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Kim Martin Lewis, Partner, Dinsmore & Shohl, Cincinnati, OH [by Regan Morris] Attorney Kim Martin Lewis recently made an “explosive” appearance in the U.S. Supreme Court. LawCrossing talks with Martin Lewis about the case and her career as one of Ohio’s top bankruptcy attorneys.
Ms. Martin Lewis was midway through
Bernard Katz, the liquidating supervisor of
$9.6 billion in assets and asserted claims in
arguing a case on state sovereignty and
a bankrupt bookstore in Virginia, wants to
excess of $60 billion.
bankruptcy before the U.S. Supreme Court
collect money owed to it by four state schools
on Halloween when Justice Ruth Bader
so that the money can be used to pay the
Martin Lewis, who is from Pennsylvania,
Ginsburg asked her a question. Suddenly a
bookstore’s creditors.
said working on that case as a third-year
“bang” reverberated through the hallowed
associate launched her career.
court, causing Justice Ginsburg to jump from
The U.S. Court of Appeals for the 6th Circuit,
her seat and confusion all around.
based in Cincinnati, ruled in favor of Katz,
“When we came out of that case, I had made
and the schools appealed to the Supreme
significant contacts throughout the country.
Martin Lewis initially thought something had
Court. The Supreme Court has yet to rule on
That was really the start of my professional
exploded or a gun had been shot. She saw a
the case.
career after that case,” she said, adding that
fiery ball fall from the ceiling above Justice
she felt lucky to have so much responsibility
Ginsburg’s head, and there was a minute of
A Cincinnati-based partner with Dinsmore &
so early in her career. “The best thing
chaos in the court. Something had exploded,
Shohl, Martin Lewis said arguing before the
you can do is train yourself on the job, be
but it was only a light bulb.
Supreme Court was a dream come true, but
confident, and love what you do. Because
not something she had actively pursued.
at the end of the day, you’ll be incredibly
“It sounded like an explosion. I can’t really
successful.”
describe the noise, other than it was really
“Lawyers dream about arguing before the
loud and it did sound like a shot,” Martin
Supreme Court, but it wasn’t something that
Martin Lewis became an attorney after
Lewis said. “I realized at about the time that
I went out searching for,” she said. “It was
studying to become a speech pathologist. She
Justice [Stephen] Breyer said the light bulb
just something that happened in one of my
took the LSAT on a whim and did so well that
exploded. I guess I never expected a light
cases. It was a wonderful thing to happen.
she ended up with a full-tuition scholarship
bulb to explode. I don’t know how common it
I’m glad that I did it, and it’s an experience
to Southwestern University School of Law.
is for a light bulb to explode. But I don’t think
that I will never forget.
She graduated in 1987, cum laude.
it’s a common thing.” Martin Lewis’ practice focuses on business
Martin Lewis, who has five children, said
The Justices “made light” of the situation,
reorganization and corporate bankruptcy.
it’s important for attorneys to find what they
with Chief Justice John Roberts cracking
Early in her career, while working as an
love and specialize as soon as possible.
jokes before Martin Lewis continued. It was
associate in Los Angeles, she worked on the
In law school, her favorite classes were in
the Ohio attorney’s first case before the
bankruptcy of Federated Department Stores
secure transactions and bankruptcy. After
Supreme Court.
with attorney Rick Cieri, now with Kirkland
law school, she joined a boutique firm that
& Ellis.
specialized in bankruptcy and commercial
“It happened right dead in the middle of the
transactions.
argument, but I think I kept my cool,” she
The Federated Department Stores, Inc./
said.
Allied Stores Corporation and 65 affiliated
For attorneys preparing for a Supreme Court
corporations—including Bloomingdale’s,
argument, Martin Lewis said preparation and
Martin Lewis’ case, Central Virginia
Inc.; The Bon, Inc.; Burdine’s, Inc.; Jordan
moot courts are the way to go.
Community College v. Katz, questions
Marsh Stores Corporation; Rich’s, Inc.; and
whether federal bankruptcy laws trump
Stern’s, Inc.—was at the time the second-
“I did two moot courts, one before the Public
states’ sovereign immunity.
largest Chapter 11 case in history, involving
Citizens in Washington, DC, and then one I
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LAWCROSSING
THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LAW STAR
www.lawcrossing.com
1. 800.973.1177
did was in Georgetown. You learn a lot from
replacement is confirmed. If Samuel Alito’s
“It was exciting, obviously. It’s not such a
doing those, and you get great feedback,” she
nomination is confirmed and he joins the
terrible prospect to have to go back,” she
said, adding that several of the participants
Court before the Justices have decided on
said. “But the reality is for my client, it’s
were former Supreme Court clerks. “And
Martin Lewis’ case, he will not be permitted
certainly costly to get ready for a Supreme
you get a lot of feedback from people who
to vote on the case. Justices can only vote
Court argument. I wouldn’t want to go
have seen a lot of Supreme Court cases, and
on cases that they personally heard. The
through that entire process again, because it
they say, ‘Hey, I’m not sure you really want to
situation opens the possibility of a tie, which
was a tie vote.”
argue it this way,’ or ‘I’m not sure you want
could mean the attorneys will have to argue
to start out with this argument.’ They were
their cases again.
really very helpful.” Martin Lewis said she hopes she doesn’t Martin Lewis said she hopes the Supreme
have to reargue her case. During her
Court decides on her case sooner, rather
argument, most of her family, four of her five
than later, especially because Justice Sandra
children, and several high school teachers
Day O’Connor intends to retire once her
were there for support.
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