Brad Hubbard is a litigation associate in the Dallas office of Gibson, Dunn & Crutcher. He is a member of the firm’s Appellate and Constitutional Law practice group.
Mr. Hubbard has represented clients in a wide range of appellate proceedings before the U.S. Supreme Court, the Supreme Court of Texas, and numerous U.S. and Texas Courts of Appeals, in matters involving issues of constitutional law, criminal law, antitrust, class actions, fraud, the False Claims Act, and RICO.
Recent Representative Matters:
- Obtained reversal of $663 million judgment—the largest in the history of the False Claims Act—on behalf of a major Texas manufacturer. U.S. ex rel. Harman v. Trinity Industries, Inc., No. 15-41172 (5th Cir.).
- Persuaded a unanimous Supreme Court to reverse the dismissal of Ms. Sause’s pro se complaint, which alleged that two police officers violated her First and Fourth Amendment rights by forcing her to stop praying in her own home—Ms. Sause’s petition for certiorari garnered amicus support from not only the State of Texas but also group of former federal prosecutors. Sause v. Bauer, No. 17-742 (U.S.).
- Presented oral argument before the U.S. Court of Appeals for the Tenth Circuit in an appeal defending Ms. Sause’s right to freely exercise her religion in her home free from unjustified government interference. Sause v. Bauer, No. 16-3231 (10th Cir.).
- Overturned a $7.25 million verdict by persuading a unanimous Supreme Court of Texas that the verdict violated the statute of frauds.Hill v. Shamoun & Norman, LLP, No. 16-0107 (Tex.)
- Secured reversal of $6.1 million tortious-interference verdict on behalf of leading cementitious powder manufacturer. Stelluti Kerr, LLC v. MAPEI Corp., No. 16-10430 (5th Cir.).
- Defeated $11 million jury verdict in a Texas Free Enterprise and Antitrust Act suit on extraterritoriality and Noerr–Pennington grounds. Profinity, LLC v. One Technologies, L.P., No. 05-14-00403-cv (Tex. App.—Dallas).
- Successfully challenged Texas statute requiring in-state residency in order to obtain a permit to sell alcoholic beverages under the Commerce and Privileges and Immunities Clauses. Cooper v. Texas Alcoholic Beverage Commission, No. 14-51343 (5th Cir.)
- Secured dismissal with prejudice for a marketing and multimedia rights holder for collegiate teams and sports venues in a class action brought by former NCAA Division I student-athletes alleging state-law right of publicity, Sherman Act, and Lanham Act claims; successfully defended the dismissal on appeal. Marshall v. ESPN, No. 15-5753 (6th Cir.), No. 3:14-cv-01945 (M.D. Tenn.).
- Prevailed on high school cheerleaders’ First Amendment free-speech claim against their school district, which included persuading the Texas Supreme Court to revive their claims after the court of appeals had ruled them moot. Matthews v. Kountze Independent School District, No. 14-0453 (Tex.), No. 09-13-00251-cv (Tex. App.—Beaumont).
- Successfully defended district court order’s holding a criminal-defense attorney in contempt for violating an order forbidding the attorney from making an adverse-inference argument. In re Leonard, No. 16-1297 (7th Cir.).
- Served as counsel to an ideologically diverse coalition of constitutional law experts—including Floyd Abrams, Alan Dershowitz, Michael W. McConnell, Michael Mukasey, Ken Starr, and Eugene Volokh—as amici curiae supporting the dismissal of the criminal indictment against Governor Rick Perry. Ex parte Perry, No. PD-1067-15 (Tex. Crim. App.).
- Prepared numerous amicus briefs in the U.S. Supreme Court, including a brief on behalf of organizations representing the interests of state and local governments in United Student Aid Funds, Inc. v. Bible, No. 15-861 (U.S.); a brief on behalf of several victims’ rights organizations in Arizona v. Martinez, No. 16-1489 (U.S.); and a brief on behalf of the National Association of Criminal Defense Lawyers, the National Association of Federal Defenders, Families Against Mandatory Minimums, and the Cato Institute in Johnson v. United States, No. 13-7120 (U.S.).
Mr. Hubbard graduated with Honors from the University of Chicago Law School in 2013, where he served as Managing Editor of The University of Chicago Law Review. He was a Kirkland & Ellis Scholar and a member of the Order of the Coif. While at the Law School, he received the John M. Olin Fellowship in Law and Economics and the Chicago Bar Association Federal Tax Section’s Award for Academic Achievement in Taxation. Mr. Hubbard received his Master of Accountancy and a Bachelor of Science in Accountancy, summa cum laude, from the University of Missouri, where he was a four-year letter winner and served as captain of the men’s swim team.
Prior to joining the firm, Mr. Hubbard served as a law clerk to the Honorable James C. Ho of the U.S. Court of Appeals for the Fifth Circuit and the Honorable Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.
Mr. Hubbard is a member of the Texas bar. He is also admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeals for the Third, Fifth, Sixth, Seventh, and Tenth Circuits, and the U.S. District Courts for the Northern, Eastern, and Western Districts of Texas.
- Bradley George Hubbard, Deference to Agency Statutory Interpretations First Advanced in Litigation? The Chevron Two-Step and the Skidmore Shuffle, 80 U. CHI. L. REV. 447 (2013) (cited in E.I. Du Pont Nemours & Co. v. Smiley, 138 S. Ct. 2563 (2018) (Gorsuch, J., joined by Roberts, C.J., and Thomas, J., respecting the denial of certiorari)).