Litigator of the Week Runners-Up and Shout Outs
Runners-up this week range from eight-figure plaintiff-side win in a retaliation case to the reversal of a nine-digit asbestos verdict.
December 15, 2023 at 07:25 AM
4 minute read
Our first runner-up spot goes to David deRubertis of The deRubertis Law Firm and Taylor Prainito and Michael Zelman of Southern California Labor Law Group. A state court jury in Los Angeles this week awarded $41.49 million to their client, neonatal nurse Maria Gatchalian, after finding that she was terminated in retaliation after she raised concerns about understaffing leading to issues with patient safety and quality of care. Jurors awarded Gatchalian $2.49 million in economic damages for lost wages and benefits, $9 million for emotional distress, and $15 million in punitive damages against both defendants, Kaiser Foundation Hospitals and Kaiser Foundation Health Plan Inc.
Dale Cendali, Joshua Simmons and their team at Kirkland & Ellis got a summary judgment win for client Astronics Test Systems knocking out a copyright infringement claim from Teradyne—the sole remaining claim in an intellectual property dispute between the two defense contractors. U.S. District Judge George Wu in Los Angeles last week found that Astronics' use of Teradyne's copyrighted declaring code in its automated testing equipment constituted fair use. The Kirkland team also included partners Yvonne Beeler, Yimeng Dou, Yan-Xin Li and Miranda Means, along with associates Julien Jean-George Crockett, Nick Teleky and Josh Berlowitz.
Andrew Silverman of Orrick, Herrington & Sutcliffe helped head up a defense effort for Dow Chemical Co. subsidiary Union Carbide Corp. that wiped out a $107 million asbestos verdict against the company and codefendants in California state court. Judge Cary Nishimoto in Torrance this week granted the defendants' motions for judgment notwithstanding the verdict, which included $75 million in punitive damages against Union Carbide. In particular, the judge found "no substantial evidence" that Union Carbide asbestos was a substantial factor in causing janitor Joel Hernandezcueva's fatal mesothelioma. The defense line-up for Union Carbide also included Orrick's Eric Shumsky, Josh Rosenkranz, Amari Hammonds, Emily Villano and Anne Savin as well as co-counsel at Polsinelli including Stephen Nichols, David Schultz and Mary McKelvey. Union Carbide co-defendant E.F. Brady Company Inc. was represented by Jerry Popovich and Ashley Henning at Hawkins Parnell & Young. Co-defendant Elementis was represented by William Armstrong and Heather Weakley and DeHay & Elliston.
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
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.
Who Got The Work
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.
Who Got The Work
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.
Who Got The Work
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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