Cases
Representative Matters: In 2018, Mr. Barnes
Mr. Kohel prevailed in a product liability case for a Danaher subsidiary. After successfully excluding the plaintiff's expert during a Daubert hearing, the court granted defendant's motion for summary judgment. In May 2018, Mr. Barnes
Ms. Woolf obtained a verdict in the Northern District of Texas awarding their client multi-million dollars in damages in connection with the sale of pharmacy automation equipment. Mr. Barnes along with Ms Woolf
Mr Kohel prevailed in a commercial arbitration tried in Chicago on behalf of Dentsply Sirona in December 2017, successfully enforcing a covenant not to compete against a former consultant. The team also defeated a counterclaim for royalty payments in connection with a proprietary manufacturing process.
In June of 2017, Mr. Barnes
Ms. Woolf obtained a preliminary injunction on behalf of a medical device client that enjoined a consultant
former employer from competing. Also, in June 2017, he, Ms. Woolf,
Mr. Stikeleather successfully defeated plaintiffs' motion for class certification in a decade-long class action pending in the Eastern District of Pennsylvania.
In 2015, Mr. Barnes
Ms. Woolf defeated a multi-million dollar claim for patent royalties based on various endodontic patents
inventions. His client, Dentsply International, was also relieved of its obligation to pay future royalties on several of the disputed patents
inventions. In December of 2013, Mr. Barnes
Ms. Woolf successfully defended Dentsply International in a three-week California UCL class action trial in San Francisco Superior Court. The California Court of Appeals affirmed the win on appeal in January 2018. In 2013, he also successfully litigated a complex state procurement dispute before the Maryl
Board of Contract Appeals on behalf of an institutional pharmacy. Mr. Barnes has also tried to verdict complicated multi-plaintiff product liability, pharmaceutical,
medical device cases. He has briefed or argued cases before the United States Supreme Court
various state
federal appellate courts. He is currently serving as national counsel in two pharmaceutical litigations involving over-the-counter medications.
Representative clients include Pfizer Inc, Wyeth, Telectronics Pacing Systems, Inc., Pacific Dunlop, Ltd., Dentsply Sirona, Danaher Corporation, Hill-Rom, Johnson & Johnson, DePuy Orthopedics, L. Perrigo Company, Nissan Motor Credit Corporation, Lafarge, ARINC, Vermont Talc, A.H. Robins Co., Gruss & Co., Correct Rx Pharmacy,
several local businesses.
Mr. Barnes' significant representations include trials for Pfizer Inc
/or Wyeth relating to the Bjork Shiley Mechanical Heart Valve (1985-1999), Rezulin (2000-2004), the Howmedica Unicompartmental Knee (2001-2004), Diet Drugs (2003-2005),
Neurontin (2007-2011).
Mr. Barnes has represented Pfizer in the hormone therapy litigation in cases in several jurisdictions including Maryl
, Pennsylvania, Minnesota, West Virginia,
Virginia. He also had significant responsibilities for preparing
presenting scientific evidence in the Celebrex, Bextra,
Chantix Litigations. He has briefed
argued several Daubert motions in pharmaceutical cases. Mr. Barnes served as national counsel to Pfizer
its subsidiaries for claims
disputes arising from the manufacture
sale of the Duracon Unicompartmental Knee
over-the-counter pain relievers. In addition, he obtained a temporary restraining order
permanent injunction against the owner of a pornographic web site in Maryl
for the infringement
dilution of Pfizer's Viagra trademark.
Mr. Barnes served on the firm's national counsel team representing Telectronics Pacing Systems, Inc. in connection with thous
s of claims arising out of the alleged failure of pacemaker leads. In this role, he was responsible for defending two national class actions, coordination of the litigation in Canada, Australia,
France,
the presentation of scientific, engineering,
regulatory evidence in various hearings for a class summary jury trial.
Mr. Barnes represents L. Perrigo Company in cases in California, Maryl
, Virginia, Pennsylvania, Indiana, New Jersey,
the District of Columbia involving over-the-counter medications including aspirin (Reyes Syndrome), acetaminophen,
ibuprofen.
Mr. Barnes also represented ARINC, a provider of Advanced Information Management, for a rail control center in the matter of the Fort Totten Metrorail Accident Cases in the United States District Court for the District of Columbia. He was primarily responsible for preparing
presenting technical
scientific evidence pertaining to software design, train tracking algorithms, alarm management,
accident reconstruction.
Reported Cases: Class Action case
Center City Periodontists, P.C. v. Dentsply International, Inc. , --- F.R.D. ----, 2017 WL 3142119 (E.D. Pa. July 24, 2017) Mr. Barnes 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.
United States Supreme Court case
Morrison-Knudsen Constr. Co. v. U.S. Dep't of Labor , 461 U.S. 624 (1983)
Federal Appellate Court cases
Quillin v. C.B. Fleet Holding Co. 328 Fed. Appx. 195 (4th Cir. 2009)
Zinser v. Accufix Research Inst., Inc. , 253 F.3d 1180 (9th Cir. 2001)
273 F.3d 1266 (9th Cir. 2001)
In re Telectronics Pacing Systems, Inc. , 221 F.3d 870 (6th Cir. 2000)
148 F. Supp. 2d 936 (S.D. Ohio 2001)
137 F. Supp. 2d 985 (S.D. Ohio 2001)
137 F. Supp. 2d 1029 (S.D. Ohio 2001)
186 F.R.D. 459 (S.D. Ohio 1999)
172 F.R.D. 271 (S.D. Ohio 1997)
Bullard v. Dalkon Shield Claimants Trust , 74 F.3d 531 (4th Cir. 1996)
845 F. Supp. 328 (D. Md. 1994)
Hagepanos v. Shiley, Inc. , 846 F.2d 71 (4th Cir. 1988)
Bonstingl v. Maryl
Bank, N.A. , 841 F.2d 1122 (4th Cir. 1988)
662 F. Supp. 882 (D. Md. 1987)
Kontoulas v. A.H. Robins Co., Inc. , 745 F.2d 312 (4th Cir. 1984)
Federal District Court cases
Brodsky v. Ka Vo Dental Technologies, LLC
Henry Schein, Inc., (D. Md. 2015)
Brodsky v. KaVo Dental Technologies, LLC , 2018 WL 620453 (D,Md. Jan. 30, 2018)
Center City Periodontists, P.C. v. Dentsply International, Inc. , 321 F.R.D. 193 (E.D. Pa. 2017)
Johnson v. Dentsply Sirona Inc. , 2017 WL 4295420 (N.D. Okla. Sept. 27, 2017)
Dentsply Sirona Inc. v. L I K Supply, Corp. , 2017 WL 4357462 (N.D. N.Y. Sep. 29, 2017)
In re Prempro Products Liability Litigation , 900 F.Supp. 2d 926 (E.D. Ark. 2014)
Dentsply International, Inc. v. Lewis
Roca, LLP , 2013 WL 12246644 (D.N.M. Sep. 19, 2013)
Introsan Dental Products, Inc. v. Dentsply Tulsa Dental, LLC , 2012 WL 3011830 (D.Md. July 20, 2012)
Keffer v. Wyeth , 791 F.Supp. 2d 539 (S.D. W.Va. 2011)
King v. Pfizer Pharmaceutical Co., Inc. , 2011 WL 3157305 (D.Md. July 25, 2011)
Hines v. Wyeth , 2011 WL 2792436 (S.D. W.Va. July 14, 2011)
2011 WL 2680834 (S.D. W.Va. July 8, 2011)
2011 WL 2680814 (S.D. W.Va. July 8, 2011), 2011 WL 2680842 (S.D. W.Va. July 8, 2011)
In re Neurontin Marketing, Sales Practices
Products Liability Litigation , 618 F. Supp. 2d 96 (D. Mass. 2009)
Quillin v. C.B. Fleet Holding Co. , 2007 WL 3103903 (D. Md. Oct. 11, 2008)
Moore v. Wyeth-Ayerst Laboratories , 236 F. Supp. 2d 509 (D. Md. 2002)
Ramada Franchise Systems, Inc. v. Capitol View II Ltd. P'ship Venture , 132 F. Supp. 2d 358 (D.Md. 2001)
L.M.P. Service, Inc. v. Shell Oil Co. , 128 F. Supp. 2d 287 (D. Md. 2000)
116 F. Supp. 2d 645 (D.Md. 2000)
Chertkov v. TPLC, Inc. , 916 F. Supp. 608 (N.D. Tex. 1996)
In re Telectronics Pacing Systems, Accufix Atrial J Lead Litig. , 168 F.R.D. 203 (S.D. Ohio 1996)
164 F.R.D. 222 (S.D. Ohio 1995)
Kemp v. Pfizer Inc , 851 F. Supp. 269 (E.D. Mich. 1994)
152 F.R.D. 556 (E.D. Mich. 1993)
Pfizer Inc v. FDA , 753 F. Supp. 171 (D.Md. 1990)
EKA AB, Conteka B.V. v. Union Carbide Corp. , 699 F. Supp. 77 (D.Md. 1988)
Pottratz v. Davis , 588 F. Supp. 949 (D.Md. 1984)
In re Dalkon Shield Litig. , 599 F. Supp. 1351 (D.Md. 1984)
581 F. Supp. 135 (D.Md. 1983)
State Appellate Court cases
Patricia A. Murray Dental Corp. v. Dentsply International, Inc. , 19 Cal. App. 5th 258 (Cal. Ct. App. 2018)
Volkman v. Hanover Investments, Inc. , 225 Md. App. 602 (2015)
In re: West Virginia Rezulin Litig. , 585 S.E.2d 52 (W. Va. 2003)
Moore v. Nissan Motor Acceptance Corp. , 831 A.2d 12 (Md. 2003)
Sterry v. Bethlehem Steel Corp. , 494 A.2d 748 (Md. App. 1985)
Furr v. Spring Grove State Hosp. , 454 A.2d 414 (Md. App. 1983)
