Diana M. Watral, P.C.

Pharmaceutical, Products Liability and Life Sciences

• Insulin Pricing MDL: Lead counsel for Eli Lilly and Company in multidistrict litigation involving consumer class action, dozens of Attorney General cases and hundreds of county, union and school district cases. Obtained denial of class certification for consumer class, dismissal of insurer lawsuit with prejudice after full discovery and non-monetary settlements with several state attorneys general.
• GLP-1 Products Liability MDL: Lead counsel for Lilly in products liability MDL alleging GLP-1 medicines cause gastroparesis and other serious gastrointestinal adverse events. Plaintiffs anticipate 10,000+ cases.
• Humira Antitrust Litigation: Counsel for AbbVie in multidefendant antitrust case regarding Humira, the highest-selling drug in history, where plaintiffs assert that AbbVie amassed a “patent thicket” of over 100 patents and entered anticompetitive settlement agreements with biosimilar manufacturers. District court dismissed entire complaint with prejudice, and Seventh Circuit affirmed dismissal.
• Confidential Arbitration: Second-chaired arbitration for large pharmaceutical company against attempt to invalidate patent-royalty agreement. Arbitrators unanimously ruled for Diana’s client.
• Incyte v. Flexus Biosciences: Second-chaired successful $1 billion trial for Flexus, now a Bristol-Myers Squibb subsidiary, in dispute alleging misappropriation of trade secrets for cancer drugs. At summary judgment, successfully eliminated six of eight alleged trade secrets and cut damages by half. Trial resulted in a unanimous jury verdict for all defendants. The American Lawyer recognized Diana as its national “Litigator of the Week” for her trial success, and Benchmark Litigation recognized the case as its 2019 “National Impact Case of the Year.”
• Heparin Products Liability Litigation: Trial counsel for Baxter in multidistrict litigation involving allegedly contaminated heparin. State court trial resulted in full defense verdict. MDL court granted Daubert and summary judgment motions on several categories of claims, affirmed by Sixth Circuit, resulting in hundreds of dismissals and favorable settlements.
• DaVita v. Baxter Healthcare: Second-chaired $400 million breach of contract bench trial for Baxter regarding sale of dialysis equipment. Reduced Baxter’s potential damage exposure by 97% at summary judgment. Case settled favorably between closing argument and court ruling.
• Naturalock v. Baxter Healthcare: Lead trial counsel for Baxter in $300 million contract claim regarding development of catheter device. Case settled favorably one week before trial.
• Snizavich v. Rohm & Haas: Represented Rohm & Haas, a Dow subsidiary, in case alleging brain cancer caused by chemical exposure. Court excluded plaintiff’s chief causation expert and entered judgment for Rohm & Haas one day before trial.
  

False Claims Act

• U.S. ex rel. Hearrell v. Allergan: Lead counsel for Allergan in False Claims Act case alleging nationwide scheme to promote Botox off-label for use in children and payment of kickbacks. Court granted summary judgment for Allergan and dismissed the case in its entirety, weeks before trial.
• U.S. ex rel. Colquitt v. Abbott: Trial counsel for Abbott in False Claims Act case where whistleblower sought over $1 billion for allegedly false Medicare claims relating to off-label medical devices. Examined key witnesses during three-week jury trial that resulted in complete defense verdict. Fifth Circuit affirmed.
• Babjak v. AbbVie: Defended AbbVie against claims of False Claims Act retaliation brought by seven former employees following Office of Ethics and Compliance investigation. District court dismissed all claims.
  

Technology, Sports and Other Commercial Litigation

• Bowman v. IBM, Inc.: Wrote winning class certification opposition brief for IBM in putative class action alleging breach-of-contract, negligence and § 1983 claims relating to IBM’s contract to modernize Indiana’s Medicaid system. Class certification denied.
• Memorylink Corporation v. Motorola Inc.: Represented Motorola in contract, patent infringement and fraud litigation involving wireless video transmission technology. District court dismissed all claims and Federal Circuit affirmed.
• Scott v. General Motors: Represented GM in securities class action alleging misstatements and omissions in Initial Public Offering. Court dismissed all claims at pleading stage, and Second Circuit affirmed.
• Right Field Rooftops v. Chicago Cubs: Represented Chicago Cubs in breach of contract, defamation and antitrust action brought by rooftops surrounding Wrigley Field. Successfully defeated temporary restraining order to halt construction of outfield signs as part of stadium expansion. Court then dismissed all nine counts with prejudice and Seventh Circuit affirmed.
• G. William Hunter v. Derek Fisher: Represented NBA player Derek Fisher in litigation brought by Executive Director of NBA’s Players Association. Court dismissed all fourteen claims at pleading stage and awarded attorneys’ fees.