Cases
Cases Tried or Otherwise taken to Judgment: Massachusetts Mutual Life Ins. Co. Residential Mortgage-Backed Securities Litigation: (D. Mass.)
Represented MassMutual in its actions under the Massachusetts Uniform Securities Act, against underwriters Credit Suisse
Goldman Sachs, arising from their sales of residential mortgage-backed securities to MassMutual in 2005-2007. Credit Suisse settled after four weeks of trial, taking an additional $79.5 million charge to earnings because of the settlement payment. Goldman Sachs settled shortly thereafter.
Confidential Arbitration: Second-chair trial counsel in a large confidential arbitration involving a power plant project. Cross-examined two of respondents' key witnesses,
put on direct testimony of two of claimant's key fact witnesses as well as claimant's damages expert.
Sikorsky Aircraft Corporation v. United States: (Court of Federal Claims
Federal Circuit Court of Appeals)
Trial counsel for Sikorsky against Department of Justice in bench trial of government contract suit. Government sought $80 million plus interest on its claim that Sikorsky had overcharged for aircraft
parts by allocating material overhead costs in violation of cost accounting st
ards during 1999-2005.
Judgment for Sikorsky
court rejected government's claim in its entirety. Judgment for Sikorsky affirmed on appeal.
Sikorsky Aircraft Corporation v. United States: (Court of Federal Claims)
Represented Sikorsky against Department of Justice in government contract suit seeking $34 million in an alternative claim to government's previous claim against Sikorsky regarding Sikorsky's overhead accounting practices. Trial court granted Sikorsky's motion for judgment on the pleadings, entered judgment for Sikorsky,
rejected the government's claim in its entirety. Federal Circuit dismissed government's appeal.
Bayer HealthCare LLC v. Pfizer Inc.: (N.D. Ill.)
Trial counsel for Bayer in a patent infringement suit relating to Pfizer's animal health product, ADVOCIN, a fluoroquinolone treatment for bovine respiratory disease. Case settled following multiple summary judgement wins for Bayer.
United States ex rel. Simpson v. Bayer: (D. Minn.)
Represented Bayer in False Claims Act litigation alleging deceptive marketing of Baycol . Obtained dismissal of plaintiff's First Amended Complaint without prejudice for failure to plead fraud with particularity. Court dismissed Second Amended Complaint with prejudice.
Michael Dikcis v. Nicor Gas Company: (Cook County, IL
Illinois Court of Appeals)
Represented Nicor Gas Company in class action case involving Nicor's natural gas billing practices. Argued motion to dismiss for lack of jurisdiction in Cook County Chancery Court. Won dismissal of complaint with prejudice. Argued appeal before the First District. Judgment affirmed.
Other Representative Cases: YAZ /Yasmin Personal Injury Litigation: (MDL in Illinois)
National counsel
trial counsel for Bayer in litigation alleging personal injuries caused by YAZ
Yasmin (oral contraceptives). Cases pending in federal
state courts.
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 federal YAZ stroke case set for trial. Case settled shortly before trial.
