Pharmaceutical industry

In Wyeth v. Levine (6-3), Frederick helped to convince Justices Stevens, Ginsburg, Kennedy, Souter, Breyer and Thomas that federal approval of labels that provide warnings about side effects of drugs do not bar lawsuits claiming inadequate warnings of a health risk in state law.^[6] In the case, Diana Levine sued Wyeth for failing to warn patients that the drug Phenergan could cause gangrene when administered using direct IV injection. The 2009 verdict, which affirmed a ruling by the Vermont Supreme Court, was a victory for Levine and for victims who could continue bringing their cases to state courts.^[7][8]

In 2010, in Merck & Co. v. Reynolds, Frederick argued against the application of a statute of limitations for securities fraud cases based on mere inquiry notice of potential fraud.^[9][10] In this particular case, shareholders sued Merck after the value of $10 billion Vioxx tanked due to concerns about dangerous side effects. The plaintiffs argued that Merck withheld information about the dangers of the drug. Merck asserted a statute of limitations defense, which would have ended before the shareholders had knowledge of all the requisite elements of fraud, but Frederick argued that the statute of limitations should not begin until the plaintiff has enough facts to survive a motion to dismiss.^[11]

The next year, in Matrixx Initiatives, Inc. v. Siracusano (9-0), Frederick argued that statistics involving adverse drug event reports could not negate materiality as a matter of law in a securities fraud suit if the number of adverse reports was not "statistically significant", upholding the decision of the Ninth Circuit.^[12]

In 2013, Frederick successfully represented Kaiser in defending a $142 million jury verdict against Pfizer for fraudulent off-label marketing of Neurontin.^[13]

In 2019, Frederick successfully represented Fosamax patients in a challenge by Merck to personal injury claims.^[14]

Sports industry

Common Herbicides

In Bates v. Dow AgroSciences LLC, Frederick represented a group of peanut farmers from Texas whose crops had burned after the application of an herbicide produced by respondent Dow AgroSciences. The court held in 2005 that the Federal Insecticide, Fungicide, and Rodenticide Act’s express preemption provision does not preclude a range of claims that farmers might bring against manufacturers of agricultural pesticides and insecticides.

In Hardeman v. Monsanto, Frederick successfully persuaded the Supreme Court not to review the ruling of a lower court that awarded $25.2 million to Edwin Hardemen, a San Francisco man who was diagnosed with cancer after using Roundup, made by Monsanto, on his crops for 26 years.^[22] Shortly thereafter he persuaded the Supreme Court to also uphold the ruling in a similar case, Pilliod v. Monsanto.^[23]

Financial Crisis

With Korein Tillery as co-counsel, Frederick led the outside litigation team on behalf of the National Credit Union Administration to recover more than $5.2 billion against Wall Street banks for their role in the 2007-2009 financial crisis. The Wall Street banks had sold faulty mortgage-backed securities to the largest credit unions. When those securities failed, the credit union system was threatened. Frederick's team successfully recovered from the largest banks on Wall Street for their role in causing the failures of those credit unions.^[24][25]

Opioid Crisis

From 2018 to 2022, Frederick led a team from Kellogg, Hansen, Todd, Figel & Frederick as lead litigation counsel for the state of Florida that recovered more than $3.6 billion against opioid manufacturers, distributors, and leading retail pharmacies for their role in causing the opioid epidemic.^[26]

Other noteworthy cases

Other noteworthy cases argued by Frederick include: South Carolina v. North Carolina, Idaho v. United States, New Jersey v. Delaware, United States v. Locke, Farina v. Nokia, Inc., Carter v. United States, and California v. Deep Sea Research. He has argued cases in all of the thirteen U.S. courts of appeals.^[27]

In 2001, Frederick represented the United States in oral arguments before the U.S. Court of Appeals for the D.C. Circuit in United States v. Microsoft Corporation in an appeal of the landmark antitrust trial that had held Microsoft Corporation liable for violating antitrust laws.

In 2008, Altria Group, Inc. v. Good examined whether state-law fraud claims against cigarette makers for allegedly false statements made about light cigarettes are preempted under the federal statute that concerns tobacco labeling. In a 5–4 decision, the court held that state-law claims sounding in fraud against tobacco companies are not preempted by the express preemption provision of the federal labeling statute.^[28]

Additionally, in Jones v. Harris, a 9–0 decision reached in 2010, Frederick persuaded the court to a unanimous decision in favor of investors, reversing a circuit court decision by Judge Frank Easterbrook. The plaintiffs had sued over exorbitant fees charged by mutual fund investment advisers.^[29]

In 2018, Frederick represented David Pepper as lead plaintiff in Apple Inc. v. Pepper. The case concerned Apple's monopoly on iPhone apps. Apple challenged whether the consumers could sue for antitrust violations, but the Supreme Court ruled, 5-4, in the consumers' favor. The Court ruled that consumers had the right to sue Apple for practices it employed relating to its App Store.^[30]

In 2021, Frederick represented the state of Tennessee in Mississippi v. Tennessee. In that case, Mississippi made the claim that it held property ownership rights to an aquifer that straddled the border of both states. Frederick successfully persuaded the Supreme Court to rule in favor of Tennessee, 9-0.^[31] The court ruled that groundwater is subject to equitable apportionment between the states.

Speculated possible federal service

Frederick was part of the Obama-Biden Legal Policy Team and was rumored to be on President Obama's short list for Solicitor General.^[32]

On May 27, 2013, the New York Times reported that President Obama was considering nominating Frederick to one of three vacancies on the United States Court of Appeals for the District of Columbia Circuit.^[33]