Cases
CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT: U.S. Airways v. Sabre Inc. (S.D.N.Y.)
Second chair trial counsel for Sabre in antitrust action relating to contract between U.S. Airway
Sabre concerning Sabre's Global Distribution System. Won motions to dismiss monopolization
declaratory judgment claims. Won summary judgment on claim for injunctive relief
over 75% of Plaintiff's damages claim. Won $6 million costs/attorneys' fees award. Two-month jury trial resulting in defense verdict on one claim
damages of 1% of what Plaintiff had sought on second claim.
Confidential AAA Arbitration
Co-lead trial counsel for small independent exploration
production company in commercial
state securities law dispute. Claimant sought more than $25 million. After two-week hearing in June 2016, panel ordered claimant recover nothing
pay our client's attorney's fees.
Core-Mark v. Sonitrol (Adams Cty, Ct. Co. Ct. Appeals 2014-2016)
First-chair trial counsel for defendant Sonitrol, former subsidiary of Tyco, International, in one-week damages-only trial where plaintiffs were seeking over $50 million in damages. Before Bartlit Beck got involved, a previous jury found that Sonitrol had willfully
wantonly breached its burglar-alarm monitoring contract by failing to detect three burglars who looted plaintiffs' warehouse
eventually lit fires that ultimately destroyed the building. The jury awarded plaintiffs the damages number sponsored by Sonitrol, which was roughly 10% of what plaintiffs were seeking. Affirmed on appeal.
Confidential AAA Arbitration (2014-2015)
Second-chair trial counsel for Big Four accounting firm in AAA arbitration against hotel developer. Plaintiff alleged accountants' negligence in advising on ESOP
other tax issues. Case settled favorably during trial after cross-examination of Plaintiffs' witnesses.
American Airlines v. Sabre, et al.(Tarrant Cty, Tex., N.D. Tex. 2011-2012)
Trial counsel for Sabre in antitrust suit brought by American Airlines in both state
federal courts in Texas alleging unlawful monopolization, conspiracy
illegal contractual arrangements
seeking nearly $3 billion in damages. Case proceeded to trial in state court in Ft. Worth. Case settled on confidential terms during trial.
Sensormatic Electronics Corp. v. The TAG Co., et al. (S.D. Fla., Fed. Cir. 2008-2010)
Trial counsel for plaintiff Sensormatic Electronics Corporation in patent infringement, trade secret misappropriation
breach of contract suit. Following a three-week bench trial, the Court entered judgment in favor of Sensormatic on all counts
entered a permanent injunction, all affirmed by the Federal Circuit.
Applied Medical Resources Corp. v. United States Surgical Corp. (C.D. Cal., Fed. Cir. 2005-2009)
Trial counsel for defendant United States Surgical Corporation, a subsidiary of Covidien, in medical device patent infringement suit in which Applied Medical sought $300 million
an injunction. Won non-infringement jury verdict after five-week trial, which was affirmed on appeal in the Federal Circuit.
Alexsam v. IDT (E.D. Tex. 2011, 2013)
Trial counsel in patent infringement case involving point-of-sale gift
phone card activation technology. Despite the court having deemed that roughly half the accused products were infringed as a discovery sanction based on issues pre-dating Bartlit Beck's involvement, the trial team won a finding of no willfulness
limited the damages verdict to half of what plaintiff sought. The case is on appeal
in post-verdict proceedings in the trial court.
ICE Corp. v. Hamilton Sundstr
Corp. et al. (10th Cir. 2010-2011)
Appellate counsel for Hamilton Sundstr
Ratier-Figeac in appeal of adverse jury verdict on a Kansas misappropriation of trade secrets claim. Obtained reversal of $9 million punitive damages award before the Tenth Circuit
prevailed on rem
before the district court. Case settled on confidential terms.
Honeywell International, Inc. v. Hamilton Sundstr
Corp. (D. Del. 2005)
Trial counsel for defendant United Technologies' Hamilton Sundstr
division in patent infringement trial in Delaware. Honeywell alleged that Hamilton Sundstr
infringed an airplane engine patent
sought $135 million in damages. Jury verdict in the client's favor, finding no infringement
that asserted patent was invalid.
Lead Paint Litigation (2005-2010)
Trial
appellate counsel for defendant NL Industries in trial
appellate proceedings in Rhode Isl
. The AG sued to declare past sale of lead paint a public nuisance throughout State of Rhode Isl
, seeking compensatory
punitive damages as well as abatement. In a l
mark decision, the Supreme Court of Rhode Isl
in June 2008 ordered dismissal of the AG's lawsuit after nine years of litigation, resulting in a complete defense victory.
OTHER REPRESENTATIVE CASES: Oil
Gas
Ideal Royalty Class Action (Santa Fe, N.M., D.N.M., 2014-present)
Trial counsel for defendant Burlington Resources Oil & Gas Company, a subsidiary of ConocoPhillips, in a certified class action alleging underpayment of royalties on coal bed methane gas in New Mexico's San Juan Basin. Case resolved shortly before trial after Bartlit Beck became involved.
Li, et al. v. ConocoPhillips Co. (S.D. Tex. 2012-present)
Lead trial counsel for ConocoPhillips in tort action brought by multiple Chinese fishermen plaintiffs for alleged harm from a June 2011 oil release from the Penglai-19-3 offshore oil field operated by ConocoPhillips China in Bohai Bay, China. ConocoPhillips has moved to dismiss the claims on forum non conveniens
other grounds.
BP Oil Supply Co. v. ConocoPhillips Co. (Del. Super. Ct. 2010)
ConocoPhillips Co. v. BP Oil Supply Co. (Harris Cty Tex. Ct. 2010)
Lead trial
appellate counsel for ConocoPhillips in crude oil buy-sell contract dispute with BP Oil Supply in Delaware
Texas state courts. Case resolved on confidential terms.
Intellectual Property
Tessera, Inc. v. AMD et al. (N.D. Cal., 2011-present)
Trial counsel for plaintiff Tessera in patent suit against multiple defendants alleging infringement of groundbreaking patents related to semiconductor packaging. Tessera has settled with all but one of the defendants (on confidential terms). Case currently in the summary judgment phase.
Tyco Healthcare Group LP v. C.R. Bard, et al. (D. Del. 2009-2011)
Trial counsel for plaintiff Tyco Healthcare in patent suit alleging that Bard's SorbaFix
PermaFix hernia mesh fixation products infringe one of Tyco Healthcare's patents
that Bard's infringement has been willful. Case settled on confidential terms.
Rembr
t Data Technologies, LP v. ADT Security Services, Inc. et al. (E.D. Va. 2008-2009)
Trial counsel for defendant ADT in patent infringement lawsuit filed by Rembr
t against ADT
seven other defendants. Rembr
t alleged that various products
services provided by defendants infringed four patents related to dial-up modem technology. Case resolved on confidential terms.
Edge Capture L.L.C. et al. v. Citadel Investment Group, LLC et al. (N.D. Ill. 2007-2008)
Trial counsel for defendant Citadel, an investment group, in patent infringement suit brought by Edge Capture. Edge alleged that various Citadel trading strategies infringed two of Edge Capture's trading system
method patents. Case resolved on confidential terms.
Products Liability
Mass Tort
Vioxx Litigation (2007-2009)
Counsel for Merck in state court cases brought in New Jersey
federal MDL by health insurance companies
health
welfare funds seeking reimbursement for payments insurance companies made for Vioxx. Plaintiffs were seeking billions in damages. Merck announced favorable settlement for $80 million.
General Commercial Litigation
LaPlant v. The Northwestern Mutual Insurance Company (Mil. Cty. Ct.., E.D. Wis. 2011-present)
Trial counsel for defendant Northwestern Mutual in putative class action alleging breach of contract
breach of fiduciary duties in connection with certain annuity products. Won appeal regarding application of the Class Action Fairness Act in the Seventh Circuit. Plaintiff is currently seeking class certification in the federal district court.
Mercury Companies, Inc. et al. v. The First American Company et al. (D. Colo. 2008-2010)
Co-lead trial counsel for counter-defendant Fidelity National Financial, Inc.
four plaintiff title agents in breach of contract
tortious interference action. Case resolved on confidential terms.
Adelphia Comm's Corp. v. Deloitte & Touche LLP (Philadelphia Ct. Common Pleas 2006-2007)
Trial counsel for 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.
LSI Logic Corp. v. Broadcom Corp. et al. (Colo. D. Ct. 2005)
Trial counsel for defendant Broadcom Corporation
seven of its employees in suit by LSI Logic alleging trade secret misappropriation, improper solicitation, breach of contract,
tortious interference. Case resolved for $0.
Pro Bono
Holte et al. v. Titan Chair et al. (D. Colo. 2010)
Lead trial counsel for small business owner plaintiff in patent infringement
false advertising lawsuit against company selling cheap knockoffs of plaintiff's products. Case resolved on confidential terms.
State v. Peters (Douglas Cty. Ct. 2005-2006)
Lead trial counsel representing defendant in criminal trial in Douglas County Court in Colorado. Defendant charged with seven criminal counts. Case resolved by favorable plea deal during trial.
