Cases
OTHER REPRESENTATIVE CASES: Metropolitan Mortgage & Securities Litigation (E.D. Wash.)
Represented Ernst & Young in federal securities class action suit
related arbitrations surrounding the collapse
bankruptcy of Metropolitan Mortgage & Securities Co., a $2 billion investment, real estate
insurance conglomerate. Plaintiffs alleged accountants' negligence relating to audit work. Won back-to-back complete defense verdicts in separate trials involving claims brought by Metropolitan's insurance subsidiary
the bankrupt estate. Class action case settled favorably shortly before trial.
Confidential AAA Arbitration
Trial counsel for Big Four accounting firm in AAA arbitration against former executives of Fortune 100 company. Claimants allege that our client's tax shelter advice led to hundreds of millions of dollars in damages.
Bayer PPA Litigation
Represented Bayer in nationwide mass tort litigation involving cold medicines containing the decongestant phenylpropanolamine (PPA). Plaintiffs sued Bayer claiming its PPA-containing medications caused consumers to suffer strokes. In two Bartlit Beck jury trials, Bayer has secured complete defense verdicts.
Treasurer of the State of Connecticut v. Forstmann Little et al. (Conn. Super. Ct.)
Represented Forstmann Little in a lawsuit brought by one of Forstmann Little's limited partners, the State of Connecticut pension funds. Connecticut claimed damages of over $125 million for itself
over $1 billion in derivative claims, alleging violations of the securities laws, breaches of contract,
breaches of fiduciary duties. The suit was the first ever filed by a limited partner against a major private equity firm,
it was closely followed by every major financial publication. After five week jury trial, jury came back with verdict for Forstmann Little.
Crescent Resources Litigation Trust v. Duke Energy Corp. (W.D. Tex.)
Trial counsel for Duke Energy in a $1.2 billion fraudulent conveyance case brought against it by a litigation trust created out of the bankruptcy of Duke's former wholly-owned real estate development subsidiary, Crescent Resources. The case settled on favorable terms after co-counsel at Fulbright successfully obtained a partial summary judgment dismissing the majority of federal fraudulent conveyance claims.
Onyx Pharmaceuticals, Inc. v. Bayer Corporation (N.D. Cal.)
Represented Bayer in breach of contract
breach of fiduciary duty action relating to Bayer's development of new anti-cancer treatments. Onyx alleged it had rights in Bayer's new regorafenib compound under development
that Bayer had improperly blocked
obstructed development of the existing anti-cancer treatment, Nexavar. Case settled favorably for Bayer during trial.
DuPont v. Cardinal Health 200, Inc. (Tenn. Circ. Ct.)
Represented DuPont in litigation against Cardinal in Davidson County, Tennessee. DuPont sued Cardinal for breaching a contract for the purchase of a next-generation nonwoven medical fabric that required DuPont build a new $100 million factory. The case settled on the eve of trial on terms favorable for DuPont.
QT, Inc v. Mayo Clinic (N.D. Ill.)
Represented Mayo Clinic in product disparagement action brought in the Northern District of Illinois by seller of Q-Ray Ionized Bracelet. QT claimed that Mayo's clinical study of the Q-Ray bracelet, which found the Q-Ray worked no better than placebo at relieving a wearer's pain, negligently
intentionally disparaged QT's product. Case settled favorably for Mayo.
