Cases
Experience: Toxic Tort
Mass Tort Litigation: Avila, et al. v. CNH North America, LLC, et al. Lead counsel for Fiat S.p.A., CNH North America, LLC
other subsidiaries of CNH Global, N.V. in a mass action toxic tort lawsuit alleging claims for wrongful death, personal injury,
property damage caused by exposure to industrial solvents contaminating the groundwater in Gr
Isl
, Nebraska.
Baker v. Motorola . Co-trial counsel for Motorola in a five-month jury trial. Plaintiffs in this class action groundwater contamination case claimed over $250 million compensatory
$1 billion punitive damages on behalf of 24,000 residential
commercial property owners. Obtained defense verdict for Motorola.
Lofgren, et al. v. Motorola, Inc., et al. Co-trial counsel for Motorola in a three-week evidentiary Frye hearing on the admissibility of plaintiffs' medical causation evidence in this 75-plaintiff toxic tort case. Plaintiffs' medical causation expert testimony was precluded
Motorola won summary judgment.
McIntire, et al. v. Motorola. Counsel for Motorola in this 400-person mass action toxic tort case alleging claims for wrongful death, personal injury,
property damage arising from groundwater contamination from Motorola's 52nd Street semiconductor facility in Phoenix, Arizona.
Camelhead Equities v. Motorola. Won summary judgment against a real estate developer who claimed that groundwater contamination had diminished the value of commercial property.
Bentley v. Honeywell International
Siemens Energy & Automation Inc. Lead counsel for Siemens Energy & Automation in a putative class action lawsuit claiming that TCE from Siemens' facility in Urbana, Ohio, contaminated the groundwater
the drinking water.
Astuto v. Verizon Communications Inc. Counsel for Verizon in a putative class action claiming that radiation
solvents from a facility in Hicksville, New York, had diminished the value of surrounding properties.
Cook, et al. v. Rockwell International Corporation
The Dow Chemical Company . Counsel for defendants in medical monitoring
property damage actions arising out of plutonium contamination near Rocky Flats Nuclear Weapons Plant.
RICO, Fraud
Breach of Fiduciary Duty: Monterey Bay Military Housing, LLC, et al. v. Pinnacle Monterey, LLC, et al. Lead counsel for defendants American Management Services LLC
American Management Services California Inc. in defense of claims that defendants breached their fiduciary duties, committed fraud,
violated RICO in connection with property management activities at two privatized military housing projects in California.
Fort Benning Family Communities, LLC, et al. v. American Management Services East, LLC, et al . Lead counsel for defendants American Management Services LLC
American Management Services East LLC in defense of claims that defendants breached their fiduciary duties, committed fraud,
violated Georgia RICO in connection with property management activities at privatized military housing projects in Georgia
Virginia.
Residential Funding Corporation v. World Wide Financial Services, LLC . Counsel for plaintiff Residential Funding Corporation in a lawsuit alleging that mortgage loans sold to RFC did not meet the underwriting requirements of the parties' contacts.
Brouwer v. Rochwarger, et al . Counsel for Raffensperger Hughes, as a qualified independent underwriter, in a class action RICO suit claiming that Raffensperger conspired with other defendants to conceal the financial condition of Firstmark Corporation, defrauding plaintiffs.
Kos v. Health Care Service Corporation . Trial counsel for Blue Cross/Blue Shield of Illinois on claims it wrongfully terminated a data processing manager for fraud.
First Options of Chicago, Inc. v. Harry C. Polinitza & Co., Inc. Co-trial counsel for First Options of Chicago seeking to recover losses caused by fraudulent option trading activities during Black Monday stock market crash.
Securities Litigation: Baron, et al. v. Chrans . Trial counsel for plaintiffs in a securities fraud lawsuit seeking to recover money lost in an investment in an Argentine airline. Won jury verdict for plaintiffs.
NBC Universal v. Paxson Communications Corporation . Counsel for Paxson Communications in a declaratory judgment action brought by NBC Universal seeking adverse interpretation of Paxson's Certificate of Designation for its Series B Convertible Exchangeable Preferred Stock
the corresponding Investment Agreement.
Harden, et al. v. Raffensperger, Hughes & Co., Inc. Counsel for Raffensperger Hughes & Co. in a lawsuit asserting liability under Section 11 of the Securities Act of 1933.
In re DBA Systems Securities Litigation . Counsel for an independent director of DBA Systems, Inc. in a class action securities fraud lawsuit.
FCRA, TILA, FDCPA, ECOA, Consumer Fraud
Unfair Trade Practices Litigation: Heritage Bank of Schaumburg v. Ameritech Mobile Corp. Won summary judgment for Ameritech in a class action lawsuit alleging that its' billing practices violated the Illinois Consumer Fraud Act.
Parker v. Colgate-Palmolive Co. Lead counsel for Colgate in a putative class action lawsuit for violation of the Connecticut Unfair Trade Practices Act.
Ortiz, et al. v. GMAC. Won summary judgment for GMAC
Motors Insurance Company in this consumer fraud class action relating to force-placed single interest insurance.
Morris v. Gillespie Chevrolet, et al . Counsel for automotive finance company in this single-plaintiff Illinois Consumer Fraud Act claim.
Winters v. GMAC. Counsel for GMAC in a class action Consumer Fraud Act claim alleging that GMAC's use of the 365/360 method for computing interest on wholesale floorplan financing violated the Illinois Consumer Fraud Act.
Aikens v. Northwestern Dodge et al. Counsel for an automotive finance company in a single-plaintiff ECOA
FCRA claim.
Hern
ez v. GMAC
Costa v. Mauro Chevrolet et al.
Densmore v. GMAC
Shaw v. Trans Union et al. Counsel for GMAC in various single-plaintiff claims for violation of the Fair Credit Reporting Act.
Commercial Litigation: Concession Services, Inc. v. Fast Food Restaurant. Lead counsel in a boundary dispute between adjoining l
owners for trespass
injunctive relief. Won summary judgment for a national fast food restaurant.
Spectrum Holding Co. v. Moses H. Cone Memorial Hospital Operating Corporation. Lead counsel for the buyer in a post-acquisition dispute seeking a purchase price adjustment
indemnification for breaches of representations
warranties in the purchase agreement.
AHM Holding v. RGB, Inc. Counsel for the buyer in a post-acquisition dispute seeking indemnification for breaches of representations
warranties in the purchase agreement.
Wilkinson Industries v. Taylor's Industrial Services. Lead counsel in an action to recover breach of contract damages
delay damages arising from the purchase of a cast-line plastic sheet extrusion system.
In re Radnor Holdings Corp. Represented the Official Committee of Unsecured Creditors in an action for equitable subordination
recharacterization of the senior secured lender's claims.
Fast Food Restaurant v. Jamesway Restaurants. Counsel for a franchisor in a claim for rescission
termination of franchise
license agreements.
Gibson Guitar Corp. v. Deutsche Wurlitzer Gmbh. Lead counsel in a dispute over the use of the Wurlitzer Trademark.
Product Liability: Friction Products Asbestos Litigation . Counsel for automobile manufacturers in connection with an effort to remove asbestos claims against the auto manufacturers from various state courts
adjudicate all such claims in the bankruptcy proceedings of Federal-Mogul Corp.
Hart v. Colgate-Palmolive Company
Colgate Oral Pharmaceuticals . Trial counsel for defendants in three-week jury trial. Plaintiff claimed personal injuries from her use of Colgate tooth whitener.
Denver International Airport Baggage H
ling System Litigation . Counsel for an airline in a lawsuit against the designer of Denver International Airport's automated baggage h
ling system.
Class Action Discrimination Litigation: Coleman v. General Motors Acceptance Corporation . Counsel for GMAC in a nationwide class action alleging that GMAC's purchase of retail installment contracts from independent automobile dealerships violated the Equal Credit Opportunity Act.
Equal Employment Opportunity Commission
Allison Schieffelin v. Morgan Stanley . Counsel for Morgan Stanley in a class action EEOC lawsuit alleging a pattern or practice of discrimination against women in compensation
promotion.
Miscellaneous: Fields v. General Motors Corp. Won summary judgment against a former Cadillac dealer who claimed that GM had promised him a new Cadillac dealership in exchange for voluntarily relinquishing his prior Cadillac dealership.
Holl
et al. v. Valhi, et al . Co-trial counsel in a two-week bench trial brought by retirees who claimed that spin-off termination of a pension plan violated ERISA.
Imperial Casualty & Indemnity Co., v. Simcoe & Erie, et al . Co-trial counsel in reinsurance arbitration seeking to enforce reinsurance obligations against three Bermuda reinsurers.
FDIC v. Morley . Won summary judgment of foreclosure for the FDIC against a developer of a failed condominium development,
later won summary judgment of deficiency claim against same developer.
