Walter R. Lancaster
Professional Profile
For the past 20 years, Walter Lancaster has been trying cases in state and federal courts across the country. He has had a broad based trial practice involving complex tort and commercial disputes with substantial experience in tort, product liability, professional liability, contract and insurance cases. Additionally, Walter has extensive experience in non-trial areas, including advising clients on E-discovery, document retention protocols and best practices and leading internal investigations on issues ranging from compliance with the Foreign and Corrupt Practices Act ("FCPA") to pre-suit counseling.
Walter's trial accomplishments have been widely chronicled in the National Law Journal, The Wall Street Journal, The Chicago Lawyer, The Texas Lawyer, and the Chicago Tribune. He is 3-0 against firms that have been named to the National Law Journal's Annual Plaintiffs' "HOT LIST," which identifies the dominant plaintiffs' firms in the country. He has been featured on Fortune's list of Leading Lawyers and is the author of the legal treatise, Experts Witnesses in Civil Trials, which Thomson West has renewed for its 5th year of printing (2007-2008 ed.)Representative Matters
Fredericks of Hollywood v. Arthur Andersen, LLP (Los Angeles, California)
This was Arthur Andersen's first, and only, audit malpractice case to go to trial since its conviction for obstruction of justice in the Enron matter. FOH alleged that AA auditors, inspecting the company's 1998 records, failed to detect fraudulent activity that masked the company's deteriorating condition. Further, FOH alleged that the subsequent 1999 AA audit team attempted to cover up the failure of the prior team and ultimately refused to issue an audit report without a full release of all liability for the benefit of AA. FOH sought $92 million in damages. The trial lasted three months in Los Angeles state court before Judge Person. The jury returned a defense verdict, finding that AA was not the proximate cause of FOH's financial failure.
Boley v. General Motors Corp. (Cook County, Illinois)
Post-collision fuel fed fire case alleging that certain General Motors vehicle fuel systems were prone to siphoning and other alleged defects. Prior to trial, NBC News Channel 5 ran a two-night expose on the "siphoning" issue titled: "Too Small A Price to Pay for Safety?" The Boley case, their attorneys and experts were featured prominently in the segment. The trial lasted three weeks in Cook County Circuit Court before the Hon. John Morrissey. The jury returned a defense verdict for GM. The case was featured by the National Law Journal as the "Defense Verdict of the Month" and one of the "Top Defense Verdicts of the Year."
Bandy v. Daewoo (Los Angeles, California)
Products liability case involving chemical burns. Plaintiff sued Daewoo and General Motors under products liability theories and also sued GM under various joint venture and successor liability theories. After extensive pre-trial motion practice and factual work up of the relationship between Daewoo and GM (and GM relative influence on the design of the Daewoo car at issue), the plaintiffs ultimately agreed to dismiss GM from the case for a nominal amount.
Medline Industries v. Maersk Medical, Tyco Healthcare et al. (Chicago, Illinois)
In this lawsuit in federal court in the Northern District of Illinois, Medline sued a number of defendants claiming that it owned the exclusive distribution and use rights to a proprietary line of wound care products. The contracts at issue involved U.S., English and Scots law. Extensive discovery took place in the United States and Europe. Mr. Lancaster headed up the joint defense and the defendants won summary judgment.
Delta & Pineland v. Monsanto Corporation (Bolivar, Mississippi)
Representing Monsanto in breach of contract case arising out of the failed merger between Monsanto and D&P. Plaintiffs claim approximately $2 billion in damages. Case settled before trial.
Bradfield, et al., v. Port of Los Angeles, et al. (Los Angeles, California)
Toxic tort case brought by residents of San Pedro against more than 200 defendants alleging injury from toxic emissions, including diesel, from the Port of Los Angeles. Lead counsel for the "Engine Manufacturers" subgroup. Brought successful demurrer challenge to plaintiffs' claims.
Aetna Casualty & Surety v. Navistar (Chicago, Illinois)
Represented Navistar in insurance coverage business interruption trial. Two-week jury trial resulted in a defense verdict.
McCabe et al., v. Accenture (Madison, Wisconsin)
Represented Accenture in lawsuit brought by various members of the public and elected officials seeking to void a $26 million contract between the State of Wisconsin and Accenture concerning the implementation of a state-wide electronic voting system. Won summary judgment.
Osan Ltd. v. Accenture (New York, New York)
Representing Accenture in breach of contract and fraud claim arising out of asset purchase agreement. Obtained dismissal of all claims.
In re Emerald Casino (Chicago, Illinois)
Representing Emerald Casino on multiple fronts against efforts by the State of Illinois to revoke its gaming license that the State has valued at over $500 million. Multiple proceedings are pending in state and federal court.
In re TWA Bankruptcy Proceeding (Wilmington, Delaware)
Represented TWA in adversary proceeding seeking to fend off Carl Icahn's efforts to take over the company. After two-week bench trial the Court ruled in favor of TWA and approved the sale of TWA to American Airlines.
Foreign and Corrupt Practices Act (Multiple investigations)
Conducted internal investigations concerning compliance with the FCPA.
Robinson v. Colgate Palmolive Company (Mingo County, West Virginia)
Represented Colgate in products liability case brought by Marvin Masters. The first time the case went to trial the judge dismissed the entire venire after Colgate introduced evidence that the venire was unfit. The case subsequently settled.
C/K Pickup Truck Litigation (Multiple venues)
Defended General Motors in more than 100 product liability lawsuits in state and federal courts concerning the design of its C/K pickup trucks involved in post-collision fuel fed fires.
Beverly Enterprises v. Accenture (Little Rock, Arkansas)
Three-week jury trial in federal court. Plaintiff alleged breach of a systems implementation agreement. Complete defense verdict.
Cooper v. General Motors Corp. (Grand Rapids, Michigan)
Represented General Motors in three-week product liability jury trial involving catastrophic head and lower extremity injuries. Defense verdict.
Armstrong v. General Motors Corp. (Paducah, Kentucky)
Represented General Motors in three-week product liability jury trial involving serious injuries. Defense Verdict.
Benham Coal Company v. Navistar (Harlan, Kentucky)
Retained after Navistar was hit with a $4 million jury verdict in breach of contract and quantum meruit case. Obtained JNOV and preserved win on appeal.
Ceiling Interior Systems and Supply, Inc. v US Gypsum Company (Seattle, Washington)
Represented USG in case involving terminated distributor. Distributor brought an 11 count action alleging inter alia, violation of the Sherman Act, breach and tortious interference. Obtained summary judgment and preserved win before the Ninth Circuit.
Parker v. General Motors Corp. (Eagle River, Wisconsin)
Represented General Motors in four-week product liability trial involving quadriplegia. Defense verdict.Memberships & Affiliations
Member, Board of Visitors, Northern Illinois University School of Law
Member, Board of Directors, Constitutional Rights FoundationPublications
Expert Witnesses in Civil Trials: Effective Preparation and Presentation, Thomson West. 2007-2008 ed.
"Choosing Your Weapons: The Art of Expert Cross Examination," Journal of the Section of Litigation, Volume 24, Litigation (1997)
"Requiem for and Outmoded Legal Doctrine? Substantial Similarity in the Post-Daubert Era," Presentation at the General Motors Third Annual Products Liability ConferenceCourts
Trial Bar, United States District Court for the Northern District of Illinois
United States District Court for the Northern District of Illinois
United States District Court for the Eastern District of Wisconsin
United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Ninth Circuit
