Cases
CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT: Confidential International Arbitration (London/Singapore)
Represented sellers of business in post-sale dispute in international arbitration under UNCITRAL rules. Case won after multiple evidentiary hearings.
Perrine v. DuPont (West Virginia)
Retained shortly before trial to represent DuPont in class-action jury trial of toxic-tort claims. Jury verdict for plaintiffs
West Virginia Supreme Court ordered re-trial on statute of limitations defense
substantially reduced potential damages. Case settled favorably.
Environmental arbitrations (New Jersey)
Trial counsel for DuPont in successful five-month
three-month arbitrations involving personal injury
property damage claims of plaintiffs in toxic tort actions alleging environmental contamination from a former manufacturing plant. Cross-examined 75 witnesses.
CHSAA arbitrations (Denver, Colorado)
First-chaired the first two successful arbitrations against the Colorado High School Activities Association (CHSAA). In first arbitration, represented inner city high school student in regaining athletic eligibility. Trial before retired U.S. District Judge (
former Colorado Supreme Court Justice) Jim Carrigan. Client went on to win the 145-pound Class 5A Title at the Colorado State Wrestling Championships in February 2004
receive a college wrestling scholarship. In second arbitration against CHSAA, represented three inner city high school students in race/religious discrimination case. Athletic eligibility regained after three-day trial in April 2004 before former Chief Justice of the Colorado Supreme Court Luis D. Rovira. Clients went on to win several State Cross Country
Track Championships in 2004
2005
receive college athletic scholarships.
Confidential AAA Arbitration(Washington D.C.)
Represented Big 4 accounting firm in month-long arbitration hearing against venture capital firms in matter alleging accountants' negligence regarding due diligence
audit work in connection with large private acquisition. Case won at trial.
OTHER REPRESENTATIVE CASES: Crow Tribe v. Australian-American Energy Company (Arbitration)
Represented The Crow Tribe of Indians (Apsaalooke Nation) in dispute with Australian-American Energy Company with respect to the proposed development of a $7 billion coal-to-liquids project on the Crow Reservation in southeastern Montana.
First Reserve Corporation
AMCI v. Companhia Vale Do Rio Doce(Supreme Court of Queensl
, Queensl
, Australia)
Represented Sellers of coal company in post-sale disputes related to third party coal contracts. Cases filed by both sides in Supreme Court of Queensl
in Brisbane Australia. Cases settled.
Trasylol Litigation (Multiple Jurisdictions)
National counsel for Bayer in products liability actions concerning Trasylol, an anti-fibrinolytic drug used to reduce perioperative blood loss
the need for blood transfusion in patients undergoing cardiopulmonary bypass in the course of coronary artery bypass graft surgery who are at increased risk of blood loss or blood transfusion.
DK Acquisition Partners, L.P. et al. v. J.P. Morgan Chase & Co. et al.(Federal District Court, Southern District of Texas)
Represented holders of more than $1.5 billion in Enron bank debt in their action against J.P. Morgan Chase & Co., Citigroup
affiliates, alleging fraud
other wrongdoing based on defendants' knowledge of
participation in scheme to conceal Enron's true financial condition. Case settled.
In re Oak Mountain Energy(U.S. Bankruptcy Court, N.D. Alabama)
Lead counsel for Peter Kiewit Sons'
various subsidiaries in adversary proceeding seeking damages based on alter ego
other theories. Case settled before trial.
Gen-Probe Incorporated v. Bayer HealthCare LLC
Bayer Corporation(U.S. District Court, San Diego)
Represented Bayer in multiple patent infringement actions involving nucleic acid detection assays for HIV
hepatitis. Cases settled.
Ankmar Door v. Baan(Denver District Court)
Represented Baan, which makes enterprise resource planning software, in fraud
breach of contract action related to performance
functionality of Baan software. Case won on summary judgment.
IDT Corporation v. Telefonica, S.A., Terra,
Lycos (U.S. District Court, New Jersey)
Represented plaintiff IDT in securities fraud action relating to the termination of a joint venture between IDT
Terra Networks
Terra Network's acquisition of internet portal Lycos. Case settled before trial.
Marriott Corporation v. AMR (Texas State Court, Dallas)
Represented plaintiff Marriott against AMR in $1 billion software development/joint venture dispute. Case settled on eve of trial.
