Other complex civil litigation

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Spinelli v. Nat'l Football League, __ F.3d __, No. 17-673 (2d Cir. Sept. 11, 2018) (argued).  Successfully represented professional sports photographers on appeal, obtaining reversal of Rule 12(b)(6) dismissal of copyright, contract, and tort claims related to unlicensed uses of photographs by the NFL and AP. 

 

In re Syngenta AG MIR 162 Corn Litig., No. 14-MD-2591 (D. Kan.) (individual case within MDL; voluntarily dismissed Nov. 7, 2017). Represented seed distributor on contract, tort, and consumer fraud claims related to Syngenta's commercialization of genetically-modified corn seed products. 

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Eastern Or. Mining Ass'n v. Dep't of Envtl. Quality, 360 Or. 10 (2016). In long-running litigation over unlawful DEQ permit, successfully represented suction dredge miners in the Oregon Supreme Court on petition for review of an order dismissing their claims as moot and outside the scope of the exception for cases capable of repetition yet evading review.

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Nike USA, Inc. v. Berian, No. 16-743 (D. Or.) (voluntarily dismissed June 23, 2016). Defended athlete against former sponsor’s effort to obtain a preliminary injunction based on claimed exercise of right-of-first-refusal provision. After the injunction motion had been briefed, argued, and taken under advisement, the case was voluntarily dismissed. 

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Rubin v. Islamic Republic of Iran, 830 F.3d 470 (7th Cir. 2016) (cert. granted), aff'g 33 F. Supp. 3d 1003 (N.D. Ill. 2014); 637 F.3d 783 (7th Cir. 2011) (argued). Successfully represented the Field Museum of Natural History in collection proceedings initiated by judgment-creditors of Iran seeking to attach, seize, and sell Persian antiquities in the Museum’s collection. Following a successful interlocutory appeal involving jurisdictional and standing issues, the district court granted our motion for summary judgment and the Seventh Circuit affirmed.

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Bondi v. Grant Thornton Int’l, No. 04-L-9290 (Cook County Cir. Ct. 2015); 756 F.3d 549 (7th Cir. 2014); No. 04-6031 (N.D. Ill. 2013); 671 F.3d 261 (2d Cir. 2012); 639 F.3d 572 (2d Cir. 2011); 659 F. Supp. 2d 504 (S.D.N.Y. 2009); Parmalat Capital Finance Ltd. v. Bank of America Corp., 639 F.3d 572 (2d Cir. 2011); Pappas v. Bank of America Corp., 309 Fed. Appx. 536 (2d Cir. 2009). Successfully represented accounting firm in long-running litigation, in six different courts, arising from the collapse of the Italian dairy conglomerate Parmalat SpA.

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Oregon Public Employees Retirement Fund v. Apollo Group Inc., 774 F.3d 598 (9th Cir. 2014). Successfully represented for-profit education company on appeal in a putative securities class action asserting Section 10(b) claims based on statements related to enrollment, revenue growth, and recruiting practices.

 

Hillman v. Maretta, 133 S. Ct. 1943 (2013). Successfully represented the beneficiary in a Supreme Court case on the merits involving the federal life insurance program and preemption, which was decided unanimously in our client’s favor.

 

In re Trans Union Corp. Privacy Litig., Nos. 11-3030, 11-3163 (7th Cir. 2012). Successfully represented law firm in post-judgment proceedings and on appeal, obtaining affirmance of district court decisions rejecting attempts by class counsel to thwart litigation of tens of thousands of individual claims preserved by a prior class action settlement.

 

United States v. Caremark Inc., 634 F.3d 808 (5th Cir. 2011) (argued); Texas v. Caremark Inc., 584 F.3d 655 (5th Cir. 2009) (argued). Successfully represented defendant in interlocutory appeals arising from litigation under the federal False Claims Act and similar state laws. The Fifth Circuit agreed that a sovereign immunity defense should be addressed by the district court in the first instance. On remand, the district court ruled in defendant’s favor. In subsequent appeals by the United States and a group of States, the Fifth Circuit affirmed in substantial part decisions granting partial summary judgment against claims that defendant improperly denied reimbursement requests from state Medicaid agencies.

 

FTC v. Trudeau, 662 F.3d 947 (7th Cir. 2011), cert. denied (2012). Represented New York Times #1 best-selling author in commercial speech case involving a consent decree and $37.6 million civil contempt sanction.

 

United States ex rel. Fowler v. Caremark Rx, LLC, 496 F.3d 730 (7th Cir. 2007), cert. denied (2008). Successfully obtained and defended dismissal of a suit brought under the False Claims Act alleging fraud and bad business practices related to the provision of pharmaceutical benefit services to federal health insurance plans.

 

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