Trials

Working with a number of different law firms who were representing co-defendants, defended a class action regarding approximately 1200 sets of casketed human remains that were allegedly crushed, stacked in single graves, lost, buried off-site or otherwise mishandled. After about a month of trial, the jury returned a verdict of one percent liability for minimal damages.

Successfully defended major government contractor in the second of five bellwether cases to be tried in federal multidistrict litigation comprising tens of thousands of individual lawsuits alleging injuries due to formaldehyde exposure while living in FEMA trailers following the devastation from Hurricane Katrina. Received unanimous jury verdict after two-week trial. Following verdict, obtained dismissal of contractor from third bellwether case as well.

Appointed by a Federal Court to serve as Liaison Counsel to contractor defendants in multi-district litigation comprising more than 80,000 claimants who allege injury due to exposure to formaldehyde while living in travel trailers and other emergency housing provided by FEMA following Hurricanes Katrina and Rita. Obtained a defense verdict in a two-week "bellwether" federal jury trial, further resulting in the dismissal of the Firm's client from a second bellwether prior to trial. Defended two contractor defendants in the multi-district litigation.

Represented an international building products manufacturer in the defense of thousands of class action claims associated with its allegedly defective Chinese-manufactured drywall. The multi-district litigation was assigned to the Eastern District of Louisiana, and involved complex issues regarding construction, product liability, and international law. After conducting several bellwether trials, a settlement was reached.

Defeated a class action claiming FCRA violations arising out of alleged improper access of credit reports; the federal court granted a motion to dismiss for lack of standing, finding that the alleged injuries (invasion of privacy, related emotional distress, and increased risk of data breach) were insufficiently concrete.

Tried three declaratory judgment actions for subcontractors who could not perform work because Hurricane Katrina destroyed/damaged the facilities. In two of the cases, performance was excused and in one, performance was delayed without penalty.

Tried cases based on force majeure clauses related to construction issues, failure to receive goods that were supposed to be delivered and changes in the prices of oil or other products prior to a sale.

Defended several London Underwriters in regard to claims filed against them when the DB269 capsized during Hurricane Roxanne in the Bay of Campeche. Over 175 claims were filed in Mexico, Houston and New Orleans. The claims filed in Mexico and Houston were ultimately settled without the necessity of trial. However, the New Orleans litigation included a trial on Exceptions of Res Judicata, and a full trial on the merits of the case wherein Underwriters asserted a force majeure defense.

Secured the dismissal of $50 million tort and punitive damages claims for malicious prosecution brought by a former network provider against a health insurer, resolving an issue of first impression under a Tennessee statute. Following remand, represented the insurer in a 12-day jury trial on the remaining breach of contract claim, resulting in a jury verdict of zero.

Successfully represented a financial institution in a post-merger federal lawsuit challenging merger disclosures; the plaintiff voluntarily dismissed the case after the bank supplemented its disclosures, and the court denied the plaintiff's motion for attorney's fees.

Won a full defense judgment in a multimillion-dollar trial in federal court involving personal injury arising from the construction, installation, and maintenance of a hotel's facilities.

Obtained a $20.3 million verdict on behalf of a privately owned water utility company in a five-day jury trial in Indiana, in which a municipality sought to take the water utility through eminent domain. This verdict was over 200 percent of the $9.5 million valuation advocated by the municipality at trial.

Represented a large, privately owned water utility company in Montana in an eleven day "right-to-take" condemnation trial, and subsequent six day "valuation" trial. Obtained judgment of $88.6 million plus attorney's fees – far above the condemnor's proof at trial of a $45 million value.

Defended a sports radio network in an action by shareholders and officers who alleged that a merger improperly forced them out of the company. The plaintiffs claimed their shares were worth several million dollars. The court dismissed the plaintiffs' claims at trial.

Defended a soil stabilization contractor in a case involving an allegedly sinking shipyard; owner claimed more than $45 million in damages, and after a two-week trial, district court ruled in contractor's favor and granted net award to contractor.

Defended $3.8 million personal injury negligence and toxic tort claims arising from water chemistry induced exposures involving claims of Spasmodic Dysphonia, Spasmodic Dysphagia and Thrombocitic Thrombocytopenic Purpura. The defense resulted in complete dismissal in the trial court based on defenses developed through toxicology, chemistry and epidemiologic evidence.

Represented an international driller in a four-month trial involving one of our nation's largest environmental disasters, in which thousands of plaintiffs, federal, state and local governments were seeking damages under the Clean Water Act and Oil Pollution Act, with the result that the driller was found not grossly negligent under the Clean Water Act, and that the operator of the well was obligated to indemnify the driller for all Oil Pollution Act Damages.

Served as a member of the trial team that defended a health care provider where the U.S. District Court for the Northern District of Mississippi found the DOJ failed to carry its burden of proof in an $895 million suit. The DOJ alleged that one of the country's largest skilled nursing facilities and an affiliate entered an AKS/FCA scheme with a pharmaceutical company. The case was significant because it was a rare FCA defense trial verdict and for the amount alleged.

Represented a congressman and cabinet secretary in a U.S. House of Representatives Committee on Financial Services investigation, Federal Elections Commission review of records and Independent Counsel investigation of gifts. Won acquittal after trial with Washington co-counsel.

Defended a NASA contractor accused of submitting false claims for reimbursement of labor charges incurred under cost reimbursement contract, three-month trial in federal district court, resulting in a verdict for less than three percent of amount sought by the government.

Received Defense verdict in a month-long jury trial on behalf of a rehabilitation hospital against allegations that the negligent acts of its nurses caused permanent brain damage.

Received Defense verdict in ten-day jury trial on behalf of OB-GYN in significant birth injury case.

Tried a False Claims Act worthless services case against the Department of Justice in a claims estimation proceeding before the United States Bankruptcy Court and obtained a favorable ruling for the long term care provider.

Challenged the imposition of an immediate jeopardy penalty for a long-term care provider in a Coumadin overdose case against CMS and obtained a complete reversal of the sanction from the Administrative Law Court after a five-day trial.

Won a jury verdict for a defendant hospital in a case involving a patient who suffered extensive injuries associated with a bowel perforation during surgery and alleged failure to monitor post-surgery.

Defended a gas utility in a two-week jury trial in Louisiana state court against claims by an individual who survived a residential gas explosion with second and third degree burns over more than 80 percent of his body.

Extensive experience in defending major automobile manufacturers against product defect claims, including defense verdict after five-week jury trial involving 18-year-old driver who was ejected from an SUV and rendered a paraplegic and defense verdict after two-week trial involving deaths of three children who were ejected from an SUV.

Successfully defended a major automobile manufacturer in a product liability action involving a quadriplegic plaintiff who sought $9.5 million in damages. The plaintiffs alleged that a sport utility vehicle was unstable while towing and the seatbelt was defectively designed. After a two-week trial in one of the most plaintiff-friendly venues in the country, the jury found that the vehicle was not defective, and the accident was caused by the driver.

Successfully defended the first reported Legionella wrongful death case against a chemical water treater and the first known Legionella lawsuit in the state of Mississippi. This multi-fatality action involved alleged damages exceeding $20 million. The case was defended at the federal trial court level resulting in complete dismissal and then again successfully defended in the United States Fifth Circuit Court of Appeals.

Following a six-week jury trial in the United States District Court for the District of New Jersey, assisted in obtaining a unanimous defense verdict dismissing plaintiff's $80 million claims of trade secret misappropriation and conspiracy.

Represented client in a trade secret misappropriation case involving software and algorithms trade secrets which resulted in a month-long jury trial, a successful jury verdict awarding significant compensatory damages award, and a finding of willful and malicious misappropriation leading to an award of attorney's fees and exemplary damages.