Leahey, Phineas E.

Current Employment Position(s)

Associate

Lawyer Overview

Phineas Leahey focuses on appellate litigation and complex civil litigation. He has worked on dozens of motions and appeals in state and federal courts on a wide variety of subject matters such as securities law, RICO, accounting malpractice, consumer protection, class certification, and personal jurisdiction.

In his pro bono practice, Phineas has briefed and argued several cases, including a successful appeal to the U.S. Court of Appeals for the Second Circuit in 2007, Seidemann v. Bowen, in which the panel ruled, as a matter of first impression in the Second Circuit, that the First Amendment prohibits public sector unions from requiring nonmember employees to annually renew their objections to political and ideological expenditures unrelated to implementation or ratification of their collective bargaining agreements.

Phineas is an adjunct professor of legal writing and advocacy at the Benjamin N. Cardozo School of Law.

Areas of Practice

• Issues & Appeals

Representative Cases

• Brooklyn College students file complaint for injunctive and declaratory relief against viewpoint discrimination , (2009)
• Chevron and other corporations defend against RICO action alleging misuse of U.N. Oil-for-Food Programme , (2009)
• Experian prevails in 11th Circuit appeal in one of first applications of Safeco to a Fair Credit Reporting Act case , (2009)
• Monster obtains pre-action discovery to advance civil claim
• Petrocom obtains reversal of maritime attachment order , (2009)
• Second Circuit rules for CUNY geology professor in First Amendment appeal against his public sector union , (2009)
• Standard Insurance appeals judgment on ERISA preemption claims to 9th Circuit
• Standard Insurance files amicus curiae brief in 6th Circuit in support of appeal from judgment on ERISA preemption claims
• Zimmer defends against putative class action alleging price inflation for orthopedic knee and hip implants

West Practice Categories

Bankruptcy Litigation, Class Actions, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• New York

Education

• Columbia University - New York
• SU New York Hlt S C Brooklyn

Published Works

• Timeliness of Motion for Attorney Fees in the Federal Courts of Appeal: The Benefits of a Uniform Rule, Appellate Practice Journal, 2009
• Locke v. Karass: Should the Court Overrule Lehnert's Test Determining Whether Union Expenditures Are Related to Collective Bargaining?, Journal of the Federalist Society for Law and Public Policy Studies, Vol. 9, Iss. 2, 2008

Address

222 East 41st Street
New York, NY 10017-6702

Phones

1.212.326.7876 (Business Phone)

Faxes

1.212.755.7306 (Business Fax)

Emails

Contact Us

Websites

http://www.jonesday.com