Litigator of the Week Runners-Up And Shout Outs
A team at Pillsbury Winthrop Shaw Pittman secured a ruling eliminating more than a half billion dollars in potential liability for client Teck Cominco Metals in a long-running environmental suit in the Eastern District of Washington.
February 09, 2024 at 07:25 AM
7 minute read
Our first runners-up this week are Amanda Halter, Deborah Baum and their team Pillsbury Winthrop Shaw Pittman who secured a ruling eliminating more than a half billion dollars in potential liability for client Teck Cominco Metals in a long-running environmental suit. The state of Washington and the Confederated Tribes of the Colville Reservation have been pursuing claims related to discharges from the company's Trail, British Columbia smelter along the Upper Columbia River and Lake Roosevelt for two decades, including claims for "tribal service loss" brought under the Comprehensive, Environmental Response, Compensation, and Liability Act. But this week Chief U.S. District Judge Stanley Bastian of the Eastern District of Washington granted Teck summary judgment on those rarely litigated claims. "Neither the statute nor the regulations reference a cultural or tribal 'connection' or 'relationship' with a particular resource, let alone possible recovery from loss or damage to that connection or relationship," the judge wrote. The Pillsbury team also includes Ashleigh Myers, Cynthia Robertson and Jillian Marullo.
A Davis Polk & Wardwell team led by Jim Rouhandeh and Neal Potischman and a Jones Day team led by James Gauch fought off a class certification bid in a case where their clients—Novo Nordisk and Sanofi-Aventis respectively—stood accused of inflating the price of insulin products. In a 120-page opinion this week U.S. District Judge Brian Martinotti of the District of New Jersey denied the plaintiffs' bid to certify a national class of consumers, as well as a proposed multiple-state class and various individual state classes. The judge found that the plaintiffs couldn't show an ascertainable loss and that individual questions predominated—including whether individual plaintiffs were insured, the terms of any insurance coverage, and whether they benefited from any of the rebates passed down through pharmacy benefit managers or insurers. Davis Polk's Rouhandeh and Jones Day's Gauch argued the class certification motion for the defendants. The Davis Polk team representing Novo Nordisk also includes counsel Andrew Yaphe, David Toscano, Cristina Rincon, associates Elaine Andersen, Chui-Lai Cheung, Tiffany Chung-Arzeno, Andrei Gribakov Jaffe, Michael Haney, Ian Hogg, Jennifer Kim, Natalie Stoecklein, Keon Zemoudeh, legal assistants Felicia Yu, Eric Wagner, and paralegal administrative assistant Bruno Silva.
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Law Firms Mentioned
- Kindel & Anderson
- Latham & Watkins
- Hodgson Russ
- Mayer Brown
- Kirkland & Ellis
- Sheppard, Mullin, Richter & Hampton
- Weil, Gotshal & Manges
- Amarchand & Mangaldas & Suresh A Shroff & Co
- King & Spalding
- Sullivan & Cromwell LLP
- Harris Beach
- Williams & Connolly
- Jones Day
- Nixon Peabody
- Paul, Weiss, Rifkind, Warton & Garrison
- Covington & Burling
- Woods Oviatt Gilman
- Gibson, Dunn & Crutcher
- Shearman & Sterling LLP
- Morgan, Lewis & Bockius
- Pillsbury Winthrop Shaw Pittman
- Willkie Farr & Gallagher
- Cahill Gordon & Reindel
- Skadden, Arps, Slate, Meagher & Flom LLP
- Arnold & Porter
- Davis Polk & Wardwell
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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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