Robert S. Peck

President

Robert S. Peck, founder and president of CCL, is among the most sought-after appellate litigators within the plaintiffs’ bar. He is credited with having developed groundbreaking constitutional challenges to laws impeding access to courts. He regularly appears before the U.S. Supreme Court and state supreme courts, litigating cases on the merits as well as at the petition stage. Bob’s diverse practice includes state and federal constitutional law, complex civil litigation, federal preemption, punitive damages, products liability, mass torts, consumer protection, Section 1983, and ERISA and Medicare/Medicaid reimbursement. He has previously litigated election law and First Amendment issues.

Bob has taught advanced constitutional law and state constitutional law at The George Washington University Law School and American University Washington College of Law as a member of the adjunct faculty. He is chair of the Board of Overseers of the RAND Corporation’s Institute for Civil Justice; co-chair of the Lawyers Committee of the National Center for State Courts; secretary and member of the executive committee of the Board of Directors of Justice at Stake; a member of the steering committee of the Sedona Conference’s working group on mass torts and punitive damages; and a delegate in the American Bar Association’s House of Delegates. Bob is a past president of the U.S. Supreme Court Fellows Alumni Association and the Freedom to Read Foundation, and a past national chair of Lawyers for Libraries.

 

Select Representations

Estate of McCall v. United States --- So.3d ---, 2014 WL 959180 (Fla. Mar. 13, 2014) (represented plaintiffs in a case in which the Florida Supreme Court struck down cap on non-economic damages that applied to claims for wrongful death caused by medical negligence as a violation of equal protection under the Florida Constitution)

Philip Morris USA. v. Williams, 129 S. Ct. 1436 (2009) (lead counsel for plaintiff in case concerning propriety of state-law ground for decision on remand from U.S. Supreme Court)

Philip Morris USA v. Williams, 549 U.S. 346 (2007) (lead counsel for plaintiff in case concerning constitutional standard for federal excessiveness review of punitive damages awards)

Jinks v. Richland County, 538 U.S. 456 (2003) (successful petition, merits briefing and argument on constitutionality of supplemental jurisdiction statute’s tolling provision)

Bradley v. Sebelius, 621 F.3d 1330 (11th Cir. 2010) (as lead appellate counsel, successfully represented plaintiffs in case concerning whether the federal government, like its beneficiary, is entitled to only a proportionate recovery under the Medicare Secondary Payer Act, 42 U.S.C. § 1395y(b), when a beneficiary compromises a tort or other claim and recovers a reduced amount)

In Re: Petition to Amend Rules Regulating The Florida Bar Rule 4-1.5(f)(4)(B), 939 So.2d 1032 (Fla. 2006) (represented the Academy of Florida Trial Lawyers before the Florida Supreme Court in opposing a petition to change the rules of professional conduct so that waivers of limitations on contingency fees would be unethical; court ruled waivers permissible)

State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999) (lead appellate counsel in precedent-setting case concerning constitutionality of omnibus tort “reform” law).

 

Select Publications

Articles

For Trailblazers, When the U.S. Constitution is Not Enough, 45 New Engl. L. Rev. 855 (2011).

A Separation-of-Powers Defense of the “Presumption Against Preemption,” 84 Tulane L. Rev. 1185 (2010).

New Supreme Court Justices and the “Freshman Effect,” 4 Charleston L. Rev. 149 (2009).

Violating the Inviolate: Caps on Damages and the Right to Trial by Jury, 31 U. Dayton L. Rev. 307 (2006).

The Development of the Law of Joint and Several Liability, 55 FDCC Q. 465 (2005).

Tort Reform’s Threat to an Independent Judiciary, 33 Rutgers L.J. 835 (2003).

Books

Libraries, Cyberspace and the First Amendment (ALA Editions 2000); The Bill of Rights and the Politics of Interpretation (West Publishing 1992); We the People: The Constitution in American Life (Harry Abrams 1987).

Television

Executive producer and senior scriptwriter for the award-winning 1987 PBS series, We the People.

 

Awards & Honors

Bob is an AV Preeminent Peer Review Rated attorney (Martindale-Hubbell). An October 2010 survey of the defense bar and corporate counsel named Bob one of the top 75 plaintiffs’ lawyers in the country in terms of expertise and effectiveness; he was the only purely appellate lawyer on the list. Bob has received the New Jersey Association for Justice’s Gold Medal award (2009); the Trial Lawyers of Metropolitan Washington; D.C.’s Champion of Justice Award (2008); the Academy of Florida Trial Lawyers’ S. Victor Tipton Award (2002); the American Bar Association’s Pursuit of Justice Award (2001); Trial Lawyers for Public Justice’s Public Justice Achievement Award (2001); the 1988 White House Citation for Public-Private Partnerships; and the U.S. Information Agency’s Award for Outstanding Service (1987).

 

Office

,  
phone
fax


(202) 944-2803(tel)

Contact

(202) 944-2803
robert.peck@cclfirm.com

Education

B.A. George Washington University
J.D. Cleveland-Marshall School of Law and New York University College of Law
L.L.M. Yale Law School

 

Bar Memberships

District of Columbia
New York
Supreme Court of the United States
U.S. Court of Appeal, Second Circuit
U.S. Court of Appeal, Seventh Circuit
U.S. Court of Appeal, Ninth Circuit
U.S. Court of Appeal, Eleventh Circuit
U.S. District Court, N.D. Florida
U.S. District Court, E.D. New York
U.S. District Court, S.D. New York