McCarter & English Sues to Collect $2M in Legal Fees From Client Who Lost at Trial
McCarter & English has filed a federal lawsuit against California-based dietary supplement company Jarrow Formulas LLP for $1.96 million in legal fees.
July 24, 2019 at 05:32 PM
3 minute read
Global 200 firm McCarter & English has filed a federal lawsuit against a California-based company that distributes dietary supplements, alleging the company refuses to pay $1.96 million in legal fees because it's dissatisfied with defense strategies and how attorneys represented it at trial.
In the nine-page lawsuit filed in U.S. District Court for the District of Connecticut, the Big Law firm alleges Los Angeles-based nutrition company Jarrow Formulas LLP refused to pay the money after losing a civil jury trial in Kentucky.
The dispute comes after a roughly 16-year relationship between the dietary supplement company and the Big Law firm, which has offices in Massachusetts, Connecticut, Delaware, New York, New Jersey, Philadelphia and Washington, D.C. Since 2003, McCarter & English has represented Jarrow on intellectual property cases, including patent and trademark prosecution, contract disputes and insurance litigation.
From April 17 through June 30, the firm handled litigation for Jarrow, which had been sued by ex-business associate Caudill Seed Company Inc., alleging mail or wire fraud, theft by deception, trade secrets violations and other counts.
The law firm says it succeeded in getting most of the counts dismissed, except for the trade secret claims.
But the jury rendered a $2.4 million verdict in Caudill Seed's favor June 26, about three weeks after it began hearing the case June 3.
Jarrow's in-house counsel, Jonathan Leventhal, did not respond to a request for comment Wednesday. The company had not assigned an attorney to the suit by press time.
Meanwhile, McCarter & English claims it worked vigorously for Jarrow. Among other things, its lawsuit claims four of its attorneys from Hartford, Connecticut, relocated to Kentucky for about a month to try the case.
And the firm says the alleged amount owed could increase, once it gets ”additional invoices from expert witnesses, court reporters and others who provided services to McCarter during the Kentucky litigation.”
The firm alleges it sent several requests for payment, and those requests went unanswered. Its complaint claims a representative for the corporate client, chairman and president Jarrow Rogovin, eventually responded via email July 22, the same day McCarter & English filed suit.
According to the lawsuit, Rogovin expressed disappointment with the adverse verdict, and allegedly said his company would only pay fees not connected to the Kentucky litigation. The pleading claims Rogovin wrote he was disappointed with the “second guessing of the trial strategies employed by McCarter in that litigation.”
Representing the law firm is Louis Pepe of Hartford-based McElroy Deutsch Mulvaney & Carpenter. Pepe declined to comment Wednesday.
U.S. District Judge Michael Shea of the District of Connecticut is scheduled to hear the case.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Don't Be Afraid to Dumb It Down': Top Fed Magistrate Judge Gives Tips on Explaining Complex Discovery Disputes
State High Court Adopts Modern Standard for Who Keeps $70K Engagement Ring After Breakup
Mass. Judge Declares Mistrial in Talc Trial: 'Court Can't Accommodate This Case'
3 minute readTrending Stories
- 1Companies' Dirty Little Secret: Those Privacy Opt-Out Requests Usually Aren't Honored
- 2Remembering Ted Olson
- 3Support Magistrates: Statutorily Significant
- 4Nelson Mullins, Greenberg Traurig, Jones Day Have Established Themselves As Biggest Outsiders in Atlanta Legal Market
- 5Immunity for Mental Health Care and Coverage for CBD: What's on the Pa. High Court's November Calendar
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250