U.S. ex rel. Oberg v. Pennsylvania Higher Education Assistance Agency (PHEAA). Trial counsel for PHEAA securing unanimous jury verdict in its favor in a $350 million False Claims Act case. The quit tam relator filed suit in the United States District Court for the Eastern District of Virginia, alleging that PHEAA, a student lending agency, defrauded the government through a student lending subsidy program.
BNSF Railway Company v. FirstEnergy Corporation. Trial counsel for BNSF in its lawsuit against FirstEnergy for breach and repudiation of a long-term coal transportation contract. FirstEnergy claimed that its failure to ship coal was excused as force majeure because a recently enacted environmental regulation prevented its performance. After a two-week trial, a 3-judge arbitration panel unanimously sided with BNSF. The parties subsequently reached a settlement, pursuant to which FirstEnergy agreed to pay $109 million to BNSF.
Counsel to Textron in several lawsuits in Mississippi federal and state courts alleging that a formerly owned manufacturing facility contaminated local groundwater, surface water, and soil.
Williams v. BASF Catalysts LLC (D.N.J.). Counsel for BASF in putative nationwide class action alleging multi-decade fraud on litigants and courts in asbestos litigations across the country.
National Airlines Flight 102 Litigation (Cir. Ct. of Cook Cnty, Ill., Cir. Ct. of Orange Cnty, Fl., Cir. Ct. of Palm Beach Cnty.). Counsel for The Boeing Company in ongoing multi-forum litigation arising out of the April 29, 2013 accident of a Boeing 747 operated by National Airlines, which crashed immediately after takeoff from Bagram Air Force Base near Kabul, Afghanistan.
In re: Oil Spill by the Oil Rig Deepwater Horizon in the Gulf of Mexico April 20, 2010 (MDL 2179). Counsel for BP in multidistrict brought by the United States, numerous plaintiffs, and several states concerning the Deepwater Horizon incident in the Gulf of Mexico, as well as criminal and regulatory matters by the U.S. Congress, Department of Justice, the Securities and Exchange Commission, and other federal agencies.
In re: Magnum Hunter Resources Corporation (Bankr. D. Del). Counsel for Magnum Hunter in its Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware.
In re: Fisker Automotive (Bankr. D. Del). Counsel for Fisker Automotive in its Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware.
Shirley Sherrod v. Breitbart (D.D.C). Counsel to former USDA official and Presidential appointee Shirley Sherrod in defamation action against prominent blogger arising from the blogger’s publication of a false blog post and heavily-edited “viral” video alleging racial discrimination in the performance of Mrs. Sherrod’s official governmental duties.
Represented several clients in confidential government investigations and confidential arbitrations.