Walter R. Lancaster
Professional Profile
Walter is a trial lawyer who has spent most of his career 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, Mr. Lancaster has extensive experience in non-trial areas, including advising clients on E-discovery, discovery best practices, leading internal investigations on issues ranging from pre-suit counseling to compliance with the Foreign and Corrupt Practices Act ("FCPA") and writing and lecturing on the use of experts in trials. His treatise, Expert Witnesses in Civil Trials (Thomson West 2009-2010) is in its 8th year of publication.
Mr. Lancaster's cases have been featured 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 and has been featured on Fortune's list of Leading Lawyers.
Representative Matters
James Chizmar v. Warner Bros. Entertainment, Inc., Malpaso Productions (Norwalk, California)
Secured a unanimous jury verdict in favor of Warner Bros., finding that the studio was not to blame for career ending injuries sustained by a water safety diver on the set of the movie "Flags of Our Fathers" during filming in 2005. The plaintiff sought compensatory and punitive damages under a number of theories, including claims under the Jones Act, which effectively does away with proximate causation. The defendants won summary judgment on the punitive damages claim and went to trial on the remaining claims. After a four week trial, the jury found that Warner Bros. followed appropriate safe practices, was not negligent, and that the plaintiff bore sole responsibility for his injuries. Clint Eastwood's production company Malpaso had previously been dismissed at the end of plaintiff's case. The plaintiff had sought more than $10 million in damages.
United States v. W. R. Grace, et al. (Missoula, Montana)
Trial counsel in the largest environmental criminal trial in USEPA history. This case arose out of Grace's mining operations in Libby, Montana. The alleged toxic contamination of the town of Libby was the subject of a number of books and documentary movies. The government charged Grace and others with violating the Clean Air Act, Conspiracy to Defraud and Obstruction of Justice and sought criminal penalties in an amount that would have threatened the company's ability to emerge from Chapter 11. Served as lead counsel in defending the obstruction of justice charges. After a three month trial, Grace was found not guilty on all counts. The case was widely featured in various news media.
Fredericks of Hollywood v. Arthur Andersen, LLP (Los Angeles, California)
Trial counsel in Arthur Andersen's first audit malpractice case to go to trial post 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 $92,000,000 in damages. The trial lasted three months in Los Angeles state superior court. 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)
Trial counsel in 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. The plaintiff sought $100,000,000 in damages. 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."
Aetna Casualty & Surety v. Navistar (Chicago, Illinois)
Trial counsel for Navistar in insurance coverage business interruption trial. Two-week jury trial resulted in a defense verdict.
Armstrong v. General Motors Corp. (Paducah, Kentucky)
Trial counel for General Motors in three-week product liability jury trial involving serious injuries and alleging a defect involving restraint systems found in over 50,000,000 vehicles. After a three week jury trial obtained a complete defense verdict.
Beverly Enterprises v. Accenture (Little Rock, Arkansas)
Trial counsel in three-week jury trial in federal court. Plaintiff alleged breach of a systems implementation agreement. Defense verdict.
Parker v. General Motors Corp. (Eagle River, Wisconsin)
Trial counsel for General Motors in four-week product liability trial involving quadriplegia. Defense verdict.
In re Emerald Casino (Chicago, Illinois)
Represented 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. Trial counsel during multiple eveidentiary hearings and bench trial.
In re TWA Bankruptcy Proceeding (Wilmington, Delaware)
Trial counsel for TWA in adversary proceeding seeking to fend off Carl Icahn's efforts to take over the company and approve sale to American Airlines. After two-week bench trial the Court ruled in favor of TWA and approved the sale of TWA to American Airlines.
Tureck v. General Motors (Portland, Oregon)
Trial counsel for General Motors in lawsuit alleging defects in General Motors C/K pickup truck arising out of a post collision fuel fed fire. Plaintiff sought in excess of $1 billion in damages. Shortly after the trial began the court granted a number of General Motors' pre-trial motions and the case promptly settled.
Other representative matters
C/K Pickup Truck Litigation (Multiple venues)
Defended General Motors in more than 100 product liability lawsuits,including two trials, in state and federal courts where the plaintiffs alleged that the fuel tanks mounted outside the frame rails on its C/K pickup trucks were vulnerable to rupture during collisions and resulted in post-collision fuel fed fires.
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)
Represented Monsanto in breach of contract case arising out of the failed merger between Monsanto and D&P. Plaintiff claimed 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.
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)
Represented Accenture in breach of contract and fraud claim arising out of asset purchase agreement. Obtained dismissal of all claims.
Robinson v. Colgate Palmolive Company (Mingo County, West Virginia)
Represented Colgate in products liability case brought in Mingo County, West Virginia. 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.
Bandy v. Daewoo, et al (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.
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.
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.
Foreign and Corrupt Practices Act (Multiple investigations)
Conducted internal investigations concerning compliance with the FCPA.
Memberships & Affiliations
Member, Board of Directors, Executive Committee, Constitutional Rights Foundation
Publications
Expert Witnesses in Civil Trials: Effective Preparation and Presentation, Thomson West. 2009-2010 ed.
"Choosing Your Weapons: The Art of Expert Cross Examination," Journal of the Section of Litigation, Volume 24, Litigation (1997)
"Requiem for an Outmoded Legal Doctrine? Substantial Similarity in the Post-Daubert Era," Presentation at the General Motors Third Annual Products Liability Conference.
Courts
Trial Bar, U.S. District Court, Northern District of Illinois
U.S. District Court, Northern District of Illinois
U.S. District Court, Eastern District of Wisconsin
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Ninth Circuit
