Brenton Rogers, P.C.

Trials

• 3M Combat Arms Earplug Litigation (N.D. Fla.): Trial counsel for 3M in two bellwether jury trials in which plaintiffs claimed hearing loss and tinnitus due to wearing client’s earplugs. 
• Confidential Pharmaceutical Industry Royalty Dispute (AAA): Represented respondent in arbitration in which claimant sought to void approximately $500 million in past and future royalties relating to revolutionary drug discovery technology. Arbitration panel unanimously ruled for client on all issues and determined that royalty obligation was valid.
• SS&C Technologies v. Clearwater Analytics (Cook County, IL): Trial counsel for Clearwater Analytics in two-week theft of trade secrets jury trial. Jury awarded plaintiffs less than 8% of claimed damages.
• Abbott Laboratories/AbbVie (Cook County, IL): Represented Abbott Laboratories and AbbVie Inc. in dozens of product liability personal injury cases related to client’s blockbuster biologic drug. Obtained complete dismissal or settlement of all but one case. Trial counsel in jury trial that resulted in special interrogatory in client’s favor.
• The Dow Chemical Company (Plaquemine County, LA): Trial counsel for Dow in bench trial concerning groundwater contamination involving chlorinated compounds. Court rejected plaintiffs’ remediation plan and adopted client’s.
• In re Energy Future Holdings Corp. (EFH) (Bankr. D. Del.): Trial counsel for EFH at plan confirmation hearing in one of the largest, most complex and most contentious financial restructurings in history. Client’s plan of reorganization was confirmed.
• In re Rite Aid Corp. (Bankr. D.N.J.): Trial counsel for Rite Aid in evidentiary hearing regarding $275 million asset purchase dispute. Court ruled for client in full.

Toxic Tort and Products Liability

• Vantage Specialty Chemicals (Cook County, IL): Representing Vantage in hundreds of cases in which plaintiffs allege exposure to ethylene oxide caused cancer.
• Abbott Laboratories: Representing Abbott in opioids litigation around the country. Successfully secured dismissals in multiple state court jurisdictions, including by arguing a successful petition for writ of mandamus to the Alabama Supreme Court.
• YRC Worldwide, Inc. (N.D. Ill.): Served as lead counsel to YRC Worldwide, Inc. in its defense against a groundwater contamination lawsuit brought by the Village of Sauk Village, Illinois. Achieved removal of the case to federal court beyond the statutory deadline, then developed the factual and expert record to secure a unanimous jury verdict for YRC.
• YRC Worldwide, Inc. (Cook County, IL): Served as lead counsel to YRC in its defense against two groundwater contamination class action lawsuits brought by residents and homeowners in Sauk Village, Illinois. Secured dismissal of all claims in the trial court, and successfully defended dismissal in the Illinois Appellate Court and Illinois Supreme Court.
• Rohm and Haas (Ct. of Common Pleas, Philadelphia): Represented Rohm and Haas in more than a dozen lawsuits in which plaintiffs claimed exposure to vinyl chloride caused a brain cancer cluster in their community. The first and only case to go to trial resulted in judgment for Rohm and Haas after a several-week jury trial, and all cases were subsequently settled.

Securities Litigation

• Seeks v. Boeing, et al. (N.D. Ill): Representing Boeing in putative securities class action relating to the 737 MAX.
• Alger v. Boeing and Pentwater v. Boeing (Cook County, IL): Representing Boeing in common law securities fraud cases relating to the 737 MAX.
• Pembroke Pines Firefighters & Police Officers Pension Fund v. Abbott Laboratories, et al. (N.D. Ill.): Representing Abbott in putative securities class action relating to powdered infant formula.
• In re Abbott Laboratories Infant Formula Shareholder Derivative Litigation (N.D. Ill.): Representing Abbott Board of Directors in shareholder derivative case relating to powdered infant formula.
• Holwill v. AbbVie Inc. (N.D. Ill.): Representing AbbVie in securities class action relating to patient support services.
• Godinez v. Alere, Inc. (D. Mass.): Represented Alere in putative securities class action relating to representations Alere made in connection with its acquisition by Abbott Laboratories. Case settled.

Merger Disputes

• Abbott Laboratories v. Alere Inc.: Represented Abbott in its merger dispute with Alere Inc., which Abbott was to acquire for $8.4 billion. Secured an approximately $500 million purchase price reduction.
• The Dow Chemical Company: Represented Dow in its defense of an action by Rohm and Haas seeking specific performance of a $15 billion cash merger agreement. On the first day of trial, Dow achieved a settlement in which Rohm and Haas shareholders agreed to reduce the cash component of the merger consideration by $3 billion.

Represented an inmate in his appeal of the dismissal of his Section 1983 case against prison officials. The United States Court of Appeals for the Seventh Circuit reversed the dismissal and ordered a new trial. As a third year associate, co-first chaired two-day retrial. Delivered opening statements, cross examined medical doctor who treated plaintiff and direct examined multiple inmates.

Represented an immigrant in his appeal of the denial of his asylum petition. The United States Court of Appeals for the Seventh Circuit reversed the decision, and the immigration appellate panel ordered the immigration judge to grant asylum.