Cases
REPRESENTATIVE MATTERS: EEOC v. Texas Roadhouse (U.S. District Court, D. Massachusetts)
Co-lead trial counsel, with Eric Olson, for l
mark pattern or practice age discrimination claim brought by EEOC against national restaurant chain. After three-week jury trial in January 2017, case ended in a mistrial because jury was deadlocked after deliberating for one week. Law360 coverage here. Retrial set for May 2017.
In re: Whirlpool Corp. Front-Loading Washer Products Liability Litigation (U.S. District Court, N.D. Ohio) Trial counsel, along with Phil Beck
Eric Olson, in bellwether consumer class action trial of plaintiffs' claims of design defect
breach of implied warranty. After three
a half week jury trial, jury deliberated less than two hours before returning complete defense verdict.
In re Drywall MDL (E.D. Pa.)
Rebecca leads a team defending a drywall manufacturer against Sherman Act price fixing claims related to its drywall business. The plaintiffs allege that the defendants violated Section 1 of the Sherman Act by conspiring to fix, raise, maintain,
stabilize prices for gypsum drywall. This multidistrict litigation matter was consolidated in the U.S. District Court for the Eastern District of Pennsylvania.
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.
Schuchert v. Bayer (S.D. Ill.): Selected as trial counsel to represented Bayer in the first stroke case set for trial in the YAZ/Yasmin federal multi-district litigation. Case settled prior to trial.
Reagh v. Bayer (Court of Common Pleas, Philadelphia County, Pennsylvania): Chosen to first chair second stroke case set for trial in coordinated proceedings pending in state court in Philadelphia. Case settled before trial.
Chicago Loop Parking vs. The City of Chicago (2012)
Rebecca headed the defense of a $200 million breach of contract claim brought by a Morgan Stanley entity related to its lease of the City's downtown parking garages. While liability was conceded prior to trial, Rebecca tried the case to three arbitrators
succeeded in reducing damages from more than $200 million sought to $58 million. This case is currently being appealed in state court. The case involved complex causation
damages issues.
In re: Trasylol Litigation
National counsel for Bayer in products liability cases in state
federal court involving Trasylol, a drug used during coronary bypass surgery. Rebecca took
defended key depositions, including expert depositions that led to their Daubert exclusion.
WeightSmart Litigation
National counsel for Bayer in consumer fraud class action lawsuits relating to OneADay vitamins. Successfully defeated nationwide class certification motion under New Jersey Consumer Fraud Act. The District Court later certified a Florida-only class. The Third Circuit took the 23(f) appeal
reversed
rem
ed the District Court based on Bayer's argument that the class was not ascertainable. The plaintiffs petitioned rehearing en banc, but in a 9-4 opinion, the Third Circuit denied the request for rehearing.
In re Teflon Product Liability Litigation
National counsel for DuPont in more than 20 class action lawsuits related to Teflon-coated cookware. Successfully defeated class certification motion. Court denied plaintiffs leave for appeal. Cases voluntarily dismissed with prejudice.
Baycol Litigation
National counsel for Bayer in products liability litigation related to the anti-cholesterol drug Baycol. Cases pending throughout the country were consolidated in federal court in Minnesota.
Haltom v. Bayer Corp.
Trial counsel for Bayer in products liability case involving Baycol. Plaintiff sought $560 million in actual
punitive damages. After a one-month jury trial in state court in Corpus Christi, Texas, the jury returned a verdict for Bayer on all issues.
DuPont v. Cardinal Healthcare 200, Inc.
Represented DuPont in breach of contract
promissory estoppel case relating to DuPont's business that makes fabric for surgical drapes
gowns. Case settled favorably just before trial.
Hoover v. BISSELL Inc.
Represented BISSELL Inc. in patent infringement
trade dress suit brought by Hoover involving a nozzle configuration for vacuums. Case settled favorably.
B.J. Services v. Halliburton Energy Services
Represented Halliburton in patent infringement case related to methods for fracturing subterranean formations to stimulate oil
gas recovery. Hired to try case ninety days before trial. After month-long jury trial, jury found for B.J. Services
awarded less than 25% of damages sought.
Guidant Corp. v. Boston Scientific Corp.
Represented Guidant in contract dispute involving drug-eluting coronary stent technology.
Residential Funding Corp. (GMAC) v. DeGeorge Financial Corp.
Represented Residential Funding in jury trial in lender liability case involving an agreement to purchase home construction loans. Jury returned a verdict for Residential Funding on all issues
awarded Residential Funding $96 million in damages. Case listed as one of the Top Plaintiffs' Verdicts for 2001 by The National Law Journal.
Twentieth Century Fox Film Corp., et al. v. Scour, Inc.
Defended Scour against copyright infringement suit brought by members of The Recording Industry of America, the Motion Picture Association of America
the National Music Publishers Association.
Precor, Inc. v. Life Fitness
Represented Brunswick Corp. subsidiary in jury trial relating to exercise treadmill patent
unfair competition dispute. Jury verdict for Precor. Federal Circuit affirmed in part
reversed in part.
BISSELL v. Oreck
Represented BISSELL in multiple patent
trade dress infringement
unfair competition actions. Cases settled favorably.
Hubbell Steel v. Dun & Bradstreet
Gibraltar Steel v. Dun & Bradstreet
Represented Dun & Bradstreet in actions for tort
breach of contract relating to Dun & Bradstreet's reporting services. Case settled favorably.
University of Chicago v. Chou
Defended University of Chicago in suit claiming that a researcher was wrongfully denied credit as co-inventor of herpes vaccine. Case dismissed by federal district court in Chicago. Briefed
argued appeal to Federal Circuit. Case reversed in part
rem
ed in part. Case settled favorably.
