Practices

Global Litigation Appellate

Fifth Third Bank v. United States
Fifth Third Bank was one of a number of thrifts that was severely impacted by new regulations removing certain favorable regulatory treatment of goodwill in prior legislation. The Supreme Court held in the Winstar trilogy of cases that the government was liable for any damages caused by the removal of this goodwill. After a first trial on liability was dismissed, the Federal Circuit reversed and remanded the case for trial on damages. The Court of Federal Claims ultimately awarded over $76 million in breach of contract damages. This damage award was upheld on appeal to the Federal Circuit in March 2008, successfully concluding an 13-year battle against the government.
Corrie v. Caterpillar, Inc.
Represented Caterpillar, Inc. in Ninth Circuit case affirming trial court's dismissal of an Alien Tort Statute and Torture Victim's Protection Act suit against Caterpillar. Plaintiffs sued after their family members were killed or injured when the Israeli Defense Forces demolished homes in the Palestinian Territories using bulldozers manufactured by Caterpillar. The Court found that plaintiffs' claims presented nonjusticiable political questions that deprived the district court of subject matter jurisdiction. Plaintiffs' action could not proceed because a resolution would require the federal judiciary to ask and answer questions that are committed by the Constitution to the political branches of our government.
Commission v. Kvaerner Warnow Werft
Successfully defended client in the appeal by the European Commission against the Court of First Instance judgment annulling the Commission’s decision ordering recovery of $120 million from Kvaerner Warnow Werft.
Cooper Industries v. Leatherman Tool Group, Inc.
Punitive damage award on a finding of trademark and trade dress infringement, and unfair competition with respect to multi-functional pocket tools. On petition for certiorari from the Ninth Circuit, the Supreme Court reversed, agreeing that the punitive damage award was unconstitutionally excessive. On remand, the Ninth Circuit reduced the award of punitive damages from $4,500,000 to $500,000.
Allapattah v. Exxon
Lead appellate counsel for defendant in massive class action alleging breach of contract regarding pricing system for dealers in petroleum industry. Case also involved important issue of federal diversity of citizenship jurisdiction for class actions that was eventually decided by US Supreme Court.
Germany v. Commission
Successfully represented the German government in appeal of a European Commission decision on State Aid. The European Court of Justice set aside important parts of EC decision. This case shaped the law on recovery of State aid of parties acquiring assets from a beneficiary.
Westbard Apartments, LLC v. Westwood Joint Venture, LLC
Successfully argued for reversal of the judgment in a complex dispute arising from a $100 million real estate transaction. The decision by the Maryland Court of Special Appeals reversed and remanded for a new trial on claims of breach of contract and breach of fiduciary duty.
Hartford Fire Ins. Co. v. California
Lead counsel for Prudential Reinsurance Co in district court, the Ninth Circuit and the Supreme Court. Still the leading case on extra-territorial jurisdiction and also on the limitations of the boycott exception to the immunity provided under the McCarran Ferguson Act.
Stoneridge Investment Partners v. Scientific-Atlanta
Filed amicus brief for Defense Research Institute in historic Supreme Court case on scope of liability under the securities law.
Litton Industries v. Honeywell
Served as lead appellate counsel and presented oral argument in the Ninth Circuit in the largest single plaintiff/single defendant antitrust judgment in American antitrust history. Case settled while the appeal was pending.