Frank A. Luchak

Practice Details

• Firm Information
  Position

  Of Counsel

  Firm Name

  Duane Morris LLP
• Representative Cases & Transactions
  Cases

  Representative Matters: Represented pharmaceutical company as a plaintiff in a major antitrust class action against U.S. manufacturers
  a Japanese manufacturer of a key ingredient of all drugs in pill or capsule form, who conspired to fix the price of the ingredient over a 10-year period
  obtain monopoly profits. The case settled on terms the client found very favorable after defendants' motions for summary judgment had been defeated.
  Trial counsel to a large Asian office products company sued by its independent U.S. distributor for breaches of contract, warranty
  fraud arising out of ten-year relationship. The trial involved complex issues concerning obsoleting technologies,
  expert testimony thereon.
  Represented a hospital network in which we sued a national HMO provider for specific performance
  breach of contact based upon a memor
  um of underst
  ing with the national HMO to sell its local HMO, the parties' subsequent course of conduct in performance of its terms
  the network's detrimental reliance thereon. The national HMO breached the agreement
  sold the HMO to Blue Cross/Blue Shield instead. Obtained a case settlement that recompensed the network for all damages, attorneys fees, consultant fees
  costs, as well as other reliance damages. The case involved novel contract formation issues
  substantial e-discovery in which smoking gun documents were obtained
  compelled settlement.
  Counsel in a major breach of contract jury trial in New Jersey Superior court representing a client in a bet the company lawsuit brought by a major defense contractor arising out of its acquisition of a client's subsidiary
  its contract to manufacture military lasers for the U.S. army's main battle tank. The case involved complex issues of government contract law
  was tried under Texas law, as required by the 70-page Purchase
  Sale Agreement, which was the governing contract. The client's potential exposure was $100 million, including punitive damages. After a more than 10-week trial the jury awarded $2 million on a small portion of the total claim, a very favorable outcome.
  Represented a major foreign consumer electronics corporation sued under anti-trust
  anti-dumping laws to successful conclusion before United States Supreme Court.
  Represented numerous insurance agents
  brokers primarily in health, disability
  life fields before state
  federal courts
  state insurance departments.
  Successfully obtained full contractual indemnification
  reimbursement of attorney's fees of an engineer from a general contractor in a suit involving an injured worker who subsequently settled for over $4 million.
  Represented a state water authority as lead counsel on claims against the general contractor, engineer, surety
  others on a major reservoir project arising out of the catastrophic failure of a release pipeline. The representation achieved a multimillion-dollar recovery for the client. This vigorously-asserted case involved complex legal issues
  highly technical engineering concepts
  resulted in two published opinions favorable to the client. The technical experts worked with were world leaders in their respective fields.
  Represented a large law firm in defending a claim of malpractice allegedly arising out of the failure of the law firm to provide, in a licensing agreement it drafted, for the retention of the rights to assigned patent in the event of bankruptcy of the licensee. The case was settled on terms favorable to the law firm.
  Lead trial counsel for the estate
  heirs of a young woman in a nationally-reported case against a municipality to recover wrongful death
  survival action damages arising from the drowning of the mother in the course of saving her son's life in flooding conditions at an unprotected drilling site due to municipality's palpably unreasonable failure to protect the public from the hazard. The jury awarded substantial damages after a two-week trial.