Proctor v. Safeway: Co-lead counsel securing dismissal of False Claims Act suit challenging Medicare and Medicaid submissions over nine-year period. Recognized as “Litigator of the Week” for result.
Realogy v. SIRVA: Lead counsel securing dismissal of claims seeking to force closing of $400 million merger. Recognized as “Litigator of the Week” for result.
Right Field Rooftops v. Chicago Cubs: Lead counsel for Chicago Cubs in successfully defeating preliminary injunction request and underlying breach of contract and antitrust claims regarding Cubs’ expansion of Wrigley Field; affirmed on appeal by Seventh Circuit.
US ex rel Colquitt v. Abbott Labs.: Successfully co-led three-week, False Claims Act jury trial in federal court in Dallas seeking over $1 billion for alleged Medicare fraud. Jury returned complete defense verdict after three hours of deliberation.
City of St. Louis v. Los Angeles Rams: Lead counsel defending Rams and its owner in action challenging team’s relocation to Los Angeles.
ASEA v. St. Jude Medical: Lead counsel securing dismissal with prejudice of nationwide class action alleging multiple product liability theories and seeking hundreds of millions of dollars in reimbursement costs.
Olhausen v. Abbott: Lead counsel securing dismissal of False Claims Act suit in Florida seeking hundreds of millions of dollars. Court dismissed the Relator’s claims at the pleading stage without leave to amend.
Tonti v. Avee Laboratories: Lead counsel securing dismissal on summary judgment in insurance fraud case brought by alleged “whistleblower” under the California Insurance Fraud Prevention Act.
Frager v. Chicago Cubs: Lead counsel for Chicago Cubs in successfully defeating season ticket renewal claims brought by ticket broker. Claims dismissed with prejudice.
Tronox v. Anadarko Petroleum: Successfully co-led four-month trial to verdict against Kerr-McGee and Anadarko challenging spin off of Tronox as a fraudulent conveyance. Obtained judgment for up to $14 billion. Case settled for over $5 billion.
G. William Hunter v. Derek Fisher et al.: Lead counsel in successful defense of former NBA player and President of NBPA in litigation brought by the former Executive Director of the union. All fourteen claims dismissed at pleading stage and attorneys’ fees awarded under anti-SLAPP statute.
CM Dukes v. ExxonMobil: First-chaired breach of contract and fraud jury trial for Exxon in South Carolina state court. Complete defense verdict — no liability and no damages.
Liberty Petroleum v. ExxonMobil: First-chaired breach of contract injunction trial for Exxon in Virginia state court. Following trial, court ruled in Exxon's favor on every element of injunction standard and denied injunction. Related arbitration against Exxon voluntarily dismissed in light of court findings.
United Airlines Arbitration: First-chaired breach of contract arbitration trial for United challenging the bankruptcy-related savings by United's salaried and management employees. Arbitration award for United — no liability and no damages.
Abbott Laboratories v. Alere: Secured $500 million reduction in purchase price settlement of dispute of Abbott’s proposed $5.8 billion acquisition of Alere.
ExxonMobil v. WorleyParsons: Lead counsel for ExxonMobil securing $78 million publicly-reported settlement in breach of contract arbitration against WorleyParsons relating to engineering services for topsides platform to oil rig.
Andren v. Alere: Lead counsel securing dismissal of false advertising class action in California.
Elliott-Lewis v. Abbott: Lead counsel securing dismissal of False Claims Act and retaliation suit in Massachusetts.
Allen v. Alere: Lead counsel securing dismissal of False Claims Act suit in Massachusetts.
Motorsports Racing Plus v. Polaris: Represented Polaris Industries in antitrust boycott action involving snowmobile racing. Summary judgment for Polaris granted; affirmed by Minnesota Court of Appeals and Minnesota Supreme Court.
ABN AMRO Class Action: Lead counsel for ABN AMRO in putative class action derivative suit seeking $60 million in lost profits and separate suit against individual directors. Claims in derivative suit dismissed with prejudice at pleading stage. Claims in individual action dismissed on summary judgment; argued appeal before Illinois Appellate Division, Fourth District, which affirmed.
In re United Airlines: Trial counsel for United Airlines in dispute over modifications to collective bargaining agreements, retiree medical benefits and pension plans. Trial and litigation secured industry-leading modifications and cost savings.
Miracle Strip v. ExxonMobil: Lead counsel securing dismissal of contract and consumer protection class action in Florida.
ExxonMobil dealer disputes: Successfully represented ExxonMobil in class action and individual dealer disputes in New York, Florida, Michigan and Texas. Summary judgment granted in Michigan, New York and Florida cases; class certification in Texas case reversed by Texas Supreme Court.
MLS v. U.S. Soccer Federation Board of Directors: Lead counsel securing dismissal of suit challenging Board decisions in state court in New York.
Raytheon product liability cases: Trial counsel for Raytheon in product liability actions in Western District of Texas alleging cancer from ionizing radiation from Hawk missile system. Successfully defeated claims of first two plaintiffs. Claims brought by remaining 40+ plaintiffs voluntarily dismissed.
Propane Trading Manipulation Cases: Co-lead defense and successfully negotiated direct purchase and indirect purchaser class action settlements in disputes concerning allegations of propane trading manipulation.
Lincoln Benefit Life Co. v. eWealth USA, Argent Capital Corp.: Trial counsel for Lincoln Benefit in breach of loan agreement claim and in defense against a $2 billion counterclaim for breach of contract and lender liability; won case on all claims; trial verdict affirmed by Eighth Circuit.
Goodman v. Arriva: Lead counsel defending DOJ-intervened False Claims Act suit in Tennessee.
Miller v. AbbVie: Lead counsel securing dismissal of False Claims Act suit in Texas.
LaFauci v. AbbVie: Lead counsel securing dismissal of False Claims Act suit in New Jersey.
Suarez v. AbbVie: Lead counsel defending False Claims Act suit in Illinois.
California Department of Insurance v. AbbVie: Lead counsel defending alleged insurance fraud suit brought by California in Alameda County state court.
MSP Recovery Claims v. Abbott: Lead counsel defending RICO and consumer protection suit in federal court in New Jersey.
7-Eleven appeal: Successfully argued appeal for 7-Eleven after retention following adverse jury verdict awarding forfeiture of property across from Wrigley Field. Jury verdict overturned and judgment reversed in favor of 7-Eleven as a matter of law.