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 products liability, constitutional law (e.g., Commerce Clause, First Amendment and federal preemption), multidistrict litigation, arbitration and administrative law. Paul represents an equally 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 is co-chair of the firm’s Religious Institutions Practice.
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. A number of his cases before the Supreme Court have involved the Federal Arbitration Act. Paul’s cases on the merits before the Supreme Court include:
- Moda Health Plan, Inc. v. United States, No. 18-1028 (amicus curiae)
- Air & Liquid Systems Corp. v. DeVries, 139 S. Ct. 986 (2019) (party)
- The American Legion v. American Humanist Ass’n, 139 S. Ct. 951 (2019) (amici curiae)
- Kingdomware Technologies, Inc. v. United States, 136 S. Ct. 1969 (2016) (amici curiae)
- Oxford Health Plans v. Sutter, 133 S. Ct. 2064 (June 10, 2013) (amicus curiae)
- KPMG LLP v. Cocchi, 132 S. Ct. 23 (2011) (party)
- Stolt-Nielsen S.A. v. Animal Feeds Int’l Inc., 130 S. Ct. 1758 (2010) (amicus curiae)
- Vaden v. Discover Bank, 129 S. Ct. 1262 (2009) (party)
- Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003) (party)
- Abdu’Rahman v. Bell, 537 U.S. 88 (2002) (amici curiae)
- Alabama v. Shelton, 535 U.S. 654 (2002) (amici curiae)
- NCTA v. Gulf Power, 534 U.S. 327 (2002) (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)
- California Public Employees’ Retirement System v. Felzen, 525 U.S. 315 (1999) (amicus curiae)
Paul also has briefed and/or argued appeals and dispositive motions before both federal and state appellate and trial courts. His recent cases include:
- In re Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Prods. Liab. Litig. (Aitcheson v. Smith & Nephew, Inc.), No. 19-1079 (4th Cir. Oct. 22, 2019) (affirming dismissal of complaint as untimely under New York law)
- In re Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Prods. Liab. Litig., MDL No. 2775 (D. Md. Oct. 16, 2019) (dismissing 12 cases as untimely under California law)
- In re Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Prods. Liab. Litig., MDL No. 2775 (D. Md. Aug. 14, 2019) (denying in part and granting in part motion to dismiss claims based upon federal preemption)
- WorldCall Interconnect, Inc. v. FCC, 907 F.3d 810 (5th Cir. 2018) (counsel for intervenor)
- Fratello v. Archdiocese of New York, 863 F.3d 190 (2d Cir. 2017) (counsel for amicus curiae)
- United States v. City of New York, 717 F.3d 72 (2d Cir. 2013) (reversing grant of summary judgment on class-action disparate treatment claim brought against the New York City Fire Department) (assisted Corporation Counsel for the City of New York)
- AstraZeneca Pharmaceuticals LP v. Commonwealth of Kentucky, 2012 Ky. App. LEXIS 205 (Ky. Ct. App. 2012) (setting aside adverse jury verdict and award of civil penalties exceeding $20 million in a pharmaceutical price reporting case brought by the Commonwealth; Kentucky Court of Appeals ordered entry of judgment for AstraZeneca) (Commonwealth’s petition for review is pending)
- Tang v. Synutra International, Inc., 656 F.3d 242 (4th Cir. 2011), affirming Tang v. Synutra Int’l, Inc., No. DKC 09-0088, 2010 WL 1375373 (D. Md. Mar. 29, 2010) (dismissal of products liability action by Chinese plaintiffs 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)
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. He has handled all legal aspects of trial litigation, including removal to federal court, discovery motions, class certification, challenges to expert testimony, motions in limine, summary judgment, and post-trial motions.
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.