David C. Frederick

Private practice · D.C. · Attorney, Assistant to the Solicitor General · argued OT 2010–2025

32arguments since OT 2010

11–21record (side argued for), 34%

37Justice remarks faced per argument (open period; all advocates 47)

68%of those remarks read as doubt by Jev (all advocates 63%)

Arguments by term

Side wonSide lostPending / unclear

Arguments

Term	Case	Side	Role	Result	Remarks faced	Doubt (Jev)
OT 2025	Daniel Rutherford v. United States (Together With Johnnie Markel Carter V. United States, No. 24-860)	Petitioner	Attorney	Lost	35	57%
OT 2024	Nuclear Regulatory Commission v. Texas	Respondent	Attorney	Lost	52	72%
OT 2023	Macquarie Infrastructure Corp. v. Moab Partners, L.P.	Amicus (for respondent)	Assistant to the Solicitor General	Lost	35	57%
OT 2023	Truck Insurance Exchange v. Kaiser Gypsum Company	Respondent	Attorney	Lost	30	76%
OT 2021	Ledure v. Union Pacific Railroad Company	Petitioner	Attorney	Lost	38	–
OT 2021	Hughes v. Northwestern University	Petitioner	Attorney	Won	51	59%
OT 2021	Mississippi v. Tennessee	Respondent	Attorney	Won	30	44%
OT 2018	Parker Drilling Management Services, Ltd. v. Newton	Respondent	Attorney	Lost	48	65%
OT 2018	The Dutra Group v. Batterton	Respondent	Attorney	Lost	34	49%
OT 2018	Merck Sharp & Dohme Corp. v. Albrecht	Respondent	Attorney	Lost	61	61%
OT 2018	Apple Inc. v. Pepper	Respondent	Attorney	Won	43	59%
OT 2018	BNSF Railway Company v. Loos	Respondent	Attorney	Lost	26	70%
OT 2017	China Agritech, Inc. v. Resh	Respondent	Attorney	Lost	29	83%
OT 2017	Janus v. American Federation of State, County, and Municipal Employees, Council 31	Respondent	Attorney	Lost	28	66%
OT 2015	Universal Health Services, Inc. v. Escobar, Julio et al.	Respondent	Attorney	Lost	19	55%
OT 2015	RJR Nabisco Inc. v. European Community	Respondent	Attorney	Lost	29	70%
OT 2015	Friedrichs v. California Teachers Association	Respondent	Attorney	Won	29	–
OT 2015	Tyson Foods, Inc., v. Bouaphakeo	Respondent	Attorney	Won	38	72%
OT 2014	Jesinoski v. Countrywide Home Loans, Inc.	Petitioner	Attorney	Won	27	48%
OT 2014	Tibble v. Edison International	Petitioner	Attorney	Won	30	53%
OT 2013	American Broadcasting Cos. v. Aereo, Inc.	Respondent	Attorney	Lost	33	88%
OT 2012	Mutual Pharmaceutical Company, Inc. v. Karen L. Bartlett	Respondent	Attorney	Lost	40	76%
OT 2012	Fane Lozman v. the City of Riviera Beach, Florida	Respondent	Attorney	Lost	45	91%
OT 2012	The Standard Fire Insurance Company v. Greg Knowles	Respondent	Attorney	Lost	36	89%
OT 2012	Amgen Inc. et al. v. Connecticut Retirement Plans and Trust Funds	Respondent	Attorney	Won	25	65%
OT 2011	Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased et al. v. Railroad Friction Products Corporation et al.	Petitioner	Attorney	Lost	35	81%
OT 2011	Pacific Operators Offshore, LLP et al. v. Luisa L. Valladolid et al.	Respondent	Attorney	Won	37	63%
OT 2010	CSX Transportation, Inc. v. Robert Mcbride	Respondent	Attorney	Won	48	74%
OT 2010	Janus Capital Group, Inc. et al. v. First Derivative Traders	Respondent	Attorney	Lost	56	90%
OT 2010	Russel Bruesewitz et al. v. Wyeth LLC, Fka Wyeth, Inc., Fka Wyeth Laboratories et al.	Petitioner	Attorney	Lost	49	65%
OT 2010	Astra USA, Inc. et al. v. Santa Clara County, California	Respondent	Attorney	Lost	35	86%
OT 2010	Matrixx Initiatives, Inc. et al. v. James Siracusano et al.	Respondent	Attorney	Won	30	61%

Names, roles and sides from each transcript's list of appearances; results from the Supreme Court Database (did the side argued for win). Remarks faced: Justice turns of five words or more right after this advocate spoke, open period only. Doubt: TypeSafe's Jev reading of those remarks (an experiment, available where our research run covered the case).