Representative Cases Tried to Verdict: 

• Two-month trial of a class action involving allegations of unfair trade practices in which the plaintiff class claimed over $100 million in compensatory damages and over $300 million in punitive damages against The Hartford. (Conn. Supr. Ct.)
• Jury verdict rejecting multimillion dollar claims of breach of fiduciary duties by directors and officers in a real estate holding LLC. (N.Y. Sup. Ct.) aff’d, 1st Dept.
• $40 million judgment in favor of bankruptcy trustee involving privately held corporation for breaches of fiduciary duties by directors and officers. (S.D.N.Y.)
• Jury verdict rejecting claims of age and sex discrimination involving a failure to promote and subsequent discharge of top sales person, representing Hyperion. (E.D. Pa.)
• Jury verdict in West Virginia on behalf of Great American Insurance Co. voiding a life insurance policy for the deceased mother and wife of West Virginia minister. (Cir. Ct. Kanawha, Co.), aff’d West Virginia Sup Ct.
• Jury verdict rejecting claims for breach of contract involving oil and gas exploration, and awarding damages on counterclaim for fraud on behalf of Alcoa. (S.D. Ind.) aff’d 7th Cir.
• Jury verdict rejecting claims for permanent disability insurance for Nat’l Life Ins. Co. of Vermont. (E.D.N.Y.), aff’d 2d Cir.
• Jury verdict for Adelphia Bus. Sol., rejecting claim of age discrimination for Reduction in Force where the only person terminated was a 64-year old employee who was replaced by the younger worker she had hired. (E.D. Pa.)
• Judgment for an Am Law 100 law firm for alleged breaches of fiduciary duty. (Bankruptcy Ct., Dist. Conn.)
• Defended employment discrimination charges against ITT to jury verdict. (S.D.N.Y.)

Representative Dispositive Motions:

• Summary judgment for an Am Law 100 global law firm regarding $32 million malpractice claim by the rapper 50 Cent. (U.S. Bankruptcy Ct.) aff’d Dist. of Conn.
• Represented plaintiff in a breach of contract and fraud litigation involving a $20 million asset acquisition. The Court denied defendants’ motion for summary judgment on both the breach of contract and fraud claims, allowing the case to proceed to trial, while granting plaintiff’s motion for summary judgment dismissing the defendants’ counterclaims. (S.D.N.Y.)
• Represented the American Bankers Association as a defendant in two separate cases brought against several banking associations and the U.S. Department of Agriculture and the Secretary of Agriculture for unlawful discrimination and constitutional violations in dealing with loan programs for black farmers. Motions to dismiss granted in both cases. (U.S. Dist. Ct. for D.C. and M.D. Tenn.) appeals pending, D.C Cir. and 6th Cir.
• Acting for plaintiff Energy East, defeated defendant’s motions for summary judgment in case alleging tortious interference and breach of contract involving the raid on a company’s entire work force in the field of energy conservation. (Dist. Ct. Maine).
• Dismissal of $100 million claim in putative class action involving short sellers’ attempts to manipulate securities prices through derogatory postings on defendant’s Internet message board. (D. Mass) aff’d 1st Cir.
• Dismissal of $112 million claim of alleged tortious interference involving a disputed software licensing and hosting agreement. (S.D.N.Y.)
• Defeated State of Connecticut’s claims for temporary injunction to prevent State’s office buildings from being deprived of heat and air conditioning in multi-million dollar state antitrust action. The State’s emergency appeals to the Appellate Court and the Connecticut Supreme Court were dismissed. (Conn. Supr. Ct) aff’d Conn. Sup. Ct.
• Dismissal of multimillion dollar breach of contract and breach of fiduciary duty claims on behalf of LLC for lack of personal jurisdiction. (S.D.N.Y.) aff’d 2 Cir.

Representative Class Actions and Multi District Litigation (“MDL”) cases:

• Won multiple motions to dismiss on behalf of The Hartford in consolidated antitrust cases involving auto body industry. In re Auto Body Antitrust Lit. (M.D. Fla.)
• Successfully defended The Hartford in multiple collective actions under the Fair Labor Standards Act (“FLSA”) involving call center wage and hour claims. (M.D. Fla.)
• Represented Travelers in multi-defendant putative class action involving insurance law compliance issues. Defeated challenge to CAFA jurisdiction, won a 55-page decision dismissing Complaint against Travelers. (D. N.M.)
• Represented Hartford Underwriters Ins. Co. in successful motion to dismiss class action where class representatives were found to lack standing regarding claims that defendant insurance companies unfairly denied full payment for medical expenses. (D. Md.)
• Successfully moved for denial of class certification on behalf of The Hartford before expert depositions and before plaintiff moved for class certification in case claiming violations of New Mexico insurance law regarding Uninsured and Underinsured liability policy notice provisions. (D.N.M)
• Negotiated phone card settlement of four putative class actions brought by purchasers of cell phone insurance against Asurion and cellular phone service providers, including Verizon, Spring, and Cellular One, and served as lead counsel for the defendants in the settlement, which included approximately 40 million class members. (Pa. Ct. of Common Pleas)
• Won dismissal of three consolidated class actions brought by Adelphia subscribers in Pennsylvania, challenging the company’s late fee policy under Voluntary Payment Doctrine. (Pa. Ct. of Common Pleas)
• Won summary judgment in three consolidated putative class actions in Vermont based on the Filed Rate Doctrine despite a previous order from the Vermont Public Service Board which held that Adelphia’s late fees were “unlawful” and found that Adelphia’s late fees had never been approved by the Public Service Board.
• Defeated class certification in two putative class actions, with plaintiffs represented by Los Angeles’ “Trial Lawyer of the Year,” seeking $160 million in damages for violations of California consumer protection laws, where the court found each of seven named class representatives to be an inadequate class representative. (Cal. Superior Ct.)
• Defeated motion for consolidation before the Judicial Panel on Multidistrict Litigation (JPML) on behalf of an insurance company in one of five cases all dealing with a patent for health debit card transactions. (D. Conn.; JPML)
• Represented inventor of pharmaceutical product in antitrust class action. (M.D. TN)
• Obtained permission from Eleventh Circuit Court of Appeals to take interlocutory appeal pursuant to Federal Rule 23(f) of district court’s order granting class certification after predecessor firm briefed unsuccessful opposition to class certification; successfully argued motion before Judicial Panel on Multidistrict Litigation to consolidate eight class actions alleging Mead Johnson engaged in false advertising. (S.D. Fla., 11th Cir.)

Representative Arbitrations:

• Obtained voluntary dismissal of malpractice claim against Am Law 100 law firms in connection with a failed attempt to acquire a fleet of Greek ocean tanker vessels valued at $74 million. Dismissal came before any depositions or hearing occurred.
• Represented Airbus as claimant in confidential multimillion dollar ICC Arbitration seated in Geneva, Switzerland involving long term supply contract dispute for aircraft manufacture and sale. Confidential award issued in favor of Airbus after one week of hearings in New York.
• Successfully defended subsidiary of Energy East in confidential, multimillion dollar AAA Arbitration. All discovery and hearings occurred within one month from the appointment of arbitrator.
• Successfully defended clients against claims of diversion of corporate opportunity involving independent power projects to be built in Gaza and Yemen (with some witnesses testifying via video teleconference).
• On behalf of The Hartford, defeated claims by disgruntled joint venture partner for breach of exclusivity provisions of software licensing agreement concerning patented software involving collection and subrogation.