Representative Matters
Product Liability
In re Heparin Products Liability Litigation, MDL 1953: Trial counsel for pharmaceutical manufacturer in Daubert proceedings involving anticoagulant drug. Summary judgment and Daubert motions granted in favor of defendant manufacturer on several categories of claims.
Calisi v. Abbott Laboratories: Represented pharmaceutical company in litigation alleging product caused lymphoma. Summary judgment granted in favor of defendant manufacturer along with companion Daubert motion seeking exclusion of opinions of plaintiffs' warnings expert.
Ezra v. Dow Corning Corp.: Represented breast implant manufacturer on appeal in successful defense of summary judgment and Daubert rulings excluding plaintiffs' expert evidence as unreliable.
Kelly v. Boehringer Ingelheim Pharmaceuticals, Inc.: Represented pharmaceutical manufacturer in case alleging diabetes medicine caused pancreatic cancer. Case voluntarily dismissed after motion filed.
In re Meridia Products Liability Litigation, MDL 1481: National counsel in successful defense of product liability litigation involving anti-obesity medication. Summary judgment granted on all claims.
United States v. Philip Morris USA: National counsel to defendant holding company in RICO action brought by Department of Justice seeking billions of dollars from various tobacco manufacturers. Successfully negotiated voluntary dismissal of client from the litigation.
State Attorney General Tobacco Cost Recovery Litigation: Represented tobacco company in cases brought by state governments seeking health care cost recovery. Cases settled and/or client dismissed from the litigation.
American Automobile Insurance Co. v. Omegaflex, Inc.: Defended manufacturer in action alleging that its corrugated stainless-steel tubing was defective and caused house fire. Court granted partial summary judgment and partially excluded plaintiff's expert testimony. Case subsequently tried to defense verdict.
Falise v. American Tobacco Co.: Represented tobacco manufacturer in case brought by asbestos trust seeking cost recovery. Case resulted in mistrial and was subsequently dismissed.
Environmental and Toxic Tort
Gold King Mine Release, MDL 2824: Supervised defense of the United States in cases brought by states, the Navajo Nation, and private individuals resulting from environmental contamination allegedly caused by EPA-led contractors, including settlement with the State of Nevada.
In re Flint Water Litigation: Supervised defense of litigation against the United States alleging EPA failed to adequately regulate water supplied to the City of Flint, Michigan, resulting in unacceptable levels of lead exposure.
West Virginia State University v. The Dow Chemical Co.: Represented chemical manufacturer defending property damage claims alleging groundwater contamination.
Henry v. The Dow Chemical Co.: Represented chemical manufacturer defending property damage claims relating to release of dioxin from manufacturing facility. Court granted summary disposition in client's favor on all claims, ending the litigation.
Hanford Nuclear Weapons Plant Litigation: Represented contractors involved in building and operating nuclear weapons facilities in successful defense of actions alleging exposure to nuclear waste materials and other toxic substances. Claims tried to mixed verdicts.
Oak Ridge Nuclear Weapons Plant Litigation: Represented defendant contractors in litigation regarding alleged injuries due to waste materials from nuclear weapons facility. Summary judgment granted in favor of defendant.
Eagle U.S. 2 LLC v. Abraham: Represented chemical manufacturer in cases alleging personal injuries as a result of alleged exposure to fumes from chemical release at a manufacturing facility.
Bankruptcy and Restructuring
In re Bestwall LLC and In re DBMP LLC: Filed statements of interest on behalf of the United States in multiple asbestos bankruptcy proceedings urging transparency and supporting broad discovery of claimants and asbestos trusts in order to reliably estimate debtors' asbestos liabilities.
In re City of Detroit: Trial counsel to Syncora Holdings Ltd. and certain of its subsidiaries in connection with the City of Detroit's Chapter 9 case, the largest-ever municipal bankruptcy filing. Syncora, through subsidiaries, insured or held a substantial amount of the City of Detroit's municipal finance debt obligations. After more than a year of vigorous litigation regarding multiple elements of Detroit's bankruptcy filing and proposed plan of adjustment, Syncora and Detroit entered into an innovative settlement that resolved all outstanding issues between the parties, delivered substantial value to Syncora and its subsidiaries, and created the foundation for Syncora's long-term partnership with and real-estate development and other investment in Detroit.
In re Dow Corning Corp.: Appellate counsel for breast implant manufacturer in appeals defending various rulings regarding payments made under manufacturer's Chapter 11 plan of reorganization.
In re W.R. Grace & Co.: Represented manufacturer facing nationwide asbestos-related liability inside Chapter 11, resulting in successful reorganization. Continued to represent manufacturer in post-confirmation appeal brought by claimants challenging denial of certification of class of asbestos property damage claimants. Claimants' appeal dismissed.
In re Babcock & Wilcox Co.: Represented boiler manufacturer in Chapter 11 reorganization involving asbestos claims, resulting in successful reorganization.
In re Federal-Mogul Global, Inc.: Represented automobile manufacturers seeking to transfer asbestos-related claims to Federal-Mogul Chapter 11 proceedings.
In re UAL Corp.: Trial counsel in Chapter 11 proceedings on behalf of debtor airline. Successfully reduced creditor's claim by approximately $700 million.
Commercial
Bridgestone Americas, Inc. v. IBM: Represented IBM in case alleging breach of contract governing an SAP implementation project. Case settled.
IBM v. Indiana: Trial counsel for IBM in contract dispute with the State of Indiana. After a six-week bench trial, the court rejected all claims the State brought against IBM, including the State's claim for more than $1.3 billion in damages, and awarded IBM approximately $62 million in termination payments and prejudgment interest.
MSA Diligent Enforcement Dispute: National counsel in litigation brought by tobacco company against state governments regarding more than $1 billion in payments under the Master Settlement Agreement. Successfully obtained rulings compelling arbitration of dispute in trial courts in over 40 states and successfully defended rulings on appeal.
Rohm & Haas v. Dow Chemical Co.: Represented Dow in lawsuit filed in Delaware Chancery court alleging that Dow breached merger agreement to acquire Rohm and Haas for $15 billion in cash plus other consideration. Case settled.
State of Texas v. American Tobacco: Trial and appellate counsel defending tobacco company in dispute over settlement agreement brought by the State of Texas seeking to block pending merger. Case decided by trial court in favor of defendant after evidentiary hearing. Decision affirmed on appeal.
Vibo Corp. v. Conway: Represented tobacco manufacturer defending antitrust and constitutional challenge to the Master Settlement Agreement. Case dismissed.
Texas Exploration and Production, Inc. v. Amclyde Engineered Products Co.: Represented defendant contractor in lawsuit seeking compensation for oil drilling equipment lost in maritime accident. Case dismissed.
In re Conseco Life Insurance Cost of Insurance Litigation, MDL 1610: Represented insurance company in multidistrict class action litigation brought by policyholders regarding increase in insurance premiums. Case settled.
Citgo Petroleum Corp. et al. v. McDermott International, Inc. et al.: Represented corporation in appeal regarding contractual indemnification in Illinois Court of Appeals.
Laborers' International Union Local No. 44 v. Ameritech Corp.: Represented telephone company in consumer fraud class action brought in Illinois state court regarding alleged overbilling.
Class Action
Rodriquez v. ByteDance Inc. et al. Represent consumers in data privacy litigation against companies providing online video editor.
Ziboukh v. Whaleco et al. Represent consumers in data privacy litigation against online retailer.
Securities and ERISA
Selbst v. McDonald's Corp.: Represented corporation defending lawsuit alleging various violations of the securities laws. Case dismissed.
Pender v. Bank of America Corp.: Represented accounting firm defending claims that cash balance pension plan violated Employee Retirement Income Security Act. Motion to dismiss granted on all claims.
SEC v. Morgan Stanley & Co.: Represented investment bank in dispute with regulators regarding alleged research analyst conflicts of interest. Settlement reached.
Intellectual Property
C&F Packing Co., Inc. v. Pizza Hut, Inc.: Represented company in litigation brought by former supplier alleging misappropriation of trade secrets. Case settled.
Constitutional And Other Litigation
Gatlinburg Fire Litigation: Supervised defense of the United States in litigation arising out of a wildfire in the Great Smoky Mountains National Park that spread beyond the park's boundary, killing 14 people, injuring more than 160 others, and damaging or destroying thousands of buildings in Gatlinburg and surrounding Sevier County, Tennessee.
Chicago Pension Litigation: Represented City of Chicago in defense of litigation challenging the constitutionality of pension reform legislation.
Prisoner Commutation Litigation: Represented Governor of Illinois in successful defense of action brought by the Illinois Attorney General seeking to void commutation orders issued by former Illinois Governor George Ryan. Commutations affirmed by the Illinois Supreme Court.
Cuno v. DaimlerChrysler Corp. et al.: Filed amicus brief in the Supreme Court of the United States on behalf of organization supporting the constitutionality of Ohio business tax credit.
City of Norwood v. Horney et al.: Filed amicus brief in the Ohio Supreme Court on behalf of organization challenging city's use of its eminent domain power.
American Trucking Associations, Inc., et al. v. Michigan Public Service Commission, et al.: Filed amicus brief in the Supreme Court of the United States challenging regulation that imposed fee on vehicles conducting intrastate operations as a violation of the Commerce Clause.
In re African-American Slave Descendants' Litigation, MDL 1491: Represented client defending class action claims for slavery reparations. Summary judgment granted in favor of client.
DAG Petroleum Suppliers LLC v. BP p.l.c. and BP Products North America Inc.: Represented corporation defending lawsuit alleging racial discrimination in sale of gasoline service stations. Summary judgment granted on all claims.
Pro Bono
Pro bono criminal and civil appeals: Represented multiple criminal defendants and civil plaintiffs on a pro bono basis in appeals before the Sixth, Seventh, Ninth, and Eleventh Circuits and in proceedings on remand.
Merkos L'Inyonei Chinuch, Inc. v. Otsar Sifrei Lubavitch, Inc.: Represented client in copyright dispute involving religious texts. Case settled.