Jeffery Tomasevich practices in the area of complex commercial and administrative litigation at the trial and appellate levels. He is experienced in representing major financial institutions in litigation against the United States and private entities, national airports in counseling matters and in litigation against the U.S. Department of Transportation and airlines, and a variety of other clients in contract, energy, and securities matters.
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Currently litigating breach of contract and intellectual property claims on behalf of a foreign defense contractor in an arbitration against a U.S. defense contractor. Following a two-week arbitration trial (before two English barristers and a U.S. lawyer), the panel entered a 118-page decision in favor of our client. A second hearing on damages and intellectual property issues is scheduled to take place in 2010.
- Currently defending the City of Los Angeles, the operator of the Los Angeles International Airport (“LAX”), against challenges brought by air carriers and foreign air carriers to new fees charged for their use of passenger terminal space at LAX. Mr. Tomasevich was second chair at the month-long administrative trial. The Secretary of the U.S. Department of Transportation ultimately validated the majority of the challenged fees. On appeal, the U.S. Court of Appeals for the District of Columbia Circuit affirmed some aspects of the Secretary’s Final Decision while remanding others for further proceedings.
- Successfully represented a foreign defense contractor in an arbitration brought by a U.S. defense contractor seeking to extend the terms of an expired settlement agreement. After a one-week hearing, the panel found in our client’s favor.
- Represented the City of Los Angeles in a bankruptcy adversary proceeding, arguing that Los Angeles has the authority to regulate airfield operations at LAX, including the types of planes that use each gate.
- Defended the Student Loan Marketing Association (“Sallie Mae”) in a class action brought in the District of Columbia Superior Court challenging Sallie Mae’s imposition of late fees and capitalization of interest charges during periods of deferment. The Kaye Scholer team successfully moved to dismiss the plaintiffs’ complaint before the trial court. On appeal, Kaye Scholer again was successful — the District of Columbia Court of Appeals affirmed, but gave plaintiffs permission to file an amended complaint to allege fraud and/or misrepresentation. The Kaye Scholer team successfully moved to dismiss plaintiffs’ amended complaint, and once again represented Sallie Mae on appeal.
- Successfully represented the Port Authority of New York & New Jersey in challenging a proposed rule by the FAA to auction “slots” at the three New York/New Jersey metropolitan airports.
- Represented the Port Authority of New York & New Jersey against a challenge brought by twelve foreign air carriers and one U.S. air carrier to increased terminal rents at Newark Liberty International Airport in a one-week administrative trial at the U.S. Department of Transportation which validated the majority of the challenged fees. Mr. Tomasevich argued the appeal before the DC Circuit, and while the court upheld most aspects of the favorable decision below, it reversed on two issues the Port Authority raised. Significantly, in a case of first impression, the court adopted the Port Authority’s argument that foreign air carriers are not permitted to challenge airport fees pursuant to 49 U.S.C. §47129.
- Prosecuted claims brought by Washington Mutual Bank in Home Savings of America, FSB and H.F. Ahmanson & Co. v. United States. After a three-week trial, the U.S. Court of Federal Claims awarded breach of contract damages of $134 million — every penny of our client’s trial demand. The U.S. Court of Appeals for the Federal Circuit unanimously affirmed that decision. In remand proceedings before the U.S. Court of Federal Claims, the court awarded an additional $16 million to our clients.
Prior to entering private practice, from 1988 to 1989, Mr. Tomasevich was a law clerk to the Honorable Jane R. Roth, United States District Judge for the District of Delaware (now, Senior Judge, U.S. Court of Appeals for the Third Circuit). From 1995 to 1997, he served as an Assistant Attorney General and then as Counsel to the President for the Republic of Palau, an island nation in the Western Pacific.