Commercial litigator Edward Meyers is one of President Trump’s nominees to the U.S. Court of Federal Claims, a court undergoing a significant amount of turnover in the last few years.

Background

Edward Hulvey Meyers was born in Washington D.C. in 1972.  Meyers received a B.A. from Vanderbilt University in 1995 and a J.D. from Catholic University Columbus School of Law in 2005, after spending the intervening years as an engineer.^[1]  After law school, Meyers clerked for Judge Loren Smith on the U.S. Court of Federal Claims before joining the D.C. office of Kirkland & Ellis as an associate.^[2]  In 2012, Meyers joined Stein Mitchell Beato & Missner LLP as a Partner, where he currently practices.

History of the Seat

Meyers has been nominated for a seat on the U.S. Court of Federal Claims (CFC), an Article I court that hears monetary claims against the federal government.  Judges to the CFC are appointed for 15-year terms, and can be reappointed.  The seat Meyers was nominated for opened up on January 8, 2016, with Judge Lawrence Block’s move to senior status.  On January 23, 2018, President Trump nominated Federal Trade Commission member Maureen Ohlhausen to fill the vacancy.  While Ohhlausen’s nomination passed through the Senate Judiciary Committee on a party line vote, she did not receive a vote before the end of the 115th Congress.  In December 2018, Ohlhausen withdrew her nomination.^[3]

In March 2019, Meyers was contacted by the White House to gauge his interest in an appointment to the CFC.^[4]  Meyers was nominated in October 2019.

Legal Activity

Meyers has spent his career at the firms of Kirkland & Ellis and Stein Mitchell Beato & Missner LLP.  At both firms, Meyers worked primarily in commercial litigation, generally representing corporations and other commercial entities in contract, securities, and other similar claims.  Over the course of his career, Meyers tried one jury trial and two bench trials.^[5]  Notably, Meyers served as an attorney for a class of plaintiffs who filed suit against CVS Pharmacy, Inc. alleging the misrepresentation of generic drug pricing when submitting claims to insurance providers.^[6]

In a more politically sensitive matter, Meyers represented Wisconsin entities targeted in “John Doe” investigations.^[7]  The investigations targeted conservative entities who were alleged to have coordinated with Gov. Scott Walker in violation of state law.^[8]  The investigations were eventually ended by the conservative majority of the Wisconsin Supreme Court, who held that state law did not regulate issue advocacy.^[9] 

Overall Assessment

In comparison to many of Trump’s other nominees to the CFC, Meyers has extensive experience with the issues that come before the specialized court.  As such, while Meyers may face questions regarding his representation in the John Doe cases, he is unlikely to face much opposition en route to confirmation.

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