Litigators of the (Past) Week Runners-Up and Shout Outs
Runners-up honors go to a Weil, Gotshal & Manges team led by Drew Tulumello that represents BNSF Railway in a case brought under the Illinois Biometric…
July 12, 2023 at 07:25 AM
3 minute read
Runners-up honors go to a Weil, Gotshal & Manges team led by Drew Tulumello that represents BNSF Railway in a case brought under the Illinois Biometric Information Privacy Act. U.S. District Judge Matthew Kennelly in Chicago late last month vacated a $228 million damages award against the railway finding that the question of damages under BIPA is discretionary rather than mandatory—something the Illinois Supreme Court addressed four months after the initial trial in the case. The judge ordered a new trial on the damages issue. The Weil team also included senior associate Claire Chapla and associate Robert Niles-Weed.
Runners-up honors also go to a Mayer Brown team led by Carmine Zarlenga that won summary judgment for client Foster Farms dismissing the company from the antitrust case alleging a conspiracy among poultry companies to reduce the supply of broiler chickens to boost prices. U.S. District Judge Thomas Durkin in Chicago found the plaintiffs failed to cite any evidence that Foster joined the alleged conspiracy at any time. The company was among six the judge granted summary judgment to late last month in In Re Broiler Chicken Antitrust Litigation. The Mayer Brown team also included William Stallings, Oral Pottinger, Stephen Medlock (who left the firm for Vinson & Elkins last year), Katherine Bleicher, Ankur Mandhania and Tara More.
Shout out to Grant Fondo of Goodwin Procter who helped crypto exchange Kraken fend off an IRS request for a wide swath of information about account holders. Chief U.S. Magistrate Judge Joseph Spero in San Francisco late last month partially granted the IRS's request, forcing Kraken to turn over user information in cases where customers conducted more than $20,000 in transactions during a calendar year in the applicable period. However, the judge denied the agency's request for further information including user IP addresses, employment data, sources of wealth, net worth and banking details.
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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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