served as editor-in-chief of the Harvard Journal of Law & Public Policy. He later clerked for the Honorable Chief Judge Timothy Tymkovich of the U.S. Court of Appeals for the Tenth Circuit. Before law school, Mr. Craddock managed advocacy teams for several non-profit organizations at the United Nations. His writing has appeared in the Notre Dame Law Review, Harvard Journal on Legislation, Washington Post, Newsweek, and National Review.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Solicitor General, Mississippi Attorney General's Office
Scott G. Stewart is the Solicitor General of Mississippi. He has litigated and presented oral argument in the U.S. Supreme Court, in all regional federal courts of appeals, and in trial-level courts across the country. Stewart previously served as a Deputy Assistant Attorney General in the U.S. Department of Justice and worked in private practice as a litigator. He served as a law clerk to Justice Clarence Thomas of the Supreme Court of the United States and to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. Stewart graduated from Princeton University and Stanford Law School.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Partner-in-Charge Washington, Jones Day
Noel Francisco served as the 47th Solicitor General of the United States in the Trump Administration, from 2017 to 2020. He has argued some of the most important cases the Supreme Court has heard in recent years on a wide array of issues.
For example, as Solicitor General, he argued Trump v. Hawaii, where he successfully defended the president's orders restricting travel from countries deemed to present security risks; Janus v. AFSCME, which upheld the First Amendment rights of public employees who decline to join labor unions; Kisor v. Wilkie, which adopted his argument that the "Auer deference doctrine" should be significantly curtailed but retained in its core applications; Apple Inc. v. Pepper, which addressed whether Apple's App Store customers had standing to sue the company for antitrust violations; Knick v. Township of Scott, which held that property owners could sue state and local governments in federal court to vindicate Fifth Amendment takings claims; and Seila Law LLC v. CFPB, which invalidated restrictions on the president's authority to remove the director of the Consumer Financial Protection Bureau.
He also spearheaded the government's general strategy to seek emergency relief in the appellate courts and the Supreme Court when lower courts issued nationwide injunctions against important government programs.
Noel's service as Solicitor General built on his previous tenure at Jones Day, during which he argued McDonnell v. United States, which reversed the federal bribery conviction of the governor of Virginia; NLRB v. Noel Canning, which limited the president's constitutional recess appointments power; and Zubik v. Burwell, which challenged federal insurance coverage regulations that violated Catholic organizations' religious beliefs.
Tocqueville Associate Professor Department of Political Science and Concurrent Associate Professor of Law, University of Notre Dame Law School
Vincent Phillip Muñoz is the Tocqueville Associate Professor of Religion & Public Life in the Department of Political Science at the University of Notre Dame. He is the founding director of Notre Dame's undergraduate minor in Constitutional Studies and directs Notre Dame's Tocqueville Program for Inquiry into Religion and Public Life.
Muñoz writes and teaches across the fields of constitutional law, American politics, and political philosophy with a focus on religious liberty and the American Founding. His first book, God and the Founders: Madison, Washington, and Jefferson (Cambridge University Press, 2009) won the Hubert Morken Award from the American Political Science Association for the best publication on religion and politics in 2009 and 2010. His First Amendment church-state case reader, Religious Liberty and the American Supreme Court: The Essential Cases and Documents (Rowman & Littlefield) was first published in 2013 (revised edition, 2015) and is being used at Notre Dame and other leading universities.
Muñoz's current project is a scholarly monograph on the natural right of religious liberty and the original meaning of the First Amendment's Religion Clauses. Articles from that project have appeared in American Political Science Review, The Harvard Journal of Law and Public Policy, Notre Dame Law Review, American Political Thought, and the University of Pennsylvania's Journal of Constitutional Law.
Partner, Keller Postman
Ashley Keller is one of the founding Partners of Keller Postman LLC. An experienced trial and appellate lawyer, Ashley helps set strategic direction across virtually all of the firm’s cases. He represents clients in a wide variety of practice areas and types of claims, including product-liability, antitrust, class action, and arbitration matters.
Ashley is one of the leaders of Keller Postman’s national product-liability practice. He leverages his ability to detangle complex concepts and develop novel legal theories to support individual client matters and as counsel on numerous product-liability multidistrict litigation matters. He chairs the plaintiffs’ Law & Briefing Committee in the Zantac (Ranitidine) Product Liability MDL in the U.S. District Court for the Southern District of Florida.
Ashley also litigates complex antitrust and class action matters. Among his notable cases, Ashley represents numerous States in antitrust litigation against Google for monopolizing products and services used by advertisers and publishers in online-display advertising.
Ashley also has played a central role in developing the firm’s pioneering arbitration practice, which includes pursuing individual arbitrations for clients whose claims are subject to arbitration clauses with class-action waivers. In part through managing the complexity of pursuing these individual claims simultaneously, the firm has secured millions in settlements for more than 500,000 employees and consumers.
Before launching Keller Postman, Ashley co-founded the litigation finance firm Gerchen Keller Capital, which grew to more than $1.3 billion in assets under management and was the world’s largest private investment manager focused on legal and regulatory risk prior to being acquired by Burford Capital in 2016.
Previously, Ashley was a partner at Bartlit Beck Herman Palenchar & Scott LLP, The American Lawyer’s litigation boutique of the year. While there, he handled various trial and appellate matters involving multi-billion-dollar securities and patent cases, contract disputes, mass torts, and class actions.
Ashley also worked as an analyst at Alyeska Investment Group, a Chicago-based market-neutral hedge fund, where he focused on investments in companies facing litigation and other complicated regulatory matters.
Ashley was named a 2021 Plaintiffs’ Lawyers Trailblazer by the National Law Journal. He is also listed on Lawdragon’s 500 Leading Lawyers in America, Lawdragon’s 500 Leading Plaintiff Consumer Lawyers, Lawdragon’s Leading Plaintiff Financial Lawyers, National Trial Lawyers’ Top 100, and Illinois Super Lawyers.
Ashley was a law clerk for Justice Anthony M. Kennedy at the Supreme Court of the United States and Judge Richard Posner at the U.S. Court of Appeals for the Seventh Circuit. He graduated magna cum laude from Harvard College, received his M.B.A. from the University of Chicago Booth School of Business and received his J.D. from the University of Chicago Law School, where he graduated first in his class.
Deputy Assistant Attorney General, U.S. Department of Justice
Eric Hamilton serves as the Deputy Assistant Attorney General for the Federal Programs Branch of the Civil Division. He previously served as the Solicitor General for the State of Nebraska and as an Assistant Solicitor General in the Texas Attorney General’s Office. During the first Trump Administration, Eric worked as an Associate Counsel to the President in the Office of White House Counsel. Earlier in his career, he was in private practice in Washington, D.C. and clerked for Judge Thomas M. Hardiman on the U.S. Court of Appeals for the Third Circuit.
Eric is a graduate of Stanford Law School, where he served on the Stanford Law Review. He holds an undergraduate degree from the University of Nebraska-Lincoln.
Solicitor General, Iowa Office of the Attorney General
Eric Wessan serves as Iowa’s Solicitor General in the Iowa Attorney General’s Office. In that
role, Wessan leads Iowa’s litigation before State and federal appellate courts, including the Iowa
and U.S. Supreme Courts. Before that role, Wessan worked on complex commercial litigation at
two large law firms in Chicago. Wessan also served as a law clerk for the Honorable James C.
Ho on the U.S. Court of Appeals for the Fifth Circuit and for the Honorable John F. Kness on the
U.S. District Court for the Northern District of Illinois. Wessan is a graduate of the University of
Chicago Law School, with honors, and of the University of Chicago.