HYLAND HUNT 

FOUNDING PARTNER

Hyland has been in the business of analyzing complex questions and mitigating uncertainty her entire professional life.  After years as an intelligence officer in the Air Force, Hyland decided that she wanted to shift careers while continuing to work in a problem-solving, analytical field—and appellate litigation proved to be a perfect fit.

Hyland has practiced before the Supreme Court of the United States and federal and state appellate courts throughout the country.  Her practice focuses in particular on administrative law and cases that lie at the intersection of administrative law and other doctrines (e.g., health care and employment law), which often feature a federal agency on the other side of the “v.”

Practice and Background

Hyland has extensive experience in handling complex appeals, including developing strategy and authoring briefs.  She has prepared over 70 appellate briefs at every level, including more than 30 briefs at the merits and certiorari stages in the Supreme Court of the United States, as well as briefs in the federal courts of appeals and state appellate courts.  In addition, Hyland has argued appeals before the Sixth Circuit, the D.C. Circuit, and the New Mexico Court of Appeals.  Beyond her work on merits and amicus briefing and arguments, Hyland has an active practice counseling clients on responding to and addressing changing statutes and regulations, particularly in the health care industry.

Hyland served as a law clerk for Judge Douglas H. Ginsburg, United States Court of Appeals for the D.C. Circuit, and then for Justice John Paul Stevens, Supreme Court of the United States.  Before founding Deutsch Hunt PLLC with Ruthanne, Hyland was an associate and counsel in the Supreme Court and Appellate Practice at Akin Gump Strauss Hauer & Feld LLP, in the firm’s Washington, D.C. and Dallas offices, where she was the recipient of the 2012 Dallas Association of Young Lawyers Pro Bono Service Award.

Hyland received her A.B. magna cum laude in government from Harvard University in 1998.  After college, she served as an intelligence officer in the United States Air Force before studying law at the University of Michigan Law School.  She received her J.D. summa cum laude in 2008 from Michigan, where she was on the editorial board of the Michigan Law Review.  Hyland has also continued her Air Force service as an officer in the Air Force Reserve Judge Advocate General’s Corps.

Selected Matters

Supreme Court

  • Stokeling v. United States, No. 17-5554: As lead counsel, filed an amicus brief on behalf of the National Association of Criminal Defense Lawyers in support of Petitioner, arguing that the Armed Career Criminal Act applies only to violent robberies.

  • Oil States Energy Servs., LLC v. Greene's Energy Group, LLC, 138 S. Ct. 1365 (2018): As lead counsel, filed an amicus brief in support of neither party on behalf of 3M Company, Bristol-Myers Squibb Co., Cargill Incorporated, Johnson & Johnson, Monsanto Company, the Procter & Gamble Company, Raytheon Company, and Shell International, arguing that patents are private rights and the patent system will not be disrupted if inter partes review is held unconstitutional.

  • Jesner v. Arab Bank, PLC, 138 S.Ct. 1386 (2018): As lead counsel, filed an amicus brief on behalf of former U.S. counterterrorism and national security officials, arguing in support of Petitioner that corporate liability under the Alien Tort Statute is essential to effective efforts to combat terrorist financing.

  • King v. Burwell, 135 S. Ct. 2480 (2015): As second chair, drafted an amicus brief supporting respondent on behalf of a group of small business organizations, arguing that the health insurance exchanges have improved job mobility, entrepreneurial opportunity, and small-business competitiveness.

  • Direct Marketing Association v. Brohl, 133 S. Ct. 1124 (2015): As second chair, drafted an amicus brief on behalf of a business association arguing in favor of the ultimately prevailing position that the Tax Injunction Act does not preclude federal court jurisdiction over a suit challenging state regulations requiring businesses to notify consumers of state use-tax obligations and to collect related information.

  • Adoptive Couple v. Baby Girl, 133 S. Ct. 2552 (2013): As second chair, drafted an amicus brief submitted by a coalition of child welfare organizations, arguing that the Indian Child Welfare Act represents the gold standard of child welfare practices.

Federal Courts of Appeals

  • Air Evac EMS, Inc. v. Cheatham, No. 17-2349 (4th. Cir.): As lead counsel, drafted amicus brief on behalf of America's Health Insurance Plans, arguing in support of Appellant West Virginia officials that consumers and health insurance providers are harmed by interpretations of the Airline Deregulation Act that include air ambulances within the Act's preemptive sweep.

  • Allina Health Servs. v. Price, 863 F.3d 937 (D.C. Cir. 2017): Briefing and argument support as co-counsel, arguing on behalf of a group of non-profit hospitals that a Medicare rule was not validly adopted and that the Medicare Act imposes notice-and-comment requirements distinct from the APA.

  • Represented as co-counsel and as part of an appeal team a group of non-profit hospitals in a challenge to a Medicare reimbursement rule that resulted in vacatur of the rule. (D.C. Cir.)

  • Argued an appeal that resulted in a reversal of the trial court decision and a victory for an environmental organization in its challenge against a federal agency, which had failed to implement a strict rule to monitor bycatch (fish that are caught but discarded by fishing operations). (D.C. Cir.)

  • As second chair, briefed a successful appeal defending the employer’s summary judgment victory against claims by the EEOC that its expert and statistical evidence established a prima facie case of disparate impact in connection with an employer’s criminal background screening program. (4th Cir.)

  • As second chair, briefed a successful appeal defeating claims by the EEOC that an employer violated the anti-retaliation provisions of Title VII, the ADEA, and the ADA by requiring a release in exchange for certain post-termination benefits. (3d Cir.)

  • Principal brief drafter for an appeal related to claims that insurance fraud investigators are subject to overtime pay under the Fair Labor Standards Act. (4th Cir.)

  • Assisted with the briefing in an appeal by a large retail company that resulted in reversal of two of three findings of unfair labor practices by the National Labor Relations Board. (2d Cir.)

  • As second chair, briefed a successful appeal by an Indian tribe of a decision related to the tribe’s fishing rights under a treaty with the United States. (9th Cir.)

  • As second chair, briefed an appeal successfully defending a district court judgment of breach of contract related to a construction contract. (4th Cir.)

  • As second chair, briefed a successful appeal by a trade organization in a case that resulted in the invalidation of a state statute as unconstitutional under the dormant commerce clause. (6th Cir.)

State Appellate Courts

  • Chan Healthcare Group, PS v. Liberty Mut. Fire Ins. Co., No. 95416-0 (Wash.): As lead counsel, drafted amicus brief on behalf of the Chamber of Commerce of the United States of America, arguing in support of Respondents that the Full Faith and Credit Clause of the Constitution bars an absent class member from relitigating whether a class representative was adequate when that issue was already adjudicated by a sister-state court when approving the class settlement.

  • Individual Healthcare Specialists, Inc. v. BlueCross BlueShield of Tennessee, Inc. (Tenn.): As lead counsel, drafted amicus brief on behalf of America's Health Insurance Plans, arguing in support of Appellant BlueCross BlueShield of Tennessee that health insurance providers negotiate contractual rights to modify broker and agent commissions because such flexibility is needed to address regulatory change in the health care industry.

  • Argued a successful appeal in the New Mexico Court of Appeals in a contract dispute raising an issue of first impression under state law related to the interpretation of “flow-down” clauses in construction contracts.

Selected Presentations and Publications

Panelist, Webinar, Inter Partes Review After Oil States: Likely Impact and Next Challenges, ABA Section of Intellectual Property Law (2018)

Instructor, CLE, Framing and Arguing Your Case in the Supreme Court: Tips for Certiorari and Oral Arugment, Lawline (2017)

Patricia A. Millett & Hyland Hunt, Crumbling Cornerstones: The Evolution of Preemption Law in the Supreme Court’s 2010 Term, Legal Backgrounder, Washington Legal Foundation (2011)

Douglas J. Ginsburg & Hyland Hunt, The Prosecutor and Post-Conviction Claims of Innocence: DNA and Beyond, 7 Ohio State Journal of Criminal Law 771 (2009).

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T: (202) 868-6838

hhunt@deutschhunt.com

Degrees

  • J.D., University of Michigan School of Law, summa cum laude, 2008

  • A.B., Harvard University, magna cum laude, 1998

Clerkships

  • U.S. Supreme Court (Stevens, J., 2009-2010)

  • Court of Appeals for the D.C. Circuit (Ginsburg, J., 2008-2009)

Bar Memberships:

Admitted to practice in the District of Columbia, Texas and Washington, and before the United States Supreme Court, and the United States Courts of Appeals for the District of Columbia, Federal, Second, Second, Third, Fourth, Fifth, Sixth, Ninth, Tenth, and Eleventh Circuits and for the Armed Forces.