Erika L. Maley
ERIKA MALEY is an associate in the Appellate and Complex Commercial Litigation groups. She focuses her practice on representing clients before the United States Supreme Court, federal courts of appeals and federal district courts, involving a wide range of federal constitutional, statutory and administrative law issues. She has handled cases and presented oral argument in front of courts of appeals and district courts.
Erika’s recent matters include:
- Alec L. v. Lisa P. Jackson, 863 F. Supp.2d 11 (D.D.C. 2012), aff’d No. 13-5192 (D.C. Cir. 2014), representing intervenor The National Association of Manufacturers, in which the court dismissed a suit seeking to compel federal regulation of greenhouse gas emissions under a novel “public trust doctrine” theory.
- Validus Reinsurance, Ltd. v. United States, No. 14-5081 (D.C. Cir. 2015), in which the D.C. Circuit ruled that the U.S. federal excise tax imposed under Section 4371 of the Code does not apply to retrocession contracts between foreign reinsurers.
- Barkes v. Taylor, No. 14-939 (2015), in which the Supreme Court summarily reversed a Third Circuit ruling that senior officials of Delaware Department of Corrections could be held liable for a prisoner’s suicide.
Prior to joining the firm in 2011, Erika worked as a trial attorney in the Federal Programs Branch of the Civil Division of the U.S. Department of Justice. Erika has served as a law clerk both for Associate Justice Stephen G. Breyer of the United States Supreme Court and for Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. She earned her law degree from Stanford Law School, where she served as an articles editor on the Law Review and was awarded membership in the Order of the Coif, and her B.A., summa cum laude, from Duke University.
Erika has also worked on a range of pro bono matters in the U.S. Supreme Court and federal courts of appeals, including:
- Jennings v. Stephens, No. 13-7211 (2015), representing the petitioner, in which the Supreme Court held that a federal habeas petitioner need not obtain a certificate of appealability to raise an alternative ground for affirmance in the court of appeals when he has prevailed on another ground in the district court.
- Hinton v. Alabama, No. 13-6440 (2014), representing amicus The Constitution Project, in which the Supreme Court summarily reversed an Alabama Supreme Court holding that there was no ineffective assistance of counsel in a death penalty case.