Cases
Noteworthy Representations: Represent more than 500 plaintiffs who allegedly suffered femur fractures after taking the drug Fosamax in lawsuits against Merck. Successfully obtained reversal in the Third Circuit of trial court MDL ruling that each of plaintiffs' claims were preempted by federal law. Represented plaintiffs-respondents on certiorari review by the Supreme Court of the United States. The Supreme Court rem
ed
held that the preemption defense required showing that an FDA action taken pursuant to congressionally delegated authority prohibited the defendant from adding an adequate warning under state law. In re Fosamax (Alendronate Sodium) Products Liability Litigation (3d Cir.) / Merck v. Albrecht (U.S. Supreme Court)
Represented petitioner members of an employee 401(k) plan with claims under ERISA in the Supreme Court of the United States. Obtained 9-0 ruling that petitioners' claims were timely, where petitioners alleged
presented evidence that respondents had breached their fiduciary duty to monitor trust investments
remove imprudent investments within the limitations period. Tibble v. Edison International (U.S. Supreme Court)
Represented plaintiff-respondent at the Supreme Court of the United States in case concerning the application of American Pipe tolling to subsequent class actions. China Agritech, Inc. v. Resh (U.S. Supreme Court)
Represented National Credit Union Administration, as liquidating agent, in lawsuits against defendants including Credit Suisse
UBS, regarding claims that defendants violated securities laws in conjunction with the issuance of residential mortgage-backed securities. Each case settled before trial. (S.D.N.Y.
D. Kan.
C.D. Cal.)
Represented iHeartCommunications, Inc. in a dispute with noteholders who had issued notices of default to iHeart on more than $6 billion in debt. Obtained temporary restraining order rescinding the notices of default
, after an expedited trial on the merits, won a declaratory judgment that the indentures governing iHeart's notes permitted the challenged transaction
also won a permanent injunction rescinding the notices of default. Obtained affirmance of trial court's judgment on appeal. iHeartCommunications, Inc. v. Benefit Street Partners (Tex. Dist. Ct. Bexar Cnty. / Tex. Ct. App. 4th Dist.)
Represent AT&T in litigation in dozens of state
federal jurisdictions regarding billing, collection,
remittance of 911 charges. Successfully obtained dismissals of more than a dozen cases, including through favorable rulings from several state supreme courts. On primary jurisdiction referral, obtained declaratory ruling from Federal Communications Commission that state
local laws that impose higher 911 charges on Voice over Internet Protocol (VoIP) customers than on traditional telephone customers are preempted by federal law. (various jurisdictions, including Federal Communications Commission)
Represent retailer sued under Fair
Accurate Credit Transaction Act (FACTA) for allegedly printing too many digits of credit card numbers on receipts. Successfully obtained dismissal of state court lawsuit for lack of st
ing, one of the first state court rulings to apply Spokeo, Inc. v. Robins to dismiss a FACTA lawsuit. Nowe v. Essex Technology Group, LLC (Ga. Super. Ct. Cobb Cty. / N.D. Ga.)
Represent National Retail Federation, Chamber of Commerce of the United States,
International Franchise Association in filing amicus curiae briefs in various courts of appeals regarding st
ing for violations of the Fair
Accurate Credit Transactions Act (FACTA). Muransky v. Godiva Chocolatier, Inc. (11th Cir.) / Kamal v. J. Crew Inc. (3d Cir.)
Represent private equity company asserting a claim under a representations
warranties insurance policy for breach of a representation stating that no event had occurred causing a material adverse effect. Negotiate confidential settlement of claim.
