Daniel W. Wolff

Administrative Procedure Act / Constitutional Law / Appellate Litigation

• Dan is a veteran federal district court litigator against the United States. He has brought numerous actions on behalf of clients against Cabinet-level departments or their sub-agencies challenging agency actions and seeking injunctive and declaratory relief under the Administrative Procedure Act (APA) or U.S. Constitution.
• Over the last several years, Dan has secured victories on summary judgment for clients in multiple U.S. District Courts in cases arising under the APA, other federal statutes, or the Constitution.

• Dan has presented oral argument in more than a dozen cases before the U.S. Courts of Appeals for the D.C., Fourth, Seventh, Eighth, Tenth, Eleventh, and Federal Circuits. He has co-authored merits briefs in two cases before by the U.S. Supreme Court, both decided in favor of Crowell’s clients, as well as briefs filed in other federal circuit courts of appeals. He has also argued appellate matters in the state/local courts of the District of Columbia and Maryland.

• As part of his litigation practice, Dan represents clients as intervenors or amici in third-party APA litigation filed by or against federal agencies.
• Dan advises clients on rights and litigation strategies arising under the Freedom of Information Act (FOIA) and litigates FOIA cases in the federal district courts.

 

Civil Litigation and Trials

• Dan litigates commercial and other civil cases on both the plaintiff and defense sides. He has represented clients in matters arising under breach of contract, fraud, products liability, and civil RICO.
• In 2022, Dan was part of a federal district court trial team that successfully defended a client that had been sued under federal statutory and state common law tort theories. Dan successfully argued the motion for summary judgment, knocking out the common law claims on federal preemption grounds. Following a week-long trial, the jury returned a verdict for Crowell’s client on the federal statutory claim.
• Dan has appeared in multiple state-court venues in cases arising under breach of contract and tort theories.

 

Compliance Counseling and Enforcement Defense

• In addition to his litigation practice, Dan counsels clients on compliance with workplace safety and health standards promulgated by the Department of Labor’s Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA). He also defends industry clients against citations and penalties issued by those agencies before administrative tribunals.