James Barta’s practice focuses on appellate litigation as well as motions practice and issue analysis at the trial level. He has briefed matters in the United States Supreme Court, federal courts of appeals, federal district courts, and state courts on a wide range of topics, including administrative, constitutional, patent, energy, criminal, and corporate law.
Before joining MoloLamken, Mr. Barta served as a law clerk to the Honorable Raymond M. Kethledge of the United States Court of Appeals for the Sixth Circuit and to the Honorable Stephen J. Murphy III of the United States District Court for the Eastern District of Michigan. He also has taught at Georgetown University Law Center.
- Ziglar v. Abbasi, 137 S. Ct. 1843 (2017) – Whether a Bivens claim is available against prison officials for actions taken in connection with the confinement of foreign nationals detained in a terrorism investigation
- Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 138 S. Ct. 1365 (2018) (amicus brief) – Whether inter partes review—an administrative process for revoking issued patents—violates the U.S. Constitution by extinguishing private property rights through a non-Article III forum without a jury
- Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923 (2016) (amicus brief) – Whether a rigid two-step test supplies the proper standard for enhanced damages for patent infringement
- Hughes v. Talen Energy Mktg., LLC, 136 S. Ct. 1288 (2016) (amicus brief) – Whether the Federal Power Act preempts state energy initiatives to encourage new generation
- Va. Elec. & Power Co. v. Sierra Club, No. 17-1895 (4th Cir.) – Whether stored coal ash is a “point source” subject to the Clean Water Act’s permit requirement
- United Parcel Serv., Inc. v. Postal Regulatory Comm’n, ___ F.3d ___ (D.C. Cir. 2018) – Whether the U.S. Postal Service properly allocates costs caused by competitive products, like parcel delivery, to those products
- Gilead Scis., Inc. v. Merck & Co., Inc., 888 F.3d 1231 (Fed. Cir. 2018) – Whether the district court erred by invoking “unclean hands” to nullify a $200 million jury verdict for patent infringement
- NRG Power Mktg., LLC v. FERC, 862 F.3d 108 (D.C. Cir. 2017) – Whether the Federal Energy Regulatory Commission validly adopted rules to govern capacity markets in PJM Interconnection, LLC
- Thales Visionix, Inc. v. United States, 850 F.3d 1343 (Fed. Cir. 2017) (amicus brief) – Whether a patent for an inertial motion tracking system was directed to patent-eligible subject matter
- Control New Miss, LLC v. Timpone, No. 2016-CH-07155 (Ill. Cir. Ct.) – Whether the plaintiff adequately pleaded a claim against corporate directors and a shareholder for breach of fiduciary duty