Cases
Representative Matters: Weinstat v. Dentsply International . Ms. Woolf
Rick Barnes led the trial team that successfully defended dental device manufacturer in a three-week class action trial in San Francisco Superior Court. The plaintiffs had challenged the adequacy of warnings for Class II prescription medical device, alleging violations of the California Unfair Competition Law
breach of express warranty. After a full bench trial, the court found in defendant's favor on all counts. The California Court of Appeal affirmed the victory in a published decision
Center City Periodontists, P.C. v. Dentsply International, Inc., --- F.R.D. ----, 2017 WL 3142119 (E.D. Pa. July 24, 2017) Ms. Woolf was part of the Goodell team that, in 2017, successfully defeated a motion for class certification filed against the same dental device manufacturer in a decade-long class action in Pennsylvania federal court. The 36-page memor
um opinion, which followed six days of hearings on the motion to certify, denied class certification on a multitude of bases. The district court judge found that the plaintiffs failed to meet three of the four requirements under Rule 23(a): typicality, adequacy,
numerosity
Rule 23(b)(3)'s requirements that common questions of law or fact predominate over individual questions
that a class action is superior to other available methods for adjudicating the dispute. The court further agreed with Goodell's argument that the proposed class
subclasses were not objectively ascertainable
granted the Daubert motions to exclude the plaintiffs' economic damages
FDA regulatory experts. In 2013, the team had obtained dismissal of claims for negligence
alleged violations of the New Jersey Consumer Fraud Act. That opinion, 2013 WL 3956284, is believed to be the first to hold that the NJCFA does not apply to the sale of prescription medical devices, which are not merch
ise available to the public under the Act.
CATASTROPHIC LOSS LITIGATION: Represented major transportation software engineering company in consolidated lawsuits arising out of Washington Metropolitan Area Transit Authority collision on June 22, 2009 involving nine wrongful death
over 50 personal injury lawsuits.
Represented the thoroughbred racetrack operator in lawsuit to recover catastrophic business interruption loss resulting from electrical transformer fire.
Represented underground utilities contractor in lawsuit involving $26M property damage claim resulting from ruptured waterline.
Represented underground utilities contractor in $18M property damage claim involving the destruction of or damage to 16 residential properties resulting from explosion of underground natural gas line.
Represented underground utilities contractor in wrongful death lawsuit involving the death of two minors who were struck in a parked car by utility contractor's dump truck.
CLASS ACTION AND COMMERCIAL AND BUSINESS TORT LITIGATION: Represents medical device manufacturer in class actions pending in various federal
state courts arising from sale
distribution of Class II medical device.
Represented major pharmaceutical company in federal court action seeking certification of nationwide class under consumer fraud statutes, obtaining order denying class certification.
Represented major pharmaceutical company in litigation arising from the divestiture of a wholly-owned medical device subsidiary.
Represented an international manufacturer in litigation arising from the divestiture of a worldwide battery business.
Represented national food producer in multidistrict litigation seeking certification of nationwide class of consumers involving allegedly false advertising claims.
Has represented national
local corporations at the trial
appellate levels in state
federal courts in matters involving the sale of corporate subsidiaries
businesses, alleged predatory lending practices
consumer fraud, federal
state antitrust violations, claims arising from non-competition agreements
the misappropriation of technology
other contractual disputes.
Represented a surety in protracted litigation with the Resolution Trust Corporation arising from the failure of a savings
loan institution.
Represented the majority shareholders of two thoroughbred racing corporations in derivative lawsuits filed by minority shareholders, successfully retaining control of nationally known racetracks.
Has represented corporate directors
officers, trustees
other fiduciaries in various litigations, including claims for diversion of corporate opportunity, claims under ERISA for alleged breaches of fiduciary duty,
shareholder derivative claims. Defeated proposed class certification in two companion ERISA cases brought by retirees of not-for-profit health insurer seeking enforcement of former welfare benefit plan
damages for breach of fiduciary duty. Has represented a variety of businesses in complex business tort litigation. Defended a defense contractor against claims of defamation
tortious interference with economic relations arising from responses to FRP's.
Represented hospitals, health insurers
managed health care organizations
their officers
directors in various litigation involving billing disputes, alleged breach of physician participation agreements, credentialing disputes
claims of defamation, tortious interference with economic relations
other business torts.
INSURANCE LAW: Has represented insurers in various complex insurance coverage disputes, including: The Humane Society of the United States, et al. v. National Union Fire Insurance Company of Pittsburgh, Pa.
Fund for Animals, Inc. v. National Union Fire Insurance Company, et al. Represented directors
officers insurer in related federal
state court actions for declaratory judgment
breach of contract brought by not-for-profit organizations to recover defense expense
settlement payment incurred in defense of RICO litigation against them. Acted as lead counsel in state
federal court actions. Obtained judgment in favor of directors
officers insurer after the close of evidence in state court trial. Obtained summary judgment in favor of insurer in federal court action.
Industrial Enterprises, Inc. v. Penn America Insurance Company. Represented insurer in declaratory judgment action to determine insurer's liability for expenses incurred by insured in CERCLA enforcement action. Acted as lead counsel throughout case
at trial. Liability of insurer determined as a matter of law prior to trial, which proceeded on damages. Obtained verdict limiting damages claim subject set-off. Liability ruling reversed on appeal.
Savings First Mortgage v. National Union Fire Insurance. Represented directors
officers insurer in coverage litigation arising out of claims against its insured asserted in a class action brought by 2,200 borrowers alleging illegal lending practices. In addition to litigating the coverage issues, negotiated a settlement of the underlying class action within agreed-upon coverage limits. Represented insurer throughout negotiation of Memor
um of Underst
ing, final Settlement Agreement, approval hearings
administration of class settlement. Recovered reverter amount for the benefit of insurer.
Mayor & City Council of Baltimore v. Utica Mutual Ins. Co., et al. Represented primary
umbrella insurers in coverage litigation brought by municipality to recover damages allegedly incurred as a result of asbestos-containing building materials in public buildings. Obtained summary judgment in favor of insurers on basis of products risk exclusion which was affirmed on appeal in a case of first impression in Maryl
.
CSX Transportation, Inc. v. Continental Ins. Co., Inc., 680 A.2d 1082 (Md. 1996). Represented national insurer in major declaratory judgment action concerning coverage for occupational noise-induced hearing loss claims brought by 30,000 former
present railroad workers, member of lead trial team for a group of 19 insurers, obtaining a jury verdict for the insurers which was affirmed by the Court of Appeals of Maryl
.
Nationwide Mutual Insurance Company v. Lafarge Corp., et al. Represented Travelers Indemnity Company in protracted coverage litigation arising from the premature deterioration of concrete railroad cross-ties throughout the northeast corridor, successfully defending claims of statutory
common law bad faith
obtaining a jury verdict which substantially reduced the policyholders' claimed losses.
Has represented international insurance carrier in federal
state court coverage litigation arising from asbestos bodily injury
asbestos property damage claims. Has represented the same insurer in environmental coverage disputes involving alleged contamination of soil
groundwater as a result of petroleum-based compounds leaked from underground storage tanks. Successfully represented various insurers at the trial
appellate level in disputes involving coverage for lead poisoning injuries. Represented numerous insurers in disputes involving first
third-party coverages, intentional acts, personal injury
advertising injury claims.
EMPLOYMENT LITIGATION: Has defended national
local, private
public employers in employment-related claims in federal
state courts
at the administrative level. Has obtained numerous summary judgments in favor of private sector
government employers arising from claimed violations of federal
state employment statutes, including claims under Title VII of the Civil Rights Act for wrongful termination, disparate promotion
training opportunities, disparate disciplinary measures,
retaliation based on race, religion, sex
disability. Has defended claims asserted under the ADA, the FMLA, the Equal Pay Act of 1963, the ADEA, COBRA, the FLSA
state wage
hour laws. Has represented businesses
their officers, directors
management in cases involving claimed breaches of employment contracts
related business torts. Substantial experience in enforcing
challenging enforcement of restrictive covenants in employment agreements. Has negotiated separation
severance agreements on behalf of employers
employees.
ENVIRONMENTAL LITIGATION: Has represented a local government in a series of cases brought by a citizens' group under the federal Clean Water Act
state statutes, alleging violations of the plant's National Pollution Discharge Elimination System Permit
common law claims for nuisance, trespass,
violation of riparian rights arising from its operation of a waste water treatment plant.
Has represented insurers in coverage disputes involving alleged environmental contamination from the escape of pollutants from underground storage tanks, bodily injury allegedly resulting from exposure to second h
tobacco smoke
similar matters.
LOCAL GOVERNMENT AND MUNICIPAL LIABILITY: Substantial experience representing local governments in FLSA
other employment matters, environmental
l
use litigation, challenges to rent control ordinances,
various constitutional claims. Has represented numerous counties, towns
other local governments in governmental liability cases, including claims for wrongful death
injuries arising from negligent design, maintenance or repair of roadways, sidewalks, administration of recreational programs, auto torts
negligent hiring. Has represented private sector parties, including contractors
product manufacturers named as co-defendants with municipalities in cases involving catastrophic property damage.
PRODUCT LIABILITY: Has represented product manufacturers
bulk suppliers in litigation involving injuries alleged to have been caused by unreasonably dangerous products, chemicals
components. Authored successful motions for summary judgment
briefs leading to the adoption of the sophisticated user/bulk suppliers defense in Maryl
. Represents international supplier of medical products
devices in class action litigation asserting claims for violation of industry st
ards
state consumer protection statutes. Substantial experience in the defense of product liability claims, defending manufacturers of construction equipment, abrasive products, high pressure hoses, exterior building panels, construction materials
drug testing kits against claims of negligence, strict liability
breach of warranty.
