News & Publications
Young Paoli Attorney Wins Case Before US Supreme Court
Posted on May 27, 2009WASHINGTON, DC—On Tuesday, May 26th, 2009, Jason E. Murtagh, a 34-year old attorney with Paoli-based Rubin Fortunato & Harbison, P.C., garnered his first United States Supreme Court ruling when the court issued its opinion in Haywood v. Drown, a case involving the question of whether a state can close its courthouse doors to certain types of federal claims because the state believes many of those types of federal claims are frivolous, vexatious, or otherwise contrary to the state’s policy.
The case involved inmate Keith Haywood’s suit against New York State prison employees for alleged violations of his civil rights. New York courts dismissed the complaints, claiming lack of jurisdiction to decide grievances against corrections officers. The Supreme Court’s ruling yesterday means that an individual has the choice of where to file his or her federal claims – either in federal courts or in state courts, where filing fees are lower and the courthouses themselves are often more conveniently located.
Murtagh, named a shareholder at the firm in January of 2009 one month after his argument before the Supreme Court, was pleased with the nationwide significance of the ruling. “The Court’s decision today reaffirms one of the Constitution’s most important provisions – the relative power of the federal government and state governments. The holding makes clear that a state cannot pick and choose which federal claims its courts of general jurisdiction will enforce simply because of a disagreement with Congressional policy. This essentially gives litigants another venue to have their federal claims heard.”
This was the first U.S. Supreme Court argument for Murtagh, who took the case pro bono while working at his previous employer, a large international firm. And, while he enjoys every argument he makes regardless of the court, this one was one of his most exhilarating. “The level of intellectual curiosity the justices expressed regarding not only the details of this case, but the broader doctrinal implications of a decision in either direction, made the argument feel more like a challenging discussion than an argument,” he explained.
During his representation of Mr. Haywood, Murtagh obtained support from two different groups: Prisoners’ Legal Services of New York and the Professors of Constitutional Law and of Federal Jurisdiction, who provided support in filing briefs, a sounding-board for different ideas, and moot-court practices prior to the actual argument. “Between the efforts of Prisoners’ Legal Services, the various law professors, and the firms that assisted with this case, Mr. Haywood was well-served,” said Murtagh.
Jason Murtagh represents clients in all aspects of litigation, including employment law, business law and torts.
Rubin, Fortunato & Harbison P.C. has built a nationally-respected employment law practice based in suburban Philadelphia, PA, representing both corporations and individuals in virtually all areas related to employment law, logging more than 5,000 cases in all 50 states, in courts at every level from trial to appeals.
# # #