T.J. McCarrick

Class Action Litigation

• VanCleave v. Abbott Laboratories — Trial counsel for Abbott in successful 17-day trial in California state court defending consumer class action challenging labeling of PediaSure children’s nutritional drinks. Plaintiffs contended that the label misled consumers into believing that PediaSure was healthy and nutritious, when it allegedly was not on account of its sugar content. After nearly six years of litigation, jury returned complete defense verdict in Abbott’s favor. This followed successful summary judgment briefing and argument eliminating Plaintiffs’ full-refund and punitive damages requests. Victory earned Litigator of the Week honors from The American Lawyer.
  
• Bates v. Abbott Laboratories — Secured dismissal of consumer class action in the U.S. District Court for the Northern District of New York alleging false and misleading labeling of Ensure adult nutritional drinks on account of the products’ sugar content. The district court held that none of the challenged labeling statements made any representation about sugar and, in any event, the label disclosed the product’s sugar content. Dismissal affirmed across the board in a unanimous opinion from the U.S. Court of Appeals for the Second Circuit. The appellate victory garnered a “shout out” from The American Lawyer.
• Smith v. Abbott Laboratories — Successfully briefed and argued motion to dismiss in false advertising case in the United States District Court for the Eastern District of New York alleging that the labeling of Abbott’s Go & Grow by Similac was deceptively similar to the labeling of infant formula.
• La Fosse et al. v. Sanderson Farms — Secured voluntary dismissals with prejudice from named plaintiffs in putative class action of consumers alleging false advertising of poultry products. As part of the stipulated dismissal, plaintiffs conceded that ‘after a considerable expenditure of legal resources and a detailed review of the facts and law,” they determined to voluntarily dismiss the remaining claims and acknowledged that Sanderson and not paid them any consideration or provided any other form of relief.
• Friends of the Earth v. Sanderson Farms, Inc. — Secured dismissal on behalf of Sanderson in action in the United States District Court for the Northern District of California, which challenged Sanderson’s “100% Natural” advertising. Plaintiffs abandoned allegations related to USDA testing of Sanderson chicken following depositions of USDA officials. Sanderson also demonstrated based on key deposition admissions that plaintiffs lacked organizational standing. 
• In Defense of Animals v. Sanderson Farms, Inc. — Secured dismissal on behalf of Sanderson in a copycat case in the United States District Court for the Northern District of California, which challenged Sanderson’s “100% Natural” advertising. The district court explained that “despite their efforts to manufacture standing, [p]laintiffs do not have a leg to stand on,” and noted that one plaintiff “resembles a soccer player who falls to the ground but stops writhing when the referee looks away.”

Commercial Litigation

• Securitized Asset Funding 2011-2, Ltd. v. Canadian Imperial Bank of Commerce — Counsel for Cerberus-affiliated investment vehicle in successful 13-day breach of contract trial in the Commercial Division of the New York Supreme Court. The court entered judgment in Cerberus’s favor in amount of over $850 million, which later led the parties to ink a $770 million settlement agreement. The case and resulting settlement were profiled in The Am Law Litigation Daily and Law360.
• Huntsman International, LLC v. Albemarle Corp., et al. — Trial counsel for Huntsman in successful two-week AAA arbitration awarding compensatory and punitive damages of over $650 million in compensatory and punitive damages. The case was profiled in The American Lawyer’s “Litigators of the Week.”
• INEOS v. BASF. — Counsel for BASF in defeating preliminary injunction and securing voluntary dismissal related to the sale of BASF’s polyolefin catalysts business to W.R. Grace.

Antitrust Litigation

• United States v. UnitedHealth Group and Change Healthcare — Counsel for UnitedHealth Group in successful two-week antitrust trial, defeating the Department of Justice’s attempt to block UnitedHealth’s $13 billion acquisition of Change Healthcare. The case was profiled in The American Lawyer’s “Litigator of the Week.”

Bankruptcy Litigation

• In re Celsius Network, LLC, et al. — Trial counsel for Celsius Network, LLC and its affiliates in a multi-billion Chapter 11 reorganization of cryptocurrency company, and associated litigation, in the U.S. Bankruptcy Court for the Southern District of New York. Following a multi-day confirmation trial, the plan was confirmed, with the debtors emerging from bankruptcy in January 2024.

False Claims Act Litigation

• U.S. ex rel. Oberg v. Penn. Higher Educ. Assistance Agency (PHEAA) — Counsel for student lending agency in successful five-day jury trial in the United States District Court for the Eastern District of Virginia. The jury returned a unanimous verdict in PHEAA’s favor in this $350 million False Claims Act lawsuit profiled in The American Lawyer and Law360.
• U.S. ex rel. Hlywiak v. Pennsylvania Higher Education Assistance Agency (PHEAA) — Secured dismissal of False Claims Act claim against client based on alleged misallocation of voluntary loan payments made under the CARES Act in action in the United States District Court for the District of New Jersey. The district court adopted client’s arguments on each of falsity, materiality, and scienter prongs of Act and also dismissed in full related putative class action alleging misrepresentation of payment application procedures.
• Uchytil v. Avanade Inc., et al. — Counsel for Avanade and its parent company, Accenture, in federal False Claims Act case in the United States District Court for the Western District of Washington regarding the provision of task management software and services to the Department of Defense and various military commands. Secured summary judgment on a majority of claims.

Associate, Kirkland & Ellis LLP, 2015–2016, 2017–2019

Summer Associate, Kirkland & Ellis LLP, Summer 2014