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Image: Joseph C. Schroeder

Joseph C. Schroeder

Of Counsel, Litigation Department

Overview

Joseph Schroeder is of counsel in the Litigation Department of Paul Hastings and is based in the firm's Washington, D.C. office. Joseph has experience drafting appellate briefs and dispositive motions in complex commercial, antitrust, consumer class action, constitutional, ERISA, mass tort and securities litigations. Before entering private practice, Joseph served as a Bristow Fellow with the Office of the Solicitor General, where he assisted the United States government in matters pending before the United States Supreme Court and the federal courts of appeals. Joseph is a former clerk to Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and an alumnus of the University of Chicago Law School, where he graduated with Highest Honors.

Representations

Antitrust

  • In re: Blue Cross Blue Shield Antitrust Litig., MDL No. 2406 (N.D. Ala.): Led team revising brief in opposition to class certification and Daubert briefs in relation to claims that “Blue” insurance trademarks and exclusive service areas violated antitrust laws. 
  • In re Broiler Chicken Antitrust Litig., (N.D. Ill.) and Jien v. Perdue Farms, Inc. et al., No. 1:19-cv-2521 (D. Md.): Advocated for poultry producer facing allegations of alleged conspiracies to suppress broiler chicken production and employee compensation. 
  • In re Generics Pharmaceuticals Pricing Antitrust Litig., MDL No. 2724 (E.D. Pa.): Represented international pharmaceutical manufacturer during and following the spinoff of a subsidiary named in antitrust class actions. Led brief in opposition to “emergency” motion to enjoin the spinoff filed days before the transaction (involving billions of dollars of value and 20,000 employees) was due to close. After the transaction closed, led team representing Swiss former parent in its motion to dismiss antitrust claims for lack of personal jurisdiction. 

Complex Litigation and Class Actions

  • Cabrera v. Black & Veatch Special Projects Corporation (D.D.C.): Drafted successful motion to dismiss Anti-Terrorism Act claims brought against large civilian contractor in Afghanistan reconstruction. 
  • Cerda v. Chicago Cubs Baseball, LLC: Led team defending successful motion to dismiss and trial victories on appeal of Anti-Discrimination Act claims following renovation of the historic Wrigley Field baseball stadium. 
  • Cruise Lines Int’l Assoc. v. Suganama, No. 25-8057 (9th Cir.): Counsel for cruise lines challenging new taxes and associated requirements imposed on cruise ships under the Tonnage Clause of the United States Constitution and the federal Rivers and Harbors Act. 
  • Energy Lease Matter: Counsel to significant energy producer facing complaints alleging violations of leases permitting exploration in Ohio’s Utica Shale. After state trial court granted summary judgment on liability and jury awarded $40 million in damages on just one claim, filed successful memorandum in support of jurisdiction seeking interlocutory appeal in the Ohio Supreme Court. Secured vacatur of trial court’s damages award. 
  • Godwin v. Facebook, Inc. et al., No. 109203 (Ohio 8th Dist.): Drafted successful appellee brief in case bringing tort claims after a murder was livestreamed on the platform of a large social media company. 
  • In re Recalled Abbott Infant Formula (N.D. Ill.): Led team filing motions to dismiss economic loss class actions following a recall of infant formula products and resulting nationwide infant-formula shortage. Won motion to dismiss and drafted successful appellee brief leading to unanimous affirmance in the Seventh Circuit. 
  • In re ZF-TRW Airbag Control Units Product Liability Litig., MDL No. 2905 (C.D. Cal.): Led successful motion to dismiss economic loss class action claims against automotive parts manufacturer for lack of personal jurisdiction. 
  • Oddo et al. v. Arcoaire Air Conditioning & Heating et al., No. 8:15-cv-1985 (C.D. Cal.): Drafted successful briefs in opposition to class certification and Daubert briefs in multi-state class action alleging failures in household HVAC systems. Drafted successful opposition to plaintiff’s petition for interlocutory appeal under Fed. R. Civ. Proc. 23(f). 

Criminal

  • Hicks v. United States, No. 16–7806 (U.S.): Drafted brief to United States Supreme Court recommending that the Supreme Court issue a rare GVR (grant, vacate, remand) regarding the petition of a criminal defendant whose sentence was subject to review under the Fair Sentencing Act. 
  • United States v. Gonzales-Gomez, No. 16-40733 (5th Cir.): Successfully defended a criminal conviction at oral argument following appeal of a district court’s denial of motion to suppress statements made to United States Border Patrol agents. 

Environmental

  • In re ACF Basin Water Litigation, No. 1:18-mi-043 (N.D. Ga.): Served as the primary drafter of a cross-motion for summary judgment submitted by the State of Georgia in opposition to claims that the Army Corps of Engineers had violated the National Environmental Policy Act (NEPA) by revising a complex river system’s Water Control Manual to allocate conservation storage for municipal water supply. Worked with team to analyze an extensive administrative record and defend the Corps from plaintiffs disagreeing with its environmental and policy decision-making. After securing summary judgment, submitted briefs defending that positive result to the Eleventh Circuit. 

ERISA

  • UAW v. Honeywell International, Inc., No. 18-1471 (6th Cir.) and Pacheco v. Honeywell International, Inc., No. 18-1006 (8th Cir.): Drafted successful dispositive motions and appellate briefs on behalf of Fortune 100 company facing allegations that welfare benefits valued at several hundred million dollars were vested beyond the terms of applicable collective bargaining agreements. 

Mass Torts

  • In re Juul Labs, Inc., No. 19-md-2913-WHO (N.D. Cal.): Led briefing on motions to dismiss, motions for summary judgment and motions in limine in litigation regarding e-cigarette products. Led briefing on successful petition for interlocutory review of class action order under Rule 23(f), which the Ninth Circuit granted. 
  • In re Paraquat Products Liability Litig. (S.D. Ill.): Represented herbicide manufacturer moving to exclude plaintiff experts alleging link between herbicide and Parkinson’s disease. Summary judgment was entered in manufacturer’s favor for all bellwether plaintiff claims after general causation expert was excluded. 
  • In re Valsartan Products Liability Litig. (D.N.J.): Successfully moved to exclude testimony of specific causation expert asserting purported link between trace pharmaceutical contamination and liver cancer. 

Restructuring

  • In re Garrett Motion Inc., et al., No. 10-12212 (Bankr. S.D.N.Y.): Led team moving to dismiss claims in adversary proceeding seeking to void approximately $1.5 billion in claims. 
  • In re Murray Energy Holdings Co., et al., No. 19-56885 (Bankr. S.D. Ohio): Led restructuring team drafting motions to dismiss adversary proceedings brought against debtor, the largest privately-held coal company in the United States. 

Securities

  • Pembroke Pines Firefighters v. Abbott Labs (N.D. Ill): Successfully moved to dismiss investor lawsuits arising from contamination at Sturgis, Michigan infant formula facility. 
  • 737 Max Securities Litigation: Represented Boeing in securities litigations arising from 737 MAX accidents and groundings. 

Languages

English


Admissions

District of Columbia Bar

Illinois Bar


Education

The University of Chicago Law School, J.D. 2015

University of Tulsa, B.A. 2012