Complex & Commercial Litigation
In re Recalled Abbott Infant Formula Products Liability Litigation (MDL No. 3037) — Counsel for Abbott in successful motion to dismiss economic loss claims of consumers who alleged overpayment from purchase of powdered infant formula at supposed risk of contamination. With this opinion, Kirkland secured full dismissal of all 14 consumer class actions that have been filed related to the February 2022 recall of powdered infant formula manufactured at Abbott’s Sturgis, Michigan facility.
Smartmatic v. Fox Corporation, et al. (N.Y. Sup.) — Counsel for Fox Corporation and Fox News, and certain of its on-air commentators, in a defamation lawsuit concerning Fox News’s coverage of the 2020 Presidential Election.
Florida v. Georgia, No. 142 - Orig. (S. Ct.) — Counsel for Georgia in rare “original jurisdiction” water-rights dispute against Florida, in which Georgia prevailed in a 9-0 decision in the United States Supreme Court. The case was featured in the December 2019 The Atlanta Journal-Constitution article, “Georgia Wins Major Victory in Legal Fight with Florida Over Water Use,” and the March 2021 Wall Street Journal article, “Supreme Court Backs Georgia in Water Dispute with Florida.”
Mattwaoshshe v. NextEra Energy (D.D.C.) — Counsel for NextEra Energy and its subsidiaries in action alleging negligence and nuisance from construction of wind-generation project. Successfully defeated TRO and obtained complete dismissal of lawsuit.
Trial counsel for Merit Energy in various actions in federal court and before arbitration panels regarding terms of oil & gas leases.
Trial counsel for Gulfport Energy Company in various actions in federal and state courts and before arbitration panels regarding royalty-payment calculations under oil & gas leases.
Additional Supreme Court and Appellate Experience
Friends of the Earth v. Sanderson Farms (9th Cir.) — Appellate counsel for Sanderson in action challenging Sanderson’s “100% Natural” advertising. The Ninth Circuit unanimously affirmed the district court’s dismissal of the action for lack of organizational standing. As a result, the Kirkland team was named a “Litigator of the Week” runner-up for the week of March 29, 2021.
Holguin-Hernandez v. United States (S. Ct.) — Counsel for court-appointed amicus in merits case defending the Fifth Circuit’s holding that unpreserved challenges to the substantive reasonableness of a criminal sentence must be reviewed for plain error.
Bailey v. Wainwright (6th Cir.) — Briefed and argued habeas appeal before the Sixth Circuit.
Reid v. United States (10th Cir.) — Briefed Federal Tort Claims Act appeal and obtained remand for client upon Government’s confession of error and request for voluntary remand.
Bankruptcy Litigation
Chesapeake Energy (Bankr. S.D. Tex.) — Trial counsel for Chesapeake Energy in three-week valuation trial, defeating unsecured creditors’ objection to confirmation of Chesapeake’s plan of reorganization.
