Richard A. Simpson

Obtained grant of writ of certiorari by the United States Supreme Court, continued as counsel of record at the merits stage, presented oral argument, and obtained a favorable decision in a case raising important issues under the Double Jeopardy Clause. McElrath v. Georgia, 601 U.S. 87, 144 S.Ct. 651 (U.S. 2024). Rick’s oral argument in the Supreme Court can be heard here. Obtained a favorable decision in an appeal and cross-appeal involving the extent of coverage available under an accountant’s professional liability policy for two lawsuits brought by two lenders against the insured accounting firm arising from three separate audits. In an extensive published opinion, the Tenth adopted the insurer-side view that the applicable “interrelated claims” policy language sweeps broadly to encompass a broad range of logical and causal connections and that the proper focus is on whether claims have any meaningful commonalities, not on the differences between the claims as policyholders typically argue. American Southwest Mortgage Corp., et al v. Continental Casualty Company, 84 F.4th 910 (10th Cir. 2023). The oral argument can be found here. Obtained summary judgment in the trial court and an affirmance by the Seventh Circuit determining that a D&O policy did not provide coverage for $20.8 million in settlements of shareholder lawsuits challenging the acquisition of the insured by another company because they constituted settlements of claims alleging that the price of the acquisition was inadequate and so fell within the “bump-up” carve out from the definition of covered “Loss.” Komatsu Mining Corp. v. Columbia Casualty Co., 58 F.4th 305 (7th Cir. 2023), affirming Joy Global Inc. v. Columbia Casualty Company, 555 F. Supp. 3d 589 (E.D. Wis. 2021). The oral argument can be found here. Obtained a decision by the Maryland Supreme Court (on certified question) holding that a law firm representing Homeowners Associations in connection with negotiating and documenting repayment plans with homeowners with delinquent dues is not subject to the Maryland Consumer Loan Law. The decision resolves an important issue of first impression that affects all businesses and professionals extending credit in Maryland as “an ancillary function” of their operations. Nagle & Zaller, P.C. v. Delegall, 480 Md. 274 (2022). Read more here. Obtained summary judgment in the trial court and a decision by the Maryland Court of Special Appeals affirming the judgment, holding that a former client suing his attorneys for malpractice must prove that the attorneys proximately caused the alleged loss via the trial within the trial, even if the attorneys engaged in so-called bright line malpractice or allegedly guaranteed recovery of a sum certain. Saunders v. Markey, No. 24-C-19-003511 (Md. Ct. Spec. App. Nov. 3, 2021). Rick’s oral argument in the Court of Special Appeals can be heard here (October 4, 2021). As co-counsel with the ACLU of Maryland, represented on a pro bono basis incarcerated people sentenced to life imprisonment as juveniles, achieving in March 2021 a settlement that mandates substantial reforms to the parole process in Maryland. Read more here. Obtained a precedential Ninth Circuit decision vacating a remand order notwithstanding the statutory bar on appellate review on the ground that the district court’s sua sponte decision that it lacked jurisdiction was not “colorable.” Academy of Country Music v. Cont’l Cas. Co., 991 F.3d 1059 (9th Cir. 2021). Following a five-day evidentiary hearing in November 2019, obtained an arbitration award determining that a major corporation was not entitled to any coverage under a directors’ and officers’ liability policy issued by Wiley’s client. Obtained a decision by the Connecticut Supreme Court (on certified question from the Second Circuit) that the statute of repose barred a claim against an insurance adjuster. The decision is an important precedent for professionals and other defendants regarding the continuing course of conduct and related wrongful act doctrines. Essex Ins. Co. v. William Kramer & Assocs., LLC, 205 A.3d 534 (Conn. 2019). Rick’s oral argument can be heard here (October 16, 2018). Represented insurer on appeal to the Delaware Supreme Court from a $14 million judgment in a case involving whether a comprehensive general liability policy provided coverage for hundreds of asbestos claims, obtaining a decision reversing and directing that judgment be entered for the insurer. Travelers Indemnity Co. v. CNH Industrial America, LLC, 2018 WL 3434562 (Del. July 16, 2018). Rick’s oral argument can be viewed here (May 9, 2018). Acted as lead counsel for Professor Alan Dershowitz in a highly-publicized defamation case in state court in Florida, which was resolved in April 2016 with the parties issuing a Joint Statement in which the opposing parties withdrew the allegations against Professor Dershowitz. In a 2016 jury trial, obtained a verdict of “NO!” in response to the question whether the insurer had unreasonably delayed thereby waiving its right to rescind an accountant's professional liability policy. Before trial, obtained published opinions granting partial summary judgment for the insurer on several important issues of New York law regarding rescission. Cont’l Cas. Co. v. Marshall Granger & Co., 921 F. Supp. 2d 111 (S.D.N.Y. 2013), 6 F. Supp. 3d 380 (S.D.N.Y. 2014). The Second Circuit affirmed the judgment for the insurer. Cont’l Cas. Co. v. Marshall Granger & Co., No. 16-2384, 2017 WL 2416902 (2d Cir. June 5, 2017). As counsel retained for proceedings in the North Carolina Supreme Court in a case important to the accounting profession, obtained a grant of discretionary review and then reversal of an intermediate appellate court decision holding that an auditor may owe a fiduciary duty to the audit client as a matter of law. CommScope Credit Union v. Butler & Burke, LLP, 790 S.E.2d 657 (N.C. Sept. 23, 2016). Acted as trial counsel for a District of Columbia lawyer in a closely watched legal malpractice case brought by a Nobel Prize laureate, obtaining a defense jury verdict following a nine-day trial (2011). Retained as appellate counsel following a large jury verdict against a law firm in Ohio. On appeal, the Ohio Supreme Court reversed and directed entry of judgment for the law firm in an opinion that is now an important precedent regarding the proximate cause element of legal malpractice claims. Environmental Network Corp. v. Goodman Weiss Miller, LLP, 893 N.E.2d 173 (Ohio 2008). Rick’s oral argument can be heard here (April 22, 2008).