Paul J. Zidlicky

PAUL ZIDLICKY focuses his practice on complex civil litigation and appellate litigation. His cases often involve federal constitutional, statutory, and regulatory provisions and arise in a variety of areas, including administrative law, products liability, multidistrict litigation, and constitutional law (e.g., Commerce Clause, First Amendment and federal preemption). Paul represents a wide variety of clients, which include energy companies, accounting firms, manufacturers (including pharmaceutical and medical device manufacturers), financial institutions, transportation companies and religious institutions. Paul has been recognized by Benchmark Litigation as a “Litigation Star” for Appellate in the United States (National) (2023–2025) and District of Columbia (2016–2025). Paul has been the Pro Bono Chair for Sidley’s office in D.C. since 2015.

Paul has argued before the United States Supreme Court, has filed briefs seeking, supporting, and opposing certiorari and has briefed cases on the merits for parties and amici curiae.

At the trial level, Paul has significant experience acting as legal issues and motions counsel in federal multidistrict litigation, preparing high-profile cases for trial and ensuring that critical issues are preserved for any appellate review.

Paul joined Sidley following clerkships with Chief Justice William H. Rehnquist of the United States Supreme Court in Washington, D.C. and Judge Frank J. Magill of the United States Court of Appeals for the Eighth Circuit in Fargo, N.D. He graduated with high honors from the George Washington University Law School, where he served as senior managing editor of the Law Review and was elected to the Order of the Coif. He received his B.S. in mechanical engineering from Brown University.

Paul’s cases on the merits before the Supreme Court include:

• National Pork Producers Council v. Ross, 598 U.S. 356 (2023) (amicus curiae)
• Maine Community Health Options v. United States, 590 U.S. 296, 310 (2020) (amicus curiae)
• Air & Liquid Systems Corp. v. DeVries, 586 U.S. 446 (2019) (party)
• The American Legion v. American Humanist Ass’n, 588 U.S. 29 (2019) (amici curiae)
• Kingdomware Technologies, Inc. v. United States, 579 U.S. 162 (2016) (amici curiae)
• Oxford Health Plans v. Sutter, 569 U.S. 564 (2013) (amicus curiae)
• KPMG LLP v. Cocchi, 565 U.S. 18 (2011) (party)
• Vaden v. Discover Bank, 556 U.S. 49 (2009) (party)
• Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003) (party)
• Abdur’Rahman v. Bell, 537 U.S. 88 (2002) (amici curiae)
• National Cable & Telecommunications Ass’n v. Gulf Power Co., 534 U.S. 327 (2002) (party)
• Green Tree Financial Corp. v. Randolph, 531 U.S. 79 (2001) (party)
• Green Tree Financial Corp. v. Randolph, 531 U.S. 79 (2001) (party)
• Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) (amici curiae)

Paul also has briefed and/or argued appeals and dispositive motions before both federal and state appellate and trial courts. His more recent cases include:

• Gay v. A.O. Smith Corp., No. 23-2078 (3d Cir. May 24, 2024) (affirming summary judgment based upon derivate immunity and federal contractor defense)
• Pharmaceutical Coalition for Patient Access v. U.S. Dep’t of HHS, 2024 WL 187707 (E.D. Va. Jan. 17, 2024) (APA challenge to agency interpretation of the federal Anti-Kickback Statute) (on appeal to Fourth Circuit)
• In re Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Prods. Liab. Litig., (D. Md. Jan. 8, 2024) (Williams v. Smith & Nephew) (granting summary judgment in bellwether case) 
• In re Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Prods. Liab. Litig., 603 F. Supp. 3d 222 (D. Md. 2022) (Hand v. Smith & Nephew) (granting summary judgment in bellwether case)
• In re Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Prods. Liab. Litig., (D. Md. Feb. 28, 2022) (granting summary judgment on claim of failure to warn the FDA in 175 cases)
• North American Meat Institute v. Becerra, No. 19-56408 (9th Cir. 2020) (challenge to California’s Proposition 12)
• In re Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Prods. Liab. Litig. (Aitcheson v. Smith & Nephew, Inc.), No. 19-1079 (4th Cir. 2019) (affirming dismissal of claims under N.Y. law)
• In re Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Prods. Liab. Litig., 401 F. Supp. 3d 538 (D. Md. 2019) (dismissing claims, in part, based on federal preemption)
• Rocky Mountain Farmers Union v. Corey, 913 F.3d 940 (9th Cir. 2019) (challenge to California’s low carbon fuel standard)
• American Fuel & Petrochemical Mfrs. v. Corey, 903 F.3d 903 (9th Cir. 2018) (challenge to Oregon’s low carbon fuel standard)
• Utility Solid Waste Activities Group v. EPA, 901 F.3d 414 (D.C. Cir. 2018) (counsel for party)
• WorldCall Interconnect, Inc. v. FCC, 907 F.3d 810 (5th Cir. 2018) (counsel for intervenor)
• Rocky Mountain Farmers Union v. Corey, 740 F.3d 507 (9th Cir. 2014) (challenge to California’s low carbon fuel standard)
• United States v. City of New York, 717 F.3d 72 (2d Cir. 2013) (reversing grant of summary judgment in claim brought against the New York City Fire Department) (assisted Corporation Counsel)
• Rocky Mountain Farmers Union v. Goldstene, 843 F. Supp. 2d 1042 (E.D. Cal. 2011) (challenge to California’s low carbon fuel standard)
• Tang v. Synutra Int’l, Inc., 656 F.3d 242 (4th Cir. 2011) (dismissal under forum non conveniens)
• Graham v. Value Options, Inc., No. 1 CA-CV 09-0431 (Ariz. Ct. App. Oct. 28, 2010) (setting aside $25 million punitive damages award in wrongful death action)
• AstraZeneca Pharm., LP v. State of Alabama, 41 So.3d 15 (Ala. 2009) (setting aside $160 million compensatory and punitive damages award and rendering judgment for AstraZeneca after a jury trial brought by the state challenging pharmaceutical price reporting) (drafted appellate briefs)
• Qwest Corp. v. AT&T Corp., 479 F.3d 1206 (10th Cir. 2007) (affirming dismissal of access charge claims brought by Qwest against AT&T Corp. under the Federal Communications Act)