Representative Matters

Product Liability

Trial counsel for pharmaceutical manufacturer in Daubert proceedings involving anticoagulant drug. Summary judgment and Daubert motions granted in favor of defendant manufacturer on several categories of claims.

Represented pharmaceutical company in litigation alleging product caused lymphoma. Summary judgment granted in favor of defendant manufacturer along with companion Daubert motion seeking exclusion of opinions of plaintiffs' warnings expert.

Represented breast implant manufacturer on appeal in successful defense of summary judgment and Daubert rulings excluding plaintiffs' expert evidence as unreliable.

Represented pharmaceutical manufacturer in case alleging diabetes medicine caused pancreatic cancer. Case voluntarily dismissed after motion filed.

National counsel in successful defense of product liability litigation involving anti-obesity medication. Summary judgment granted on all claims.

National counsel to defendant holding company in RICO action brought by Department of Justice seeking billions of dollars from various tobacco manufacturers. Successfully negotiated voluntary dismissal of client from the litigation.

Represented tobacco company in cases brought by state governments seeking health care cost recovery. Cases settled and/or client dismissed from the litigation.

Defended manufacturer in action alleging that its corrugated stainless-steel tubing was defective and caused house fire. Court granted partial summary judgment and partially excluded plaintiff's expert testimony. Case subsequently tried to defense verdict.

Represented tobacco manufacturer in case brought by asbestos trust seeking cost recovery. Case resulted in mistrial and was subsequently dismissed.

Environmental and Toxic Tort

Supervised defense in cases brought against government agency by states, the Navajo Nation, and private individuals resulting from environmental contamination allegedly caused by contractors, including settlement with the State of Nevada.

Supervised defense of litigation alleging government agency failed to adequately regulate water supplied to the City of Flint, Michigan, resulting in unacceptable levels of lead exposure.

Represented chemical manufacturer defending property damage claims alleging groundwater contamination.

Represented chemical manufacturer defending property damage claims relating to release of dioxin from manufacturing facility. Court granted summary disposition in client's favor on all claims, ending the litigation.

Represented contractors involved in building and operating nuclear weapons facilities in successful defense of actions alleging exposure to nuclear waste materials and other toxic substances. Claims tried to mixed verdicts.

Represented defendant contractors in litigation regarding alleged injuries due to waste materials from nuclear weapons facility. Summary judgment granted in favor of defendant.

Represented chemical manufacturer in cases alleging personal injuries as a result of alleged exposure to fumes from chemical release at a manufacturing facility.

Bankruptcy and Restructuring

Filed statements of interest on behalf of government agency in multiple asbestos bankruptcy proceedings urging transparency and supporting broad discovery of claimants and asbestos trusts in order to reliably estimate debtors' asbestos liabilities.

Trial counsel for creditors in connection with the City of Detroit's Chapter 9 case, the largest-ever municipal bankruptcy filing. 

Appellate counsel for breast implant manufacturer in appeals defending various rulings regarding payments made under manufacturer's Chapter 11 plan of reorganization.

Represented manufacturer facing nationwide asbestos-related liability inside Chapter 11, resulting in successful reorganization.  Continued to represent manufacturer in post-confirmation appeal brought by claimants challenging denial of certification of class of asbestos property damage claimants.  Claimants' appeal dismissed.

Represented boiler manufacturer in Chapter 11 reorganization involving asbestos claims, resulting in successful reorganization.

Represented automobile manufacturers seeking to transfer asbestos-related claims to Federal-Mogul Chapter 11 proceedings.

Trial counsel in Chapter 11 proceedings on behalf of debtor airline. Successfully reduced creditor's claim by approximately $700 million.

Commercial

Represented technology company in case alleging breach of contract governing an SAP implementation project. Case settled.

Trial counsel for technology company in contract dispute with the State of Indiana. After a six-week bench trial, the court rejected all claims the State brought against client, including the State's claim for more than $1.3 billion in damages, and awarded client approximately $62 million in termination payments and prejudgment interest.

National counsel in litigation brought by tobacco company against state governments regarding more than $1 billion in payments under the Master Settlement Agreement. Successfully obtained rulings compelling arbitration of dispute in trial courts in over 40 states and successfully defended rulings on appeal.

Represented company in lawsuit filed in Delaware Chancery court alleging that company breached merger agreement to acquire target for $15 billion in cash plus other consideration. Case settled.

Trial and appellate counsel defending tobacco company in dispute over settlement agreement brought by the State of Texas seeking to block pending merger. Case decided by trial court in favor of defendant after evidentiary hearing. Decision affirmed on appeal.

Represented tobacco manufacturer defending antitrust and constitutional challenge to the Master Settlement Agreement. Case dismissed.

Represented defendant contractor in lawsuit seeking compensation for oil drilling equipment lost in maritime accident. Case dismissed.

Represented insurance company in multidistrict class action litigation brought by policyholders regarding increase in insurance premiums. Case settled.

Represented corporation in appeal regarding contractual indemnification in Illinois Court of Appeals.

Represented telephone company in consumer fraud class action brought in Illinois state court regarding alleged overbilling.

Cybersecurity and Data Privacy

Represent consumers in data privacy litigation against companies providing online video editor.

Represented consumers in data privacy litigation against online retailer.

Securities and ERISA

Represented corporation defending lawsuit alleging various violations of the securities laws. Case dismissed.

Represented accounting firm defending claims that cash balance pension plan violated Employee Retirement Income Security Act. Motion to dismiss granted on all claims.

Represented investment bank in dispute with regulators regarding alleged research analyst conflicts of interest. Settlement reached.

Intellectual Property

Represented company in litigation brought by former supplier alleging misappropriation of trade secrets. Case settled.

Constitutional And Other Litigation

Supervised defense of government agency in litigation arising out of a wildfire in the Great Smoky Mountains National Park that spread beyond the park's boundary, killing 14 people, injuring more than 160 others, and damaging or destroying thousands of buildings in Gatlinburg and surrounding Sevier County, Tennessee.
 
Represented city in defense of litigation challenging the constitutionality of pension reform legislation.

Represented government official in successful defense of action brought by the Illinois Attorney General seeking to void commutation orders.  Commutations affirmed by the Illinois Supreme Court.

Filed amicus brief in the Supreme Court of the United States on behalf of organization supporting the constitutionality of Ohio business tax credit.

Filed amicus brief in the Ohio Supreme Court on behalf of organization challenging city's use of its eminent domain power.

Filed amicus brief in the Supreme Court of the United States challenging regulation that imposed fee on vehicles conducting intrastate operations as a violation of the Commerce Clause.

Represented client defending class action claims for slavery reparations. Summary judgment granted in favor of client.

Represented corporation defending lawsuit alleging racial discrimination in sale of gasoline service stations. Summary judgment granted on all claims.

Pro Bono

Represented multiple criminal defendants and civil plaintiffs on a pro bono basis in appeals before the Sixth, Seventh, Ninth, and Eleventh Circuits and in proceedings on remand.

Represented client in copyright dispute involving religious texts. Case settled.