Litigator of the Week Runners-Up and Shout Outs
A pair of talc trial wins for J&J and important appellate wins for Hogan Lovells and Wachtell lead the way this week.
October 01, 2021 at 07:25 AM
4 minute read
Quick TakesOur first runners-up this week are a pair of trial teams that scored defense wins for Johnson & Johnson in St. Louis and Philadelphia in cases attempting to tie the company's cosmetic talcum powder products to ovarian cancer. On Friday, a Philadelphia Court of Common Pleas jury sided with J&J in the first talc case to go to trial there. J&J was represented in the Philly trial by a team led by Jim Smith of Blank Rome that included lawyers from his firm and Faegre Drinker Biddle & Reath. Then on Monday, a St. Louis jury took less than an hour to deliver a defense verdict in a trial where three plaintiffs asked for a total of $923 million in damages. There the defense team was led by Allison Brown of Skadden, Arps, Slate, Meagher & Flom and Michael Brown of Nelson Mullins Riley & Scarborough, who previously nabbed Litigator of the Week honors for their late July win for J&J in a talc trial across the Mississippi River in St. Clair County, Illinois. That makes three straight defense trial wins for J&J in talc cases.
Runners-up honors also go to a Hogan Lovells appellate team lead by Neal Katyal and Sean Marotta that obtained a rare unanimous reversal from an en banc Ninth CIrcuit panel this week in an interlocutory appeal knocking out the city of Oakland's lawsuit against Wells Fargo for alleged discriminatory lending practices. The court held Oakland's claimed injuries of lost tax revenues and increased expenditures were not proximately caused by Wells Fargo's allegedly discriminatory lending practices, a potentially helpful finding for the bank in defending similar cases brought on behalf of other municipalities across the country.
Also landing a runner-up spot this week is a team at Wachtell, Lipton, Rosen & Katz that got a big win for current and former independent directors of Facebook at the Delaware Supreme Court last week. The decision affirms the dismissal of a shareholder derivative suit targeting the fallout from a withdrawn proposal to create a new class of non-voting Facebook stock. But perhaps more importantly, the ruling established a precedential, single three-part test on questions of demand futility, the court's first major change on that issue in decades. The Wachtell team was led by Bill Savitt, Ryan McLeod and Anitha Reddy.
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Law Firms Mentioned
- Smigel, Anderson & Sacks
- Quinn Emanuel Urquhart & Sullivan
- Kirkland & Ellis
- Nelson Mullins Riley & Scarborough
- Drinker Biddle & Reath LLP
- Jenner & Block
- Sullivan & Cromwell LLP
- Skadden, Arps, Slate, Meagher & Flom LLP
- Blank Rome
- Wachtell, Lipton, Rosen & Katz
- Sheppard, Mullin, Richter & Hampton
- Hogan Lovells
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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.
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