Katherine Linda Nichols

Practice Details

• Languages
  German
• Firm Information
  Position

  Attorney

  Firm Name

  Duane Morris LLP
• Representative Cases & Transactions
  Cases

  Representative Matters: Obtained dismissal with prejudice on behalf of a spine implant manufacturer of a class action complaint in the U.S. District Court for the Central District of California in a case involving the company's alleged sale of bone graft materials used in spinal surgery while an FDA application was pending but had not been approved. Obtained on behalf of Global Excel Management, Inc. in a matter of first impression in the United States District Court for the Northern District of California a dismissal with prejudice of a cause of action brought by a hospital on the basis that no private right of action existed for reimbursement under California Health & Safety Code section 1371.4 for emergency medical services. Assisted in obtaining summary judgment on behalf of insurers that required their insured to reimburse a $2.25 million settlement payment that the insurers had advanced to settle an underlying age-discrimination claim. American Casualty Co. of Reading, Pa. et al. v. International Creative Management, Inc. et al. (U.S. District Court for the Central District of Calif., Sept. 10, 2010). Assisted in obtaining a writ of m
  ate on behalf of an insurer in the California Court of Appeal vacating a trial court's order staying the insurer's action for declaratory relief. Great American Insurance Co. v. Los Angeles Superior Court, 178 Cal. App. 4th 221 (2009). Assisted in obtaining a writ of m
  ate on behalf of unsuccessful bidder that overturned a prior award of contract by the City of Los Angeles. The Wackenhut Corporation v. City of Los Angeles, et al., (Los Angeles Superior Court, Sept. 4, 2008). Represented insurance industry clients in asbestos bankruptcy actions, including In re Pittsburgh Corning, In re Federal-Mogul Global, In re ASARCO
  In re Thorpe Insulation. Served as second-chair counsel for insurance industry clients in several arbitration hearings. Prepared motion for summary judgment in ERISA litigation involving a multimillion-dollar dispute regarding a 501(c) plan that led to prompt settlement.