Cases
OTHER REPRESENTATIVE CASES: Bayer Pharma v. Watson & Lupin Ltd. (D. Del.)
Represent Bayer in Hatch-Waxman litigation against challengers seeking to market a generic version of the oral contraceptive Natazia.
Adelphia Communications Corp. v. Deloitte & Touche, LLP (Court of Common Pleas, Philadelphia County, Pennsylvania)
Represented defendant Deloitte & Touche in multi-billion dollar accounting malpractice case brought by Adelphia, with third-party claims against the Rigas family. Case resolved on confidential terms.
Northern Illinois Gas Company v. Commonwealth Edison Company (CPR Arbitration)
Represented Nicor Gas Company in 38 separate cost allocation arbitrations with Commonwealth Edison. Nicor sought to allocate remediation costs for environmental cleanup the parties jointly undertook at former manufactured gas plant sites in Illinois. Parties agreed to final cost allocation
received approval for the allocation from the Illinois Commerce Commission.
Nicor Gas Co. v. J.F. Edwards Construction Co. (Circuit Court, Cook County, Illinois)
Lead trial counsel representing plaintiff, Nicor Gas, seeking to recover damages to Nicor's underground gas line. First chaired two-day jury trial. Victory for Nicor. Jury awarded Nicor damages
court costs,
completely denied defendant's counterclaim.
Nicor Home Services, LLC v. Holzkamp (Circuit Court, Lake County, Illinois)
Lead trial counsel representing plaintiff, Nicor Home Services, seeking to recover damages arising out of a car accident. First chaired two-day jury trial. Total victory for Nicor Home Services. Jury awarded Nicor Home Services 100 percent of its claimed damages, plus court costs.
Kerr-McGee Chemical LLC v. Kemira (London Court of International Arbitration)
Represented Kerr-McGee, alleging breach of contract, in London Court of International Arbitration proceeding.
Nike v. Kasky (U.S. Supreme Court)
Represented ExxonMobil Corp., Bank of America, Microsoft, Monsanto, Morgan Stanley, GlaxoSmithKline,
Pfizer as amici in support of Nike.
Locke, Governor of Washington v. Davey (U.S. Supreme Court)
Represented National School Boards Association, numerous State school boards associations,
others as amici in support of the State of Washington in First Amendment Free Exercise Clause case. Washington prevailed.
MASS-TORT AND PRODUCTS-LIABILITY CASES: ET Plus Litigation
National counsel for Defendants, Trinity Industries
Trinity Highway Products, in litigation alleging personal injuries from Trinity's ET Plus guardrail end terminal system.
YAZ/Yasmin Litigation
National counsel
trial counsel for Bayer in litigation alleging personal injuries caused by the oral contraceptives YAZ
Yasmin. Cases pending in federal
state courts. MDL in Illinois.
Sims v. Bayer (S.D. Ill.): Represented Bayer in the first federal YAZ case set for trial. Case referred to mediation 10 days before trial,
subsequently settled.
Schuchert v. Bayer (S.D. Ill.): Represented Bayer in the first stroke case set for trial in the YAZ/Yasmin federal multi-district litigation.
Reagh v. Bayer (Court of Common Pleas, Philadelphia County, Pennsylvania): Represented Bayer in the second stroke case set for trial in coordinated proceedings pending in state court in Philadelphia.
Las Vegas Hepatitis C Litigation (District Court, Clark County, Nevada)
Lead counsel
trial counsel for Defendants. Provided strategic direction,
coordinated all six trial teams, in litigation encompassing over 40 individual cases, pending before 20 different judges in state court in Las Vegas. Plaintiffs were individuals who claimed to have contracted Hepatitis C during endoscopy procedures performed at clinics that were on Defendants' networks of approved healthcare providers. Defendants were health plans
other entities affiliated with United Healthcare. Bartlit Beck tried one case (Martin v. PacifiCare of Nevada, et al.), resulting in a favorable jury verdict
subsequent settlement of half of the pending cases. Bartlit Beck began trying a second case (Paul v. Health Plan of Nevada, et al.), which settled during trial.
Vioxx Litigation
Represented Merck in litigation alleging personal
economic injuries caused by the anti-inflammatory medication Vioxx.
Plubell v. Merck (Circuit Court, Jackson County, Missouri): Represented Merck as trial counsel in consumer class action brought on behalf of Missouri consumers alleging economic losses relating to purchase of Vioxx. Case settled.
International Union of Operating Engineers Local No. 68 v. Merck (Superior Court, Atlantic County, New Jersey): Represented Merck in class action,
later individual actions, brought by payors of prescription benefits alleging economic losses relating to purchases of Vioxx. Case settled after New Jersey Supreme Court reversed class certification.
Seroquel Litigation
Represented AstraZeneca as one of its trial counsel in mass tort litigation filed by plaintiffs alleging personal injuries caused by the antipsychotic medication Seroquel.
Hopkins v. AstraZeneca (Superior Court, New Castle County, Delaware): Represented AstraZeneca in the first Seroquel case selected by plaintiffs to be tried in state court. Court granted summary judgment for AstraZeneca shortly before trial.
Scaife v. AstraZeneca (Superior Court, New Castle County, Delaware): Represented AstraZeneca in the second Seroquel case selected by plaintiffs to be tried in Delaware state court. Court granted summary judgment for AstraZeneca.
Jones v. AstraZeneca (Superior Court, New Castle County, Delaware): Represented AstraZeneca in this Seroquel case to be tried in Delaware state court. Court granted summary judgment for AstraZeneca shortly before trial.
City of Milwaukee v. NL Industries, Inc. (Circuit Court, Milwaukee County, Wisconsin)
Briefed
argued NL's motion for summary judgment on plaintiff's claim for $108 million in alleged future damages for lead-paint abatement. Victory for NL. Court dismissed with prejudice 100 percent of plaintiff's future-damages claim. Featured in The American Lawyer.
In Re Teflon Products Liability Litigation
Represented DuPont in an MDL comprised of 23 alleged class actions brought on behalf of consumers who claimed to have purchased cookware coated with Teflon
other non-stick coatings manufactured by DuPont. MDL in Southern District of Iowa. Class certification denied in all matters. Petition for appeal rejected by the United States Court of Appeals for the Eighth Circuit. Cases voluntarily dismissed with prejudice.
Perrine v. DuPont (West Virginia)
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. Jury verdict for plaintiffs.
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.
Ehlis v. Shire Richwood, Inc. (U.S. Court of Appeals for the 8th Circuit)
Represented Pharmaceutical Research
Manufacturers of America ( PhRMA ) as amicus in support of Shire in products liability case involving failure to warn claims relating to the prescription drug Adderall. Shire prevailed.
