Cases
CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT: Administradora, et al. v. DuPont (Florida, Miami-Dade County Circuit Court )
Represented DuPont in three-week Miami jury trial of product liability claims involving the Benlate fungicide. Plaintiff, the largest of 23 Costa Rican citrus producers who brought the action, sought $42 million damages
$20 million in prejudgment interest, costs
fees. The jury found plaintiff 60% contributorily negligent
awarded substantially reduced damages, resulting in an award of a small fraction of plaintiff's claim. The trial outcome resulted in a settlement of all 23 actions on terms favorable to DuPont.
Schindler Elevator v. Otis Elevator (S.D.N.Y.
Federal Circuit )
Counsel for Otis in patent infringement lawsuit concerning elevator controls. Deposed plaintiff's damages expert,
drafted
argued a motion to exclude the expert's damages theory. After an adverse jury verdict on liability, the trial court granted the damages motion, resulting in an award of no damages to the plaintiff. Served as lead counsel on appeal before the Federal Circuit, which reversed the jury verdict
ordered judgment in favor of Otis.
Super Helechos, et al. v. DuPont (Florida, Miami-Dade County Circuit Court )
Represented DuPont in ten-week mass jury trial in Miami state court of product liability claims involving Benlate fungicide. Plaintiffs, 27 Costa Rican farms, claimed $396 million damages. Trial court entered directed verdicts for DuPont on all claims of most of the largest plaintiffs (constituting 60% of plaintiffs' total claimed damages)
jury awarded other plaintiffs a small fraction of amounts sought.
On appeal, the Florida court of appeals (1) affirmed directed verdicts for DuPont on claims of the largest plaintiffs,
(2) reversed all jury verdicts for other plaintiffs due to numerous trial court errors. DuPont Wins Benlate Appeal. DuPont subsequently resolved the entire action for a nominal amount.
Perrine v. DuPont (West Virginia, Circuit Court of Harrison County
West Virginia Supreme Court)
Retained shortly before trial to represent DuPont in class-action jury trial of toxic-tort claims. Class of 8,500 alleged community contamination by zinc smelter emissions over a century. Verdict for plaintiffs after a seven-week jury trial.
Represented company on appeal to West Virginia Supreme Court, which ordered re-trial on statute of limitations defense
substantially reduced potential damages. Case settled favorably before re-trial.
Confidential Arbitration
Lead trial counsel for defendant in a confidential damages-only arbitration stemming from a product-liability settlement.
Nicor Gas v. Home Towne Electric (Illinois, Lake County Circuit Court)
Lead trial counsel representing Plaintiff, Nicor Gas, seeking to recover damages to Nicor's underground gas line. First chaired two-day jury trial, which resulted in a verdict for Nicor
an award of 100% of the claimed damages.
OTHER REPRESENTATIVE CASES: Countrywide Home Loans, Inc.
BAC Home Loans Servicing, LP v. Mortgage Guaranty Insurance Corporation (N.D. Cal.
Ninth Circuit
AAA Arbitration)
Represented MGIC in a dispute with Countrywide over mortgage insurance coverage. Countrywide, which alleged over $1 billion in damages, initially filed a declaratory judgment action against MGIC in California state court. MGIC removed the case to federal court
sought a stay pending arbitration, but the district court rem
ed the case to state court without reaching the merits of MGIC's stay motion. Served as lead counsel on appeal before the Ninth Circuit, which reversed
ruled (on an issue of first impression) that the district court lacked the discretion to rem
without considering MGIC's motion. The district court ultimately granted MGIC's motion to stay,
the dispute proceeded in arbitration
later settled favorably.
Mortgage Guarantee Insurance Corp. v. Lehman Brothers, Inc. ( S.D.N.Y. Bankruptcy Court)
Represented MGIC in connection with a claim against Lehman Brothers, Inc. for fraud
breaches of representations
warranties related to mortgage loans insured by MGIC
included in certain mortgage-backed securities. The bankruptcy trustee sought to disallow MGIC's claim altogether. Following briefing on the issue
mediation, the trustee
MGIC reached a settlement that granted MGIC a $33 million unsecured claim against the Lehman Brothers Inc. bankruptcy estate.
Adams et al. v. Trinity Industries, Inc. et al. (Missouri, Circuit Court for the City of St. Louis)
Defending Trinity against several plaintiff's claims, joined in one action, alleging personal injuries from Trinity's ET-Plus guardrail end terminal system. Case pending.
Confidential AAA Arbitration
Lead counsel for defendant in a confidential AAA commercial arbitration where plaintiffs seek in excess of $75 million in damages. Case pending.
Swift Transportation Co. v. Ernst & Young (Arizona, Maricopa County Superior Court)
Represented Ernst & Young in accounting malpractice action arising from merger between Swift Transportation Company
a competitor. Case settled on the eve of trial.
Swidler v. Georgia-Pacific Gypsum LLC (M.D. Fla.)
Represented Georgia-Pacific in putative class action alleging that building products manufactured by Georgia-Pacific caused damage in consumers' homes.
In re Teflon Product Liability Litigation (S.D. Iowa)
Counsel for DuPont in more than 20 alleged intrastate class actions brought on behalf of consumers who purchased Teflon-coated cookware. The cases were consolidated for pretrial proceedings pursuant to an order of the panel on multidistrict litigation. The cases were dismissed after the district court denied class certification.
