Cases
INTELLECTUAL PROPERTY CASES: Rolls Royce v. United Technologies Rolls Royce sought $4 billion in damages from United Technologies
its Pratt & Whitney division, claiming infringement of a patent concerning the fan blades used in jet engines. Phil was lead counsel for UT
P&W. Shortly before trial, the district court granted summary judgment to UT
P&W on non-infringement. This ruling followed earlier orders granting summary judgment to UT
P&W on willful infringement
striking major portions of Rolls Royce's damages theory.
Onyx Pharmaceuticals v. Bayer Represented Bayer in case concerning the ownership of an anti-cancer drug created after the expiration of a joint venture agreement to develop such drugs. Case settled halfway through jury trial.
Cytologix v. Ventana Medical Systems Theft of trade secrets
patent infringement case involving medical diagnostic technology. Represented Ventana in trial in federal court in Boston. Jury verdict for Ventana on trade secrets claims
for CytoLogix on patent claims.
DuPont v. Phillips Petroleum Appeal from District Court decision upholding a DuPont polyethylene patent
enjoining infringement by Phillips. Represented Phillips Petroleum on appeal. Trial h
led by other law firm. Federal Circuit stayed the injunction pending appeal (the first such order in the Federal Circuit's history), reversed the District Court's holding of validity,
held for Phillips.
BJ Services v. Halliburton Patent case involving oil field technology. Represented Halliburton in trial in federal court in Houston, Texas. Jury verdict for BJ Services.
Energy Absorption System v. Roadway Safety Service Appeal from adverse judgment in patent case involving highway safety devices. Represented plaintiff Energy Absorption Systems. Trial h
led by other firm. Federal Circuit reversed invalidity finding
rem
ed for new trial on infringement under the doctrine of equivalents.
Brunswick v. Precor Patent case involving treadmill technology. Represented Brunswick at trial in federal court in Seattle, Washington
on appeal. Jury verdict for Precor. Federal Circuit affirmed in part
reversed in part.
Johnson Products v. Pro-Line Patent infringement litigation involving chemical compositions used in hair treatment products. Represented plaintiff Johnson Products in federal court in Chicago. After evidentiary Markman hearing, all patent claim interpretation issues resolved favorably to client. Case settled on favorable terms.
Haney v. CRL Industries Patent infringement case involving industrial s
ers. Represented defendant CRL in federal court in Portl
, Oregon. Jury verdict on damages for CRL. Advisory jury verdict on invalidity favored Haney. District judge ordered additional briefing on invalidity. Case settled on favorable terms.
Sportvision v. Princeton Video Image Represented Princeton Video Image in patent case concerning insertion of video images, such as billboards in sports arenas
first-down lines on football fields, into live broadcasts. Case settled.
MASS TORT/PRODUCT LIABILITY CASES: Vioxx
Plaintiffs claimed that Merck's drug Vioxx caused heart attacks
strokes. Merck suffered setbacks early in the litigation in state courts in Texas
New Jersey. In the federal MDL in New Orleans, Merck was facing five bellwether jury trials in less than twelve months. Merck retained Phil to be its lead trial lawyer in the federal cases. Phil tried all five cases, winning outright defense verdicts in four of five trials. These results were widely credited with making possible the eventual settlement of tens of thous
s of claims.
Plunkett v. Merck Trial in Houston federal court (relocated from New Orleans after Hurricane Katrina). Mistrial declared after jurors deadlocked 8-1 in favor of the defense. Retrial in New Orleans federal court. Jury verdict for Merck on all issues.
Barnett v. Merck Trial in New Orleans federal court. Jury verdict for plaintiff.
Smith v. Merck Trial in New Orleans federal court. Jury verdict for Merck on all issues.
Mason v. Merck Trial in New Orleans federal court. Jury verdict for Merck on all issues.
Dedrick v. Merck Trial in New Orleans federal court. Jury verdict for Merck on all issues.
Baycol
Plaintiffs claimed that Bayer's drug Baycol caused a rare muscle disorder called rhabdomyolosis. Bayer faced tens of thous
s of claims in a federal MDL in Minneapolis, coordinated cases in state courts in Philadelphia
Houston,
individual cases in state courts around the country. Phil was Bayer's lead lawyer for all the Baycol litigation. In the course of the litigation, Phil has: argued class certification in federal court
state courts in Illinois, Oklahoma
Pennsylvania
argued appeals on various issues in the Eighth Circuit (twice), the Illinois Appellate
Supreme Courts,
the United States Supreme Court
argued Daubert
Frye motions in federal
state court
argued motions to dismiss qui tam actions
coordinated activities with Bayer's securities lawyers
negotiated individual settlements
the eventual global settlement
won a defense verdict in the first bellwether case in Haltom v. Bayer, a jury trial in Corpus Christi, Texas, in which plaintiff sought $560 million in actual
punitive damages.
Case profiled in May 3, 2004 Wall Street Journal article
in the National Law Journal June 2, 2003 article, Designs For Winning: Ten of the Nation's Top Litigators Tell How They Prevailed in the 'Big Case.'
Fidelis Leads
Lead trial counsel for Medtronic in an MDL concerning fractures of leads used with implanted defibrillators. The cases settled before any trials were conducted.
Firefighter Hearing Loss
Thous
s of firefighters from around the United States sued Federal Signal, claiming that its sirens caused hearing loss. Phil represented Federal Signal in two bellwether cases.
Rago v. Federal Signal. Jury trial in Cook County, Illinois, on the claims of 27 firefighters. Jury verdict for Federal Signal on all claims of all plaintiffs.
Friel v. Federal Signal. Jury trial in Court of Common Pleas, Philadelphia, Pennsylvania, on the claims of nine firefighters. Jury verdict for Federal Signal on all claims of all plaintiffs.
Benlate
Tico Fruit v. DuPont. Costa Rica's largest citrus operation sought $170 million plus punitive damages from DuPont, claiming that DuPont's fungicide Benlate had destroyed its orange tree groves. Represented DuPont in trial in state court in Miami, Florida. Jury verdict for DuPont.
Lead
Wagner v. NL Industries. Class action on behalf of 7,500 neighborhood residents seeking several hundred million dollars in personal injury
property damages due to emissions of lead from factory over a thirty-five year period. Represented NL Industries at trial in state court in Philadelphia
on appeal. Jury verdict for NL on all issues. Judgment affirmed on appeal.
Case listed as one of Top 15 Defense Verdicts for 1994 by The National Law Journal.
Factor Concentrates
In the early 1980's, HIV had infected the nation's blood
plasma supplies before scientists knew that AIDS existed. Factor concentrates, the medicine used to control bleeding in people with hemophilia, is derived from human plasma
was itself contaminated. Thous
s of hemophilia patients were infected with HIV
sued the manufacturers of the medicine.
Phil tried three of the bellwether cases on behalf of Alpha Therapeutic Corp.,
helped negotiate the global settlement of the remaining claims.
Howray v. Alpha Therapeutic Corp. Jury trial in state court in Harris County, Texas, on claims that two adolescent boys had contracted AIDS from Alpha's blood clotting medicine. Jury verdict for Alpha on all claims of both plaintiffs.
Case profiled in The National Law Journal 1997 issue entitled Winning: 10 of the Nation's Top Litigators.
Case listed as one of the Top 15 Defense Verdicts for 1997 by The National Law Journal.
Doe v. Alpha Therapeutic Corp. Jury trial in state court in St. Louis, Missouri, on claims that three young men had contracted AIDS from Alpha's blood clotting medicine. Jury verdict for Alpha on all claims of all plaintiffs.
Smith v. Alpha Therapeutic Corp. Jury trial in state court in New Orleans Parish, Louisiana, on claim by parents that their son had died from AIDS contracted from the blood clotting medicine of Alpha or one of three co-defendants. Represented Alpha at trial
on appeal. After four-month trial, judge granted judgment for defendants on statute of limitations grounds notwithst
ing verdict for plaintiff. Judgment for defendants affirmed by Louisiana Court of Appeals.
Trasylol
Plaintiffs claim that Bayer's drug Trasylol, which helps control bleeding in the chest cavity during open heart surgery, causes kidney failure.
Lead counsel for Bayer in the federal MDL
state court cases.
Yaz
Yasmin
Plaintiffs claim that Bayer's birth control drugs, Yaz
Yasmin, cause blood clotting
gallbladder disease.
Lead counsel for Bayer in the federal MDL
state court cases.
FINANCIAL AND ACCOUNTING/AUDITING CASES: Residential Funding Corp. (GMAC) v. DeGeorge Financial Corp. Lender liability case involving an agreement to purchase home construction loans. DeGeorge sought $390 million plus punitive damages. Residential Funding sought $96 million by counterclaim. Represented Residential Funding in trial in federal court in New Haven, Connecticut. Verdict for Residential Funding on all issues. Jury awarded Residential Funding $96 million in damages.
Case listed as one of the Top Plaintiffs' Verdicts for 2001 by The National Law Journal.
Amaranth LLC v. J.P. Morgan Chase Representing hedge fund
trading advisor in action against investment bank, commercial bank,
futures commission agent.
Elliott Associates v. Porsche SE Representing hedge funds in securities fraud
manipulation lawsuit against Porsche SE related to Porsche's attempted takeover of Volkswagen in 2008.
DK Acquisition Partners v. J.P. Morgan Chase Represented holders of more than $1 billion in Enron debt in action against J.P. Morgan Chase
Citigroup alleging concealment of Enron's true financial condition. Case settled.
Morgan Stanley v. Discover Represented Discover against Morgan Stanley (its former parent) in dispute over proceeds of settlement of antitrust litigation against MasterCard
Visa. Case settled.
Confidential AAA Arbitration Represented Big Four accounting firm in arbitration brought by venture capital firm alleging faulty due diligence
audit work. Decision in client's favor.
Ernst & Young Cases
Metropolitan Creditors' Trust v. Ernst & Young The bankrupt estate of Metropolitan Mortgage & Securities sought several hundred million dollars from Metropolitan's auditor, Ernst & Young. Represented Ernst & Young in trial-type arbitration. Decision for Ernst & Young.
Kriedler v. Ernst & Young Represented Ernst & Young in trial-type arbitration in which the Washington Insurance Commissioner sought $90 million as receiver for Western United Life Assurance Company. Decision for Ernst & Young.
Metropolitan Securities Class Action Represented Ernst & Young in federal securities class actions concerning the collapse of Metropolitan Mortgage & Securities Co. Class action settled shortly before trial.
Swift Transportation v. Ernst & Young Represented Ernst & Young in accounting malpractice action arising from merger between Swift Transportation Co.
a competitor. Case settled shortly before trial.
Deloitte & Touche Cases
Taylor Bean & Whitaker Litigation Representing Deloitte in ongoing litigation in Florida state court concerning the audits of defunct mortgage company.
Adelphia Communications Corp. Represented Deloitte in accounting malpractice case brought be Adelphia. Case resolved on confidential terms.
National Century Financial Enterprises Represent Deloitte in lawsuits brought by bondholders concerning the collapse of National Century Financial Enterprises. Most cases have been resolved on confidential terms.
Sompo Japan Insurance Represented Deloitte against claims of accounting errors in reinsurance pool. Case resolved on confidential terms.
Arthur Andersen Cases
Boston Chicken Represented Andersen in action brought by bankruptcy trustee alleging accounting malpractice, breach of contract, negligent misrepresentation,
aiding
abetting breach of fiduciary duty. Case settled.
Coleman Holdings Represented Andersen in negligence
fraud action in connection with Andersen's audit of Sunbeam. Case settled.
Board of Trustees of City Colleges Represented Andersen in litigation concerning derivative securities trading. Obtained partial summary judgment as to most of damages claim. Case settled thereafter.
MASS-TORT AND PRODUCTS-LIABILITY CASES: Vioxx
Plaintiffs claimed that Merck's drug Vioxx caused heart attacks
strokes. Merck suffered setbacks early in the litigation in state courts in Texas
New Jersey. In the federal MDL in New Orleans, Merck was facing five bellwether jury trials in less than twelve months. Merck retained Phil to be its lead trial lawyer in the federal cases. Phil tried all five cases, winning outright defense verdicts in four of five trials. These results were widely credited with making possible the eventual settlement of tens of thous
s of claims.
Plunkett v. Merck Trial in Houston federal court (relocated from New Orleans after Hurricane Katrina). Mistrial declared after jurors deadlocked 8-1 in favor of the defense. Retrial in New Orleans federal court. Jury verdict for Merck on all issues.
Barnett v. Merck Trial in New Orleans federal court. Jury verdict for plaintiff.
Smith v. Merck Trial in New Orleans federal court. Jury verdict for Merck on all issues.
Mason v. Merck Trial in New Orleans federal court. Jury verdict for Merck on all issues.
Dedrick v. Merck Trial in New Orleans federal court. Jury verdict for Merck on all issues.
Baycol
Plaintiffs claimed that Bayer's drug Baycol caused a rare muscle disorder called rhabdomyolosis. Bayer faced tens of thous
s of claims in a federal MDL in Minneapolis, coordinated cases in state courts in Philadelphia
Houston,
individual cases in state courts around the country. Phil was Bayer's lead lawyer for all the Baycol litigation. In the course of the litigation, Phil has: argued class certification in federal court
state courts in Illinois, Oklahoma
Pennsylvania
argued appeals on various issues in the Eighth Circuit (twice), the Illinois Appellate
Supreme Courts,
the United States Supreme Court
argued Daubert
Frye motions in federal
state court
argued motions to dismiss qui tam actions
coordinated activities with Bayer's securities lawyers
negotiated individual settlements
the eventual global settlement
won a defense verdict in the first bellwether case in Haltom v. Bayer, a jury trial in Corpus Christi, Texas, in which plaintiff sought $560 million in actual
punitive damages.
Case profiled in May 3, 2004 Wall Street Journal article
in the National Law Journal June 2, 2003 article, Designs For Winning: Ten of the Nation's Top Litigators Tell How They Prevailed in the 'Big Case.'
Fidelis Leads
Lead trial counsel for Medtronic in an MDL concerning fractures of leads used with implanted defibrillators. The cases settled before any trials were conducted.
Firefighter Hearing Loss
Thous
s of firefighters from around the United States sued Federal Signal, claiming that its sirens caused hearing loss. Phil represented Federal Signal in two bellwether cases.
Rago v. Federal Signal. Jury trial in Cook County, Illinois, on the claims of 27 firefighters. Jury verdict for Federal Signal on all claims of all plaintiffs.
Friel v. Federal Signal. Jury trial in Court of Common Pleas, Philadelphia, Pennsylvania, on the claims of nine firefighters. Jury verdict for Federal Signal on all claims of all plaintiffs.
Benlate
Tico Fruit v. DuPont. Costa Rica's largest citrus operation sought $170 million plus punitive damages from DuPont, claiming that DuPont's fungicide Benlate had destroyed its orange tree groves. Represented DuPont in trial in state court in Miami, Florida. Jury verdict for DuPont.
Lead
Wagner v. NL Industries. Class action on behalf of 7,500 neighborhood residents seeking several hundred million dollars in personal injury
property damages due to emissions of lead from factory over a thirty-five year period. Represented NL Industries at trial in state court in Philadelphia
on appeal. Jury verdict for NL on all issues. Judgment affirmed on appeal.
Case listed as one of Top 15 Defense Verdicts for 1994 by The National Law Journal.
Factor Concentrates
In the early 1980's, HIV had infected the nation's blood
plasma supplies before scientists knew that AIDS existed. Factor concentrates, the medicine used to control bleeding in people with hemophilia, is derived from human plasma
was itself contaminated. Thous
s of hemophilia patients were infected with HIV
sued the manufacturers of the medicine.
Phil tried three of the bellwether cases on behalf of Alpha Therapeutic Corp.,
helped negotiate the global settlement of the remaining claims.
Howray v. Alpha Therapeutic Corp. Jury trial in state court in Harris County, Texas, on claims that two adolescent boys had contracted AIDS from Alpha's blood clotting medicine. Jury verdict for Alpha on all claims of both plaintiffs.
Case profiled in The National Law Journal 1997 issue entitled Winning: 10 of the Nation's Top Litigators.
Case listed as one of the Top 15 Defense Verdicts for 1997 by The National Law Journal.
Doe v. Alpha Therapeutic Corp. Jury trial in state court in St. Louis, Missouri, on claims that three young men had contracted AIDS from Alpha's blood clotting medicine. Jury verdict for Alpha on all claims of all plaintiffs.
Smith v. Alpha Therapeutic Corp. Jury trial in state court in New Orleans Parish, Louisiana, on claim by parents that their son had died from AIDS contracted from the blood clotting medicine of Alpha or one of three co-defendants. Represented Alpha at trial
on appeal. After four-month trial, judge granted judgment for defendants on statute of limitations grounds notwithst
ing verdict for plaintiff. Judgment for defendants affirmed by Louisiana Court of Appeals.
Trasylol
Plaintiffs claim that Bayer's drug Trasylol, which helps control bleeding in the chest cavity during open heart surgery, causes kidney failure.
Lead counsel for Bayer in the federal MDL
state court cases.
Yaz
Yasmin
Plaintiffs claim that Bayer's birth control drugs, Yaz
Yasmin, cause blood clotting
gallbladder disease.
Lead counsel for Bayer in the federal MDL
state court cases.
COMMERCIAL CASESConfidential AAA Arbitration (Phoenix, AZ) Represented a Fortune 100 company in confidential, multi-billion dollar contract dispute. The two-week arbitration hearing included testimony from numerous senior executives
expert witnesses. Obtained complete victory for client.
Government of Canada Represented Canadian government in prosecution of civil RICO claim against R.J. Reynolds seeking more than $1 billion in damages caused by tobacco companies' scheme to smuggle tobacco into Canada
avoid Canadian taxes. Second Circuit affirmed dismissal on jurisdictional grounds.
Ricel
Foods v. Bayer Jury trial in state court in Stuttgart, Arkansas in which Ricel
Foods, the country's largest rice mill, sued Bayer Crop Science for damages due to the contamination of the nation's rice supply by Bayer's experimental genetically modified rice. Ricel
sought $390 million in actual damages, plus punitive damages. Judgment for Ricel
for $12.9 million.
Echostar v. NewsCorp Contract
fraud case against Rupert Murdoch
NewsCorp. Case settled before trial.
SK H
tools v. Dresser Industries Fraud case in which Dresser, represented by a different law firm, lost $4 million in compensatory
$50 million in punitive damages. Represented Dresser on appeal. Liability verdict upheld
damages verdict reversed
rem
ed for new trial. Represented Dresser in state court in Cook County, Illinois on rem
. Jury verdict of $1 in nominal damages.
Case profiled in Corporate Counsel, Producing a Winner: Backstage at Three of Corporate America's Megasuccesses (July 1999).
Murphy v. United Technologies Fraud
breach of contract case involving the sale of a business. Represented defendant United Technologies in state court in West Palm Beach, Florida. Jury verdict for United Technologies.
Case listed as Honorable Mention Defense Victory For 1996 by The National Law Journal.
Stone Container v. Hartford Steam Boiler Insurance coverage case in which paper manufacturer sought $80 million for the explosion of a pulp digester. Represented defendant Hartford Steam Boiler in federal court in Chicago. Trial judge entered summary judgment for Stone. Seventh Circuit reversed with instruction to enter judgment for Hartford Steam Boiler.
First Olefins Limited Partnership v. Phillips Petroleum Company Corporate governance case in which financial partner sought to enjoin a $100 million expansion of an ethylene facility in Sweeny, Texas. Represented defendant Phillips Petroleum in Delaware Chancery Court. Preliminary injunction motion denied. Case dismissed.
FMC v. Lloyds of London
Liberty Mutual Insurance coverage case for reimbursement of environmental cleanup costs at several manufacturing sites. Represented plaintiff FMC at trial in state court in San Jose, California. Jury verdict of coverage on all sites. Subsequent jury finding of bad faith denial of coverage in second jury trial.
Wisconsin Steel Litigation Consolidated suits by bankrupt purchaser
Pension Benefit Guaranty Corp. asserting that Navistar's sale of a division was a fraudulent transaction designed to evade liabilities. Represented Navistar at trial in federal court in Chicago
on appeal. District Court decision for Navistar on bankrupt purchaser's claims for approximately $1 billion. Judgment affirmed on appeal. Decision for Navistar on PBGC's fraud-based claims
decision for PBGC on a portion of its claim for unfunded pensions as of the date of the sale. Settlement in advance of final judgment.
PacifiCorp, Portl
General Electric Co., Puget Sound Power
Light,
Washington Water Power Co. v. Western Energy Company Represented four utilities in arbitration involving purchase obligations under a long-term coal supply agreement. Split decision. Some relief granted
some relief denied.
Medcare HMO v. Bradley Injunction action to restrain state agency from terminating $30 million Medicaid contract. Represented Medcare HMO at trial in federal court in Chicago. Court issued preliminary
permanent injunction.
ARTRA v. D.P. Kelly & Associates Defended fraud
breach of fiduciary cases in bankruptcy court
state court in Chicago. Both cases won.
Richards Oil Co. v. Amoco Fraud case by Amoco jobber seeking damages for Amoco's withdrawal from Montana. Represented Amoco at trial in federal court in Montana. Jury verdict for Amoco on the fraud claim
directed verdict for Amoco on contract counterclaim.
Thor Power Tool Company v. Weintraub Sale of business case in which Thor (a subsidiary of Stewart-Warner Corp.) sought the unpaid balance of the purchase price,
Weintraub counterclaimed for fraud. Represented Monroe Weintraub at trial in federal court in Chicago
on appeal. Jury verdict for Weintraub. Judgment affirmed on appeal.
Amalgamated Sugar v. NL Industries Contested takeover involving the validity of NL Industries' poison pill defense. Represented Amalgamated Sugar (Harold Simmons) at trial in federal court in New York. Court enjoined the poison pill
client achieved control.
FTC v. Weyerhaeuser Government suit to enjoin a merger. Represented Weyerhaeuser at trial in federal court in Washington, D.C.
on appeal. Court denied injunction
merger went forward. Judgment affirmed on appeal.
Pullman Corp. v. J. Ray McDermott Hostile tender offer case. Represented the target, Pullman Corp., at trial in federal court in Chicago. Target company acquired by white knight during the litigation.
FTC v. Great Lakes Chemical Corporation Government suit to enjoin a merger. Represented Great Lakes Chemical Corp. at trial in federal court in Chicago. Court denied injunction
merger went forward.
Nuggett Oil v. Amoco Price fixing
attempted monopoly case brought by three Florida Amoco dealers against Amoco
its local jobber. Represented Amoco at trial in federal court in Florida. Court denied preliminary injunction
dismissed action.
McAleer v. General Motors Suit involving retroactivity of Illinois Motor Vehicle Franchise Act. Represented General Motors at trial in Illinois state court
on appeal. Following entry of injunction in favor of dealer, Illinois Appellate Court reversed, holding that the statute did not retroactively apply to pre-enactment dealership contracts.
Burroughs v. Pitney Bowes Suit to enjoin defendant
individual employees from violating non-compete covenants with plaintiff. Represented plaintiff Burroughs at trial in federal court in Chicago. Court denied injunction.
Diaz v. Indian Head Contract claim by former employee for post-employment compensation. Represented Indian Head, Inc. at trial in federal court in Chicago. Court held for Indian Head.
Westinghouse Uranium Contract Litigation Contract claims by 17 electric utility companies regarding uranium supply agreements. Represented Westinghouse at trial in federal court in Richmond, Virginia. Cases settled after trial while awaiting decision.
