Federalism & Separation of Powers

Alberto R. Coll

Director, Global Engagement; Vincent de Paul Professor of Law, DePaul University College of Law

Biography

Before joining DePaul, Dr. Alberto R. Coll served for five years as dean of the Center for Naval Warfare Studies, the U.S. Navy’s foremost strategic research center. A cum laude graduate from Princeton University in history, he earned his JD and PhD in government and foreign affairs from the University of Virginia. In 1982, Professor Coll joined the faculty at Georgetown University, and in 1986 was appointed secretary of the Navy Senior Research Fellow at the Naval War College. In 1989, he became the youngest holder of the Charles H. Stockton Chair of International Law, the college’s oldest chair. From 1990 to 1993, Professor Coll was principal deputy assistant secretary of defense, serving in the Pentagon office that oversaw the Defense Department’s policy, strategy and $3 billion budget for special operations forces and “low-intensity” conflict, including counterterrorism. For his work, he received the Secretary of Defense Medal for Outstanding Public Service. Professor Coll is the author of The Wisdom of Statecraft and editor of several other books on international relations and law. He is the author of prize-winning articles in the American Journal of International Law and the Naval War College Review, as well as articles in Foreign Policy, Washington Quarterly, Harvard Journal of International Law, the University of Pennsylvania Journal of International Law, and the UCLA Journal of International Law and Foreign Affairs. In 2004, Professor Coll received the Antonio Jose Irisarri Medal for his contribution to strengthening the rule of law and civilian control over the military in Guatemala. He has served as consultant to the Pew Charitable Trusts, the Ford Foundation, the Carnegie Council on Ethics and International Affairs, the Rand Corp., the United States Information Agency, and numerous defense and intelligence organizations. He is a frequent commentator on American foreign policy, U.S. relations with Cuba and Latin America, and international legal and political issues. Over the past 28 years he has lectured at more than 120 universities, think tanks, government agencies, and public forums in the United States, Latin America, Europe, Asia and South Africa. Professor Coll is a member of the Virginia Bar, the Council on Foreign Relations, and the Instituto de Estudios Juridicos y Politicos at the Universidad Complutense de Madrid. At DePaul, he teaches courses on international law, international human rights, U.S. foreign relations, terrorism, international trade and Latin America.

John C. Yoo

Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute

Biography

John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.

His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.

Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.

Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.

Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.

Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.

Brian J. Paul

Partner, Faegre Drinker Biddle & Reath LLP

Biography

Brian J. Paul is an appellate lawyer and leads law teams in high-stakes commercial litigation. He has briefed and argued everything from weighty abstract constitutional issues to dollars-and-cents business issues and everything in-between, both on appeal and in trial courts around the country. A member of the American Law Institute, recent past-president of the Seventh Circuit Bar Association and top-tier ranked Chambers appellate lawyer, Brian had one client say about him: “Brian is one of the most respected and skilled appellate lawyers, not only in Indianapolis but across the country. He is trusted to deliver timely guidance on complex issues.” Another said: “He is excellent. I enjoyed working with him. He is able to put things into layman’s terms and explains things really well. His written and oral advocacy are short, crisp and to the point.”

Clients hire Brian to digest the complex, and make the complex simple and compelling for busy, generalist judges. In his writing, he strives to cut through jargon and legalese, and distill things down to what’s important. In his oral advocacy, by intense preparation, he strives to be the advocate whom judges trust for the right answers. In the dozens of cases he has argued, Brian has helped clients win on both sides of the “v.” His recent representations include:

AXIS Ins. Co. v. Am. Specialty Ins. & Risk Servs., No. 23-1698, 2024 WL 3665333, ___ F.4th ___ (7th Cir. Aug. 6, 2024). Representing AXIS Insurance Co., Brian obtained a reversal of an adverse summary judgment ruling in a case holding that the parties' indemnification contract neither expressly nor impliedly obligated the indemnitee to tender a defense to the indemnitor before settling claims against the indemnitee.
Circle City Broad. I, LLC v. AT&T Servs., Inc., 99 F.4th 378 (7th Cir. 2024). Representing AT&T Services, Inc., and DirectTV, LLC, Brian successfully defended a favorable summary judgment ruling in a case involving alleged discrimination in contracting under 42 U.S.C. § 1981 holding that the plaintiff failed to demonstrate that a jury could reasonably find that the defendants' decision not to pay broadcast retransmission fees for the rights to carry two Indianapolis-based television stations reflected anything other than lawful business choices responsive to dynamics of the television broadcast market.
Wells v. Freeman Co., 94 F.4th 608 (7th Cir. 2024). Representing The Freeman Company, Brian successfully defended a favorable summary judgment ruling in a Title VII case holding that the plaintiff could not sue for sexual harassment because she was not the company’s employee, but instead an independent contractor.
Mellowitz v. Ball State Univ., 221 N.E.3d 1214 (Ind. 2023). Representing Ball State University, Brian successfully defended the constitutionality of a state law that barred class actions seeking refunds of tuition and fees based on the university’s cancellation of in-person classes due to the COVID-19 pandemic.
Klaassen v. Trustees of Indiana Univ., 7 F.4th 592 (7th Cir. 2021) and Klaassen v. Trustees of Indiana Univ., 24 F.4th 638 (7th Cir. 2022). Representing Indiana University, Brian successfully defended the constitutionality of the school’s COVID vaccine mandate policy.
Nat’l Collegiate Athletic Ass’n v. Finnerty, 191 N.E.3d 211 (Ind. 2022). Representing the NCAA, Brian secured the reversal of a discovery ruling that would have allowed high-ranking executives to be deposed without any consideration of their unique role in the organization.
Westwood One Radio Networks, LLC v. Nat’l Collegiate Athletic Ass’n, 172 N.E.3d 294 (Ind. Ct. App. 2021). Representing the NCAA, Brian successfully beat back a request for an injunction preventing the Association from terminating an exclusive radio broadcast agreement.
Reid Hosp. & Health Care Servs., Inc. v. Conifer Revenue Cycle Sols., LLC, 8 F.4th 642 (7th Cir. 2021). Representing Reid Hospital & Health Care Services, Brian secured the reversal of a summary judgment ruling that denied the hospital the ability to seek tens of millions of dollars in compensation for breach of a revenue collection services contract.
Delgado v. U.S. Dep’t of Just., 979 F.3d 550 (7th Cir. 2020). Representing an agent of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Brian obtained the reversal of an agency decision that declined to force an investigation into whether the agent had been retaliated against and denied promotions, in violation of the Whistleblower Protection Act, for reporting his suspicions that another agent had testified falsely during a federal criminal trial.
River Ridge Dev. Auth. v. Outfront Media, LLC, 146 N.E.3d 906 (Ind. 2020). Representing River Ridge Development Authority, Brian got a reversal of a six-figure attorney’s fees award.
Indiana Off. of Util. Consumer Couns. v. S. Indiana Gas & Elec. Co., 200 N.E.3d 915 (Ind. 2023). Representing the Indiana Energy Association as amicus curiae (friend of the court), Brian helped secure the reversal of a lower appellate court ruling that misinterpreted a statute governing customer credits for excess distributed generation of electricity.
Duke Energy Indiana, LLC v. City of Noblesville, 234 N.E.3d 173 (Ind. 2024). Representing the Indiana Energy Association as amicus curiae, Brian helped secure the reversal of a lower appellate court ruling in a case holding that only the Indiana Utility Regulatory Commission can decide whether a city ordinance implicating a public-utility function is unreasonable.

Brian J. Paul

Partner, Faegre Drinker Biddle & Reath LLP

Biography

Brian J. Paul is an appellate lawyer and leads law teams in high-stakes commercial litigation. He has briefed and argued everything from weighty abstract constitutional issues to dollars-and-cents business issues and everything in-between, both on appeal and in trial courts around the country. A member of the American Law Institute, recent past-president of the Seventh Circuit Bar Association and top-tier ranked Chambers appellate lawyer, Brian had one client say about him: “Brian is one of the most respected and skilled appellate lawyers, not only in Indianapolis but across the country. He is trusted to deliver timely guidance on complex issues.” Another said: “He is excellent. I enjoyed working with him. He is able to put things into layman’s terms and explains things really well. His written and oral advocacy are short, crisp and to the point.”

Clients hire Brian to digest the complex, and make the complex simple and compelling for busy, generalist judges. In his writing, he strives to cut through jargon and legalese, and distill things down to what’s important. In his oral advocacy, by intense preparation, he strives to be the advocate whom judges trust for the right answers. In the dozens of cases he has argued, Brian has helped clients win on both sides of the “v.” His recent representations include:

AXIS Ins. Co. v. Am. Specialty Ins. & Risk Servs., No. 23-1698, 2024 WL 3665333, ___ F.4th ___ (7th Cir. Aug. 6, 2024). Representing AXIS Insurance Co., Brian obtained a reversal of an adverse summary judgment ruling in a case holding that the parties' indemnification contract neither expressly nor impliedly obligated the indemnitee to tender a defense to the indemnitor before settling claims against the indemnitee.
Circle City Broad. I, LLC v. AT&T Servs., Inc., 99 F.4th 378 (7th Cir. 2024). Representing AT&T Services, Inc., and DirectTV, LLC, Brian successfully defended a favorable summary judgment ruling in a case involving alleged discrimination in contracting under 42 U.S.C. § 1981 holding that the plaintiff failed to demonstrate that a jury could reasonably find that the defendants' decision not to pay broadcast retransmission fees for the rights to carry two Indianapolis-based television stations reflected anything other than lawful business choices responsive to dynamics of the television broadcast market.
Wells v. Freeman Co., 94 F.4th 608 (7th Cir. 2024). Representing The Freeman Company, Brian successfully defended a favorable summary judgment ruling in a Title VII case holding that the plaintiff could not sue for sexual harassment because she was not the company’s employee, but instead an independent contractor.
Mellowitz v. Ball State Univ., 221 N.E.3d 1214 (Ind. 2023). Representing Ball State University, Brian successfully defended the constitutionality of a state law that barred class actions seeking refunds of tuition and fees based on the university’s cancellation of in-person classes due to the COVID-19 pandemic.
Klaassen v. Trustees of Indiana Univ., 7 F.4th 592 (7th Cir. 2021) and Klaassen v. Trustees of Indiana Univ., 24 F.4th 638 (7th Cir. 2022). Representing Indiana University, Brian successfully defended the constitutionality of the school’s COVID vaccine mandate policy.
Nat’l Collegiate Athletic Ass’n v. Finnerty, 191 N.E.3d 211 (Ind. 2022). Representing the NCAA, Brian secured the reversal of a discovery ruling that would have allowed high-ranking executives to be deposed without any consideration of their unique role in the organization.
Westwood One Radio Networks, LLC v. Nat’l Collegiate Athletic Ass’n, 172 N.E.3d 294 (Ind. Ct. App. 2021). Representing the NCAA, Brian successfully beat back a request for an injunction preventing the Association from terminating an exclusive radio broadcast agreement.
Reid Hosp. & Health Care Servs., Inc. v. Conifer Revenue Cycle Sols., LLC, 8 F.4th 642 (7th Cir. 2021). Representing Reid Hospital & Health Care Services, Brian secured the reversal of a summary judgment ruling that denied the hospital the ability to seek tens of millions of dollars in compensation for breach of a revenue collection services contract.
Delgado v. U.S. Dep’t of Just., 979 F.3d 550 (7th Cir. 2020). Representing an agent of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Brian obtained the reversal of an agency decision that declined to force an investigation into whether the agent had been retaliated against and denied promotions, in violation of the Whistleblower Protection Act, for reporting his suspicions that another agent had testified falsely during a federal criminal trial.
River Ridge Dev. Auth. v. Outfront Media, LLC, 146 N.E.3d 906 (Ind. 2020). Representing River Ridge Development Authority, Brian got a reversal of a six-figure attorney’s fees award.
Indiana Off. of Util. Consumer Couns. v. S. Indiana Gas & Elec. Co., 200 N.E.3d 915 (Ind. 2023). Representing the Indiana Energy Association as amicus curiae (friend of the court), Brian helped secure the reversal of a lower appellate court ruling that misinterpreted a statute governing customer credits for excess distributed generation of electricity.
Duke Energy Indiana, LLC v. City of Noblesville, 234 N.E.3d 173 (Ind. 2024). Representing the Indiana Energy Association as amicus curiae, Brian helped secure the reversal of a lower appellate court ruling in a case holding that only the Indiana Utility Regulatory Commission can decide whether a city ordinance implicating a public-utility function is unreasonable.

Douglas R. Cox

Partner, Gibson Dunn & Crutcher

Biography

Douglas R. Cox is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Vice-Chair of the firm's Crisis Management Practice Group. He practices in the areas of constitutional and general commercial litigation, appellate law, and governmental matters.

Mr. Cox has represented numerous clients in litigation before federal and state trial and appellate courts. He played a principal role in the firm's successful representation of the prevailing candidate before the Supreme Court of the United States in Bush v. Palm Beach County Canvassing Board and Bush v. Gore, stemming from the 2000 presidential election, and in other cases before the Supreme Court involving equal protection, voting rights and election law, the scope of the jury trial right under the Seventh Amendment, and other constitutional and statutory issues.

Mr. Cox successfully represented the National Association of Securities Dealers ("NASD") in a series of trial and appellate matters, including DL Capital Group, LLC v. Nasdaq Stock Market, Inc., 409 F.3d 93 (2d Cir. 2005) and Sparta Surgical Corp. v. NASD, 159 F.3d 1209 (9th Cir. 1998).

Mr. Cox frequently represents accounting firms in a variety of matters, including matters involving the SEC and PCAOB. He also has substantial experience representing clients before congressional investigating committees.

Mr. Cox previously served for five years during the Reagan and Bush Administrations in the Justice Department's Office of Legal Counsel, becoming Principal Deputy Assistant Attorney General during the Bush Administration. In that Office, he provided legal advice to Executive Branch departments; resolved legal disputes on behalf of the Attorney General between Executive Branch departments; prepared formal opinions of the Attorney General; drafted and issued opinions on legal issues of importance to the Executive Branch; and advised Congress as to the constitutionality of pending legislation.

From 1981 through 1987, Mr. Cox practiced in New York City with a national firm, representing major corporations in state and federal courts. His practice focused on intellectual property, securities, and international tax litigation.

Mr. Cox received his law degree, cum laude, from Harvard Law School in 1980, where he served as Editor-in-Chief of the Harvard Journal of Law and Public Policy from 1979-1980. He received his undergraduate degree in history, magna cum laude, from Princeton University in 1977. He attended Oxford University on a Knox Scholarship in 1980-1981.

In 2005, Chief Justice Rehnquist appointed Mr. Cox to serve as a member of the Judicial Conference Standing Committee on Rules of Practice and Procedure. In 2008 he was reappointed by Chief Justice Roberts.

Miguel A. Estrada

Partner, Gibson Dunn & Crutcher LLP

Biography

Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.

Mr. Estrada has represented clients before federal and state courts throughout the country in a broad range of matters. He has argued 24 cases before the United States Supreme Court, and briefed many others. He has also argued dozens of appeals in the lower federal courts.

Best Lawyers® recognized Mr. Estrada as a 2020 Lawyer of the Year in Intellectual Property Litigation and as a Lawyer of the Year in Appellate Practice. He has been recognized by Benchmark Litigation as a 2020 U.S. Appellate Litigation “Star”. In 2014, The American Lawyer named Mr. Estrada a “Litigator of the Year,” praising his “brains and tenacity” and noting he is the lawyer to call for “a tough, potentially unwinnable case.” From 2014-2021, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers. Chambers & Partners noted that “clients are impressed by his intellect and ability, with one saying, ‘His papers are just blindingly clear in what they say and devastating in how they marshal the arguments.’” The Atlantic described his oral argument in a 2014 high-profile separation-of-powers case as “one of the most dazzling arguments the marble chamber has heard in many years.”

Mr. Estrada was selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America® in the area of Appellate Law, in addition to previous recognition by the publication in the specialties of Bet-the-Company Litigation, Commercial Litigation and Criminal Defense: White Collar, Intellectual Property Litigation, and Regulatory Enforcement Litigation in the areas of SEC, Telecom, and Energy. In 2017, he was elected as a member of the American Law Institute. In 2021, Mr. Estrada was named among the Lawdragon 500 Leading Lawyers in America. In 2004, Legal Times named him one of the top 12 appellate litigators in the D.C. area, noting that “people who follow appellate practice in Washington have known for several years that Estrada . . . is one of the best around.” Also in 2004, Washingtonian Magazine named him one of the top constitutional law lawyers “who could become one of the legends of the Supreme Court bar.”

Mr. Estrada joined Gibson Dunn in 1997, after serving for five years as Assistant to the Solicitor General of the United States. He previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney’s Office, Southern District of New York. In those capacities, Mr. Estrada represented the government in numerous jury trials and in many appeals before the U.S. Court of Appeals for the Second Circuit. Before joining the U.S. Attorney’s Office, Mr. Estrada practiced corporate law in New York with Wachtell, Lipton, Rosen & Katz.

Mr. Estrada is a Trustee of the Supreme Court Historical Society. He was formerly a member of the Board of Visitors of Harvard Law School.

Mr. Estrada served as a law clerk to the Honorable Anthony M. Kennedy in the U.S. Supreme Court from 1988 to 1989 and to the Honorable Amalya L. Kearse in the U.S. Court of Appeals for the Second Circuit from 1986 to 1987. He received a J.D. degree magna cum laude in 1986 from Harvard Law School, where he was editor of the Harvard Law Review. Mr. Estrada graduated with an A.B. degree magna cum laude and Phi Beta Kappa in 1983 from Columbia College, New York. He is fluent in Spanish and proficient in French.

Representative Supreme Court matters include:

In National Labor Relations Board v. Noel Canning (2014), he represented the Republican caucus of the United States Senate in successfully urging the invalidation of the President’s recess appointments to the National Labor Relation Board.
In Comcast Corp. v. Behrend (2013), he persuaded the Court to grant review of, and then reverse by a 5-4 vote, a certified antitrust class seeking $2.6 billion in damages.
In Black v. United States (2010), he represented media magnate Conrad M. Black in securing Court review and reversal of multiple convictions under the “honest services” provisions of the federal mail and wire fraud statutes.Based on his arguments, the Supreme Court significantly narrowed the scope of conduct that can be prosecuted as “honest services” fraud.
In Laboratory Corporation of America Holdings v. Metabolite Laboratories, Inc. (2006), he persuaded the Court to leave undisturbed a Federal Circuit ruling upholding the validity of a two-step process patent setting forth a method for diagnosing vitamin deficiencies.
In Northern Insurance Co. of New York v. Chatham County (2006), he persuaded the Court to rule unanimously that counties are not entitled to invoke sovereign immunity in admiralty actions.
In Aetna v. Davila Health (2004), he persuaded the Court to rule unanimously that federal law preempts state laws that give patients the right to sue managed care organizations.
In Strickler v. Greene (1999), he argued on behalf of a death row inmate pro bono in a challenge to his conviction and sentence.

In 2011, the Supreme Court appointed Mr. Estrada to brief and argue two criminal cases –Dorsey v. United States and Hill v. United States – in which the Solicitor General declined to defend the judgments of the court of appeals. Mr. Estrada was appointed to argue the position that the Solicitor General had declined to defend.

Mr. Estrada was also part of the team that successfully presented then Governor Bush’s position to the Supreme Court in Bush v. Gore (2000). Other cases that Mr. Estrada handled in the Supreme Court include Granholm v. Heald (2005) (dormant Commerce Clause and Twenty-First Amendment), Vermont Agency of Natural Resources v. United States ex rel. Stevens (2000) (False Claims Act, Article III standing and Eleventh Amendment immunity), Old Chief v. United States (1997) (rules of evidence), United States v. Mezzanatto (1995) (evidence and plea bargaining), United States v. Robertson (1995) (constitutional limits on Congress’s Commerce Clause powers), Citizens Bank of Maryland v. Strumpf (1995) (bankruptcy law), and NOW, Inc. v. Scheidler (1994) (RICO).

Recent Court of Appeals matters include:

In re Engle Cases, 767 F.3d 1082 (11th Cir. 2014): upholding dismissal of over 700 individual cases for pervasive pleading deficiencies.
Coquina Invs. V. TD Bank, N.A., 760 F.3d 1300 (11th Cir. 2014): upholding jury verdict and sanctions in fraud case arising out of a Ponzi scheme.
FERC v. JPMorgan Ventures Energy Corp. (D.C. Cir. 2013): argued two appeals on discovery issues arising out of FERC’s investigation of alleged market manipulation; the investigation was closed by settlement before decisions were issued.
Espenscheid v. DirectSat USA, LLC, 705 F.3d 770 (2013): rejecting class certification and collective-action treatment for overtime claims.
Comcast Cable Communications, LLC v. FCC, 717 F.3d 982 (D.C. Cir. 2013): reversing FCC decision in program-carriage case.
Georgia Pacific Consumer Prods. v. von Drehle, 710 F.3d 527 (4th Cir. 2013): reversing JNOV in trademark infringement case.
Fox v. FCC, 613 F.3d 317 (2d Cir. 2010): invalidating FCC’s indecency policy under vagueness doctrine.

In addition, Mr. Estrada is lead appellate counsel to Vivendi S.A. in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit, and to the National Association of Broadcasters in a challenge to certain procedures promulgated by the FCC in connection with the upcoming Spectrum Auction. Mr. Estrada also recently presented argument before the D.C. Circuit on behalf of the tobacco industry in a first amendment challenge to certain compelled disclosures that were imposed as part of the government’s long-running civil RICO case against the industry.

Other matters:

In 2014, Mr. Estrada represented a large financial institution in a tax dispute with the Commonwealth of Puerto Rico, and was part of a team that prevailed in a bench trial.
In 2013, Mr. Estrada represented the CEO of PokerStars, the largest online poker card-room in the world, in settling civil-forfeiture claims by the U.S. Attorney for the Southern District of New York.
From 2004 to 2009, Mr. Estrada defended Cessna in federal court litigation arising out of the largest airline disaster in Italian history, ultimately securing dismissal of most of the claims.
From 1999 to 2005, Mr. Estrada was a lead attorney for Aetna in dozens of class actions against the managed care industry that the Judicial Panel for Multidistrict Litigation consolidated in the United States District Court for the Southern District of Florida (MDL No. 1334).