Cases
Representative Matters: Antitrust Class Actions: In the Matter of Otto Bock Healthcare North America, Inc. - Lead trial counsel for leading medical technology manufacturer in action brought by Federal Trade Commission challenging the merger of two prosthetics manufacturers.
State of Connecticut, et al. v. Aurobindo Pharma, et al. - Represent generic pharmaceutical manufacturer in action brought by 40 state attorneys general alleging violations of antitrust
consumer protection laws in connection with the pricing of generic drugs.
UFCW Local 1500 Welfare Fund v. Dr. Reddy's Laboratories, Inc., et al. - Represent generic pharmaceutical company in putative antitrust class action.
International Union of Operating Engineers v. Aurobindo Pharma USA, Inc. - Defending generic pharmaceutical manufacturing in putative class action involving price fixing claims.
In re Automotive Parts Antitrust Litigation - Represent nation's largest network of heavy
medium duty truck dealerships in several antitrust class actions in large MDL proceeding involving claims for alleged price-fixing of vehicle parts.
In re Vehicle Carrier Services Antitrust Litigation -Represent truck
equipment dealers in antitrust class action arising out of alleged price fixing of ocean vehicle carrier services.
In re Ductile Iron Pipe Fittings ( DIPF ) Direct Purchaser Antitrust Litigation . Represent waterworks distributors in connection with price-fixing
exclusionary conduct claims against suppliers/manufacturers of pipe fittings.
Cumberl
Truck Equipment Co., et al. v. Detroit Diesel Corp. -Negotiated multimillion-dollar settlement in favor of class of truck dealers in antitrust class action arising out of termination of dealerships.
Mariana v. Fisher -Obtained dismissal of antitrust claims against state officials relating to settlement of tobacco litigation.
In re Plastic Additives Antitrust Litigation -Counsel to manufacturer in antitrust class action involving pricing of plastic additives.
Financial Institutions
Banking: Prukala v. NBT Bank NA - Represented financial institution in obtaining voluntary dismissal with prejudice of putative class action case filed under Fair Credit Reporting Act.
Berthelson v. NBT Bank NA - Representing financial institution in putative class action involving alleged failure to provide appropriate notice for repossession of automobiles under U.C.C.
NEFS v. U.S. Bank N.A. - Represented financial institution in obtaining dismissal of claims for breach of the duty of good faith
seeking indirect damages in connection with bank's decision to exit the student loan business.
Tepper v. Temple Inl
, Inc. et al. - Represented liquidation trustee in litigation arising out of spin-off
subsequent failure of Guaranty Financial Group, Inc. Negotiated settlement for trustee which included payment of $80 million
right to receive in excess of $275 million in tax refunds.
Adelphia Recovery Trust Litig. -Represented international bank client against multibillion-dollar claim for aiding
abetting fraud in connection with co-borrowing loan facilities.
Healthcare Litigation: Mathews v. Lancaster General Hospital, et al. -Represented defendant hospital in antitrust action arising out of peer-review proceeding. Summary judgment granted in favor of client.
Huhta v. Children's Hospital of Philadelphia, et al. -Represented defendant hospital in antitrust action arising out of decision by hospital to restrict privileges of physician. Summary judgment granted in favor of client.
In re Maine Health Alliance -Represented large regional hospital network in negotiating consent decree in connection with Federal Trade Commission investigation into alleged price fixing.
Chester County Hospital v. Independence Blue Cross, et al. -Represented hospital in antitrust case involving claim that defendant insurer violated section 2 of the Sherman Act.
Angelico v. Lehigh Valley Hospital, Inc., et al. -Lead trial counsel for defendant hospital in antitrust action brought by a cardiothoracic surgeon who alleged a group of hospitals had conspired to restrict his privileges. Jury returned a verdict in favor of client after a seven-week trial.
Franchise
Dealership: AFA Service Corporation - Represented Arby's Franchise Association in negotiating revision of terms of franchise agreement.
Treasure Isles v. YUM! Br
s -Represent multi-unit franchisee in case involving claims that franchisor failed to properly disclose information regarding co-br
ing of A&W
Long John Silver's restaurants.
In re Long John Silver's, Inc. -Represented Official Committee of Franchisees
franchisee association in renegotiating franchise agreement in connection with the bankruptcy of their franchisor.
Trans American Brokerage v. Mrs. Smith's Bakeries -Obtained $11.2 million award as lead counsel for international distributor in arbitration proceeding in case involving claims for breach of a distribution contract.
Broussard, et al. v. Meineke Discount Muffler Shops, Inc., et al. -Lead trial counsel in franchise class-action litigation involving claims of improper h
ling of advertising fund, resulting in a $390 million jury verdict in favor of clients. Case settled on confidential terms following appeal.
AAMCO Transmissions, Inc. v. Marino, et al. -Represented group of franchisees in litigation involving claims of inadequate training. Case settled on confidential terms.
Duarte v. GNC -Represented franchisees in class-action litigation involving claims of breach of contract arising from the pricing
discounting of products that the franchisor required franchisees to purchase.Negotiated $4.2 million class wide settlement for franchises.
Dunhill Temporary Systems Irving v. Dunhill Staffing Systems -Represented franchisee in an action for fraud
breach of contract arising from overcharges by the franchisor's captive workers' compensation insurance company.
Carvel Corp. v. Baker, et al. -Represented group of franchisees in litigation involving claims that sale of Carvel products in supermarkets violated the duty of good faith. Settled cases for $2.3 million.
Securities Litigation: Johnson v. Aegon USA, WMAS, et al. -Represented defendant brokerage firm in class-action securities fraud case arising out of sale of variable annuities. All claims against client dismissed by court.
In re Goodyear Tire & Rubber Co. Securities Litig. -Represented public company in securities fraud class action. Summary judgment granted in favor of client.
In re Bexar County Health Facilities Development Corp. -Represented national law firm in suit alleging that it violated securities law in connection with the preparation of offering statements for a bond offering.
Constitutional Litigation: Fox v. State University of New York -Represented students in First Amendment case brought before the U.S. Supreme Court involving a university regulation restricting commercial speech.
Provided advice regarding constitutionality of proposed city ordinance requiring English alphabet on business signs in Monterey Park, California for which the firm received the Pro Bono Service Award from Asian Americans Advancing Justice.
