Cases
Representative Matters: Antitrust Litigation
In re Automotive Parts Antitrust Litigation Representing class of truck
equipment dealers in a series of class action cases involving claims of bid rigging
price-fixing of automotive component parts.
Cumberl
Truck Equipment Co., et al. v. Detroit Diesel Corp. Represented International
Volvo truck dealers in antitrust class action arising out of termination of dealerships
subsequent product price increases.
In re Ductile Iron Pipe Fittings ( DIPF ) Direct Purchaser Antitrust Litigation. Representing waterworks distributors in connection with price-fixing
exclusionary conduct claims against suppliers/manufacturers of pipe fittings.
In re New Jersey Tax Sales Certificates Antitrust Litigation. Represented individuals
affiliated corporations in connection with tax sale bid rigging claims.
RDK Truck Sales & Services, Inc. v. Mack Trucks, Inc. Represented heavy-duty truck dealer in case involving claims under Section 1 of the Sherman Antitrust Act
state unfair trade practices act.
J.F. Energy v. Carlos R. Leffler, Inc. Defended energy company against claims of predatory pricing by competitor.
Angelico v. Lehigh Valley Hospital, Inc., et al. Obtained jury verdict in favor of defendant hospital in antitrust action
verdict upheld on appeal to U.S. Court of Appeals for the Third Circuit.
In re Plastic Additives Antitrust Litigation. Represented plastics manufacturer in antitrust class action involving pricing of plastic additives.
In re Commercial Explosives Litigation. Defended explosives manufacturer in antitrust class action involving pricing of commercial explosives.
Complex Commercial Litigation
Avangard Auto Finance v. Great American Insurance Company. Defense of class action against national insurance company involving payment of claims under collateral protection insurance policies.
Adelphia Communications Corp., at al v. Bank of America, N.A. et al. Defended Societe Generale
SG Cowen in multiparty litigation arising out of commercial loan facilities involving aiding
abetting claims against major international commercial banks
investment banks.
Baker v. Summit Bank. Defended bank in class action litigation involving claims under the Trust Indenture Act
obtained summary judgment ruling that was upheld on appeal to United States Court of Appeals for the Third Circuit.
JJ White, Inc. v. The Graham Company. RICO litigation against commercial insurance brokerage regarding insurance premiums
rebates.
Preferred Real Estate Investments v. Lucent Technologies, Inc. Litigation involving breach of contract to sell large commercial office campus.
G.E. Logisticom v. Vistar. Breach of contract litigation regarding satellite-based asset tracking system.
Norton-Griffiths v. Melanson. Litigation involving breach of covenant not to compete incident to the sale of equipment manufacturing business.
Franchise
Distribution Litigation
Jackson-Hewitt, Inc. v. Barnes Enterprises. Litigation involving termination of several franchise agreements
claims of Lanham Act violations.
Fujirebio Diagnostics, Inc. v. Pasteur-Sanofi. International ICC arbitration between parties to a cancer diagnostics manufacturing
distribution agreement.
Trans American Brokerage v. Mrs. Smith's Bakeries. Commercial arbitration involving claims for breach of exclusive international distribution contract
secured $11.2 million arbitration award that was subsequently confirmed by federal district court.
7-Eleven v. Khan. Represented franchise system operator in litigation against franchisee for violations of franchise agreement.
Cold Stone Creamery, Inc. v. Pin Knox, Inc. Represented national ice cream franchisor in trademark
copyright infringement litigation against terminated franchisee.
King of Prussia Equipment Corp. v. Power Curbers, Inc. Lead trial counsel in litigation pertaining to termination of distributor
secured defense verdict after bench trial, which was upheld on appeal to the U.S. Court of Appeals for the Third Circuit.
Cohen v. Stratis. Franchise litigation
arbitration involving claims arising out of violation of exclusive geographic territory by franchisor.
Dippold-Harmon v. Lowe's. Litigation involving claims of breach of contract
fraud between parties to a product
services-sourcing agreement.
Parmalat v. Natural Dairy Products, Inc. Litigation involving accounting dispute between parties to an organic milk marketing
distribution venture.
Duarte v. GNC. Class action franchise litigation involving breach of contract claims associated with pricing
discounting of products franchisor required franchisees to purchase.
Dunhill Temporary Systems Irving v. Dunhill Staffing Systems, Commercial arbitration involving claims of overcharges by franchisor's captive workers' compensation insurance company.
Carvel Corp. v. Baker, et al. Lead trial counsel in franchise litigation involving claims that sale of products through alternate channel of distribution violated duty of good faith
obtained jury awards in favor of clients in all cases tried.
Motor Vehicle Matters
Represented CIT, Inc. (d/b/a Chicago International Trucks), McGrenHo L.L.C. (d/b/a Indy Truck Sales), Indiana Mack Leasing, LLC,
Idealease of Chicago, LLC in a $143 million truck dealership sale to Rush Enterprises, Inc., which operates the largest network of commercial vehicle dealerships in North America.
Counseling of vehicle manufacturers including Hyundai/Kia, Argo, Power Curbers, Eagle Bus,
other interested parties including vehicle body manufacturers
vehicle rental companies on matters related to state motor vehicle dealer laws, dealership agreements,
dealership network management issues.
Mountain West Truck Center v. Hino. Represented truck dealer in dealership termination dispute with OEM before a state motor vehicle dealer board.
Southl
International of Louisiana LLC v. Navistar Inc. Represented heavy-duty truck dealer in dealership termination dispute with OEM before a state motor vehicle dealer board.
In re American Honda Dealer Relations Litigation. Represented group of auto dealers in RICO
common law MDL class action case involving claims related to allocation of vehicles
open points
class claims settled for in excess of $350 million.
Rantoul v. RDK Truck Sales & Service, Inc. Represented independent heavy truck
body dealer in accounting dispute between parties to a marketing venture.
Wieg
Mack Sales & Service, Inc. v. Mack Trucks, Inc. Represented heavy-duty truck dealer in antitrust
state motor vehicle dealer law case regarding allegations of discriminatory pricing
treatment as well as improper warranty reimbursement.
Vinel
Mitsubishi v. Mitsubishi Motors. Represented auto dealer in RICO
state motor vehicle dealer law case involving claims relating to opening
operation of dealership.
Intellectual Property Litigation
American Eagle Outfitters, Inc. v. Lyle & Scott, Limited. Represented international clothier in dispute arising out of trademark coexistence agreement.
Woodlark Circle, Inc. v. Stryker Corp. Represented trademark holder pursuing claims trademark infringement relating to medical specialty products.
Eggspectations Restaurants, LLC v. Hinkle-Albert Enterprises, Inc. Represented defendant/counterclaim plaintiff in copyright
trademark dispute regarding a chain of specialty restaurants.
Toledo Mack Sales & Services Inc v. Mack Trucks, Inc. Defended truck dealer against claims for copyright violation
theft of trade secrets related to an information database.
Kalan v. Woolworths. Defended large retailer in copyright litigation regarding consumer goods.
RDK Truck Sales & Service, Inc. v. McNeilus. Defended truck distributor against claim of trademark infringement arising out of use of truck body company logo on distributor's web site. Claims voluntarily dismissed with prejudice.
MTT v. S.I. Electric. Trade secret litigation regarding electric scooter design.