Robert B. Ellis, P.C.

Product Liability/Class Action Matters

• In re East Palestine Train Derailment Litigation: Co-trial counsel for GATX in actions arising from East Palestine, Ohio train derailment and release of hazardous materials. After a month-long trial, jury found in favor of GATX and attributed 100% liability to Norfolk Southern.
• Painters and Allied Trades Dist. Council 82 Health Care Fund v. Takeda and Eli Lilly: Putative class action arising from marketing of the drug Actos.
• In re Insulin Pricing Litigation: Class action alleging violation of certain states’ consumer fraud acts in connection with insulin marketing and pricing.
• Andrews v. USPI and Tenet Healthcare: Class action alleging breach of contract in connection with valuation of stock option plans.
• Chung v. Pure Fishing: Consumer fraud class action regarding allegedly deceptive labeling. Motion to dismiss granted.
• Kemp v. Nationstar Mortgage LLC, et al.: Putative class action alleging improper mortgage inspection fees.
• Tuttle, et al. v. Audiophile Music Direct, Inc.: Putative class action alleging mislabeling of analog music recordings.
• Stiles v. Mobile Fidelity Sound Lab, Inc.: Putative class action alleging mislabeling of analog music recordings.
• Gorny v Wayfair: Counsel for Wayfair in putative nationwide consumer fraud class action. Motion to compel arbitration granted.
• George, et al. v. Omega Flex, Inc., et al.: Defended manufacturer of CSST flexible steel gas piping system in putative consumer fraud class action.
• Raqqa, et al. v. Northstar and Scientific Games: Counsel for Scientific Games in putative nationwide consumer fraud class action alleging misstatements regarding instant lottery tickets.
• Becerra v. GM: Counsel for General Motors in putative class action alleging defects in light duty pickup truck headlights.
• Tolmasoff v. GM: Counsel for General Motors in putative consumer fraud class action alleging errors in fuel economy statements in vehicle window stickers.
• In re General Motors Corp. Dex-Cool Products Liability Litig., MDL No. 1562: Counsel for General Motors Corporation in numerous putative product liability class action lawsuits alleging defects in Dex-Cool coolant and certain intake manifold gaskets. Motion for nationwide class certification denied.
• Daniel v. Aon Corp.: Counsel for Aon Corporation in class actions related to investigation of New York Attorney General into insurance brokerage contingent commissions.
• Berry v. OmegaFlex: Counsel for Omegaflex, manufacturer of CSST flexible steel gas piping systems, in putative nationwide product liability class action.
• In re General Motors Corp. Vehicle Paint Litig., MDL No. 1392: Putative product liability class actions alleging defects in vehicle paint.
• Petlack v. S.C. Johnson: Putative deceptive trade practice and consumer fraud class actions alleging improper “green” labeling.
• Hayes v. General Motors Corp.: Putative product liability class action alleging defects in vehicle paint.
• Bissell v. Nissan: Trial counsel in product liability action in New York state court involving rollover accident.
• Edwards v. General Motors Corp.: Putative product liability class action alleging defects in coolant and intake manifold gaskets.
• General Motors Corp. Corvette Steering Column Litigation: Consolidated class actions involving allegations of defective electronic locks on Corvette steering columns.
• Birner v. General Motors Corp.: Putative product liability class action alleging defects in Corvette steering columns.
• Lauer v. General Motors Corp.: Class actions involving alleged defects in vehicles with certain high-performance tires.
• King v. Verizon Wireless: Putative consumer fraud and deceptive trade practice class action regarding roaming charges.
• Cook v. Verizon Wireless: Putative consumer fraud and deceptive trade practice class action regarding billing for voice dial services.
• Rubel, et al. v. Pfizer Inc.: Putative class action relating to off label use of the drug Neurontin.
• Durant v. ServiceMaster Co.: Counsel for ServiceMaster and TruGreen in purported nationwide consumer fraud class action involving fuel surcharge.
• Karpowicz v. General Motors: Purported nationwide product liability class action. Summary judgment on behalf of General Motors.
• In re General Motors Anti-Lock Brake Product Liability Litig., MDL No. 1129: Putative nationwide class actions alleging defects in anti-lock brakes.
• Folkerts, et al., v. Ameritech; Todt, et al. v. Ameritech: Counsel for Ameritech in obtaining approval of class action settlement in complex multistate class actions.
• Lipinski v. General Motors: Counsel for General Motors. Obtained dismissal with prejudice of purported statewide class action involving allegations of engine defects.
• Meyers v. General Motors: Counsel for General Motors. Obtained dismissal of purported nationwide class action involving allegations of brake defects.
• North v. American Suzuki: Represented American Suzuki in purported class action alleging stability defects in certain vehicles. Successfully remove action to federal court and defeated motion to remand. Plaintiffs subsequently dismissed the case with prejudice.

Commercial Litigation Matters

• In re Aéropostale, Inc., et al.: Trial counsel for Sycamore Partners in Aéropostale bankruptcy in which unsecured creditors sought to equitably subordinate and recharacterize Sycamore’s $150 million term loan. Judgement entered in favor of Sycamore on all counts.
• Gartner v. Aon (S.D.N.Y): Counsel for Aon in professional liability action arising from cancellation of Gartner conferences and events due to Covid.
• Nippon Sheet Glass v. Aon (S.D.N.Y): Counsel for Aon in professional liability action arising from wind damage to NSG’s sheet glass factors.
• Northrop Grumman Corp. v. Aon: Counsel for Aon in professional liability action arising from Northrop’s Hurricane Katrina-related losses at its shipyards in Louisiana and Mississippi.
• CRC Insurance Services v. Ryan Specialty Group: Counsel for Ryan Specialty Group in non-compete litigation that arose after over 100 employees resigned from a competitor to join Ryan Specialty. Preliminary injunction denied.
• Simon Property Group v. Aon: Counsel for Aon in professional liability action arising from damage to the Opry Mills Mall after the historic 2010 flooding of the Cumberland River in Nashville, TN.
• Stewart v. Bolthouse: Counsel for Bolthouse in post-purchase dispute filed by former executives over share repurchase.
• Brown & Brown, Inc. v. Assured Agencies: Counsel for insurance brokerage Assured Agencies in non-compete and trade secret litigation. No preliminary injunction issued; case settled favorably.
• Veolia ES Industrial Services v. Hydrochem: Counsel for Hydrochem in non-compete action. No preliminary injunction issues; case settled favorably.
• Newport Associates Dev. Co. v. Aon: Counsel for Aon in professional liability action arising from environmental contamination at the Newport Development in New Jersey. Case settled favorably.
• TIG Ins Co. v. Aon Re: Counsel for Aon Corporation in professional liability lawsuit arising from placement of reinsurance for workers’ compensation claims. Judgment for Aon after trial.
• Willis v. Aon Corp.: Successfully defended Aon Corporation in employment dispute alleging intentional inference with employment contract.
• Johnson Controls v. Exide: Counsel for Exide in dispute involving allegations of tortious interference with contract, RICO and commercial bribery arising out of competitive bidding for a supply contract. Obtained dismissal with prejudice of all but one count on statute of limitations grounds; plaintiffs voluntarily dismissed the remaining count.
• Stone Container Corp. v. Aon: Counsel for Aon in professional liability action arising from explosion at pulp manufacturing facility. Summary judgment on statute of limitations grounds; affirmed on appeal.
• Napleton v. General Motors: Counsel for General Motors in action alleging breach of a real estate lease agreement for property housing GM training center. The Seventh Circuit affirmed the trial court’s order dismissing the case.
• Lawson v. General Motors: Counsel for General Motors at trial in this case brought by a GM dealer for alleged breach of the parties’ franchise agreement. Successfully opposed effort to have the case remanded to state court. The case settled favorably during trial.