Another Round of Litigator of the Week Runners-Up and Shout Outs
Litigators at Baker Botts knocked out a nine-digit verdict against DISH Network in a patent showdown with ClearPlay Inc.
March 24, 2023 at 07:25 AM
6 minute read
Quick TakesOur first runners-up are G. Hopkins Guy III, Kurt Pankratz, Rob Maier, Lauren Dreyer, Ali Dhanani, Jamie Lynn and their team at Baker Botts who represented DISH Network in a patent showdown with ClearPlay Inc. U.S. District Judge David Nuffer in Utah this week granted DISH's motion for judgment of a matter of law finding DISH's AutoHop feature doesn't infringe ClearPlay's patents on technology to filter out content including violence and swearing from movies. Nuffer granted the motion during a telephonic hearing this week, wiping out a nearly $470 million jury verdict handed down two weeks ago. Brent Hatch, Tyler Snow and Adam Pace of Hatch Law Group were local counsel for DISH.
Runners-up honors go to defense lawyers for four remaining defendants accused of conspiring to overbill insurers by hundreds of millions of dollars for urine drug tests through rural hospitals in Florida, Georgia and Missouri. Federal prosecutors previously won convictions against two defendants at the prior trial in Jacksonville, Florida in 2022, and secured guilty pleas from two additional defendants earlier this year. The prior jury, however, deadlocked on charges against defendants Aaron Durall, Christian Fletcher, Neisha Zaffuto and Aaron Alonzo. After two days of deliberations after the retrial, this week jurors sent a note to U.S. District Judge Timothy Corrigan saying they were deadlocked. But after an Allen charge and two more hours of deliberations, the jury found all four defendants not guilty. Brian Rafferty of Baker & Hostetler represented Durall. Steven Sadow of Schulten Ward Turner & Weiss and Vince Citro of Horwitz & Citro represented Fletcher. Joshua Lowther of Lowther | Walker represented Zaffuto. Andrew Bonderud of The Bonderud Law Firm represented Alonzo.
A product liability and mass torts team at Dechert and local counsel at McLane Middleton take home a runners-up spot for getting a ruling on an issue of first impression from the Supreme Court of New Hampshire. In a win for client Saint-Gobain, the state's high court held that New Hampshire law doesn't recognize a claim for the cost of medical monitoring in cases involving exposure to a toxic substance. The plaintiffs were seeking medical monitoring associated with exposure to perfluorooctanoic acid. They claimed exposure to the chemical led to an increased risk of developing health problems including certain cancers, thyroid disease, high cholesterol, ulcerative colitis, and pregnancy-induced hypertension for people near a Saint-Gobain facility in the town Merrimack. The Dechert team on the matter includes Sheila Birnbaum, Mark Cheffo, Bert Wolff, Rachel Passaretti-Wu, Douglas Fleming, Paul LaFata, Nathan Williams, Mike Fazio, Monica Gorny, David Weinraub and Marina Schwarz. The McLane Middleton team includes Bruce Felmly and Jeremy Walker.
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Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
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Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
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Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
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Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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