In re Imagitas, Inc. DPPA Litigation: Defended government contractor in ten state class actions alleging that the insertion of advertising into motor vehicle registration mailings violated the federal Drivers' Privacy Protection Act, and subjected the contractor to $2,500 in statutory damages per person. Transferred all cases to a single court for pretrial coordination. The District Court then granted summary judgment in a test case, which the Court of Appeals affirmed.
Omnicare, Inc. v. UnitedHealth Group, Inc.: Represented defendants UnitedHealth Group, Inc. and PacifiCare, Inc. in an antitrust lawsuit involving alleged price-fixing and fraud related to prescription drug reimbursement under the federal Medicare Part D program. Plaintiff Omnicare sought damages exceeding $1 billion and permanent injunctive relief. After the summary-judgment motion was argued in August 2008, the U.S. District Court granted summary judgment to defendants on all claims in January 2009. Published decision: Omnicare, Inc. v. UnitedHealth Group, Inc., 594 F. Supp. 2d 945 (N.D. Ill. 2009). Summary judgment was subsequently affirmed. Omnicare, Inc. v. UnitedHealth Group, Inc., 629 F.3d 697 (7th Cir. 2011).
Best Buy v. Developers Diversified Realty: On behalf of retailer, sued landlords in 12 states affiliated with a national shopping center developer alleging that the landlords could not charge "insurance" expenses that were not paid to commercial insurance companies. Summary judgment was granted in favor of the retailer.
Hall v. Best Buy: Defended retailer in a class action alleging age discrimination during the course of a reduction-in-force. Case settled prior to rulings on retailer's summary judgment motions.
ValueMax Litigation: Defended Pitney Bowes Credit Corporation in multiple class action lawsuits alleging that a contractual risk-of-loss provision constitutes insurance. Obtained summary judgment in two cases. One RICO class action was dismissed for failure to prove "intent," which was affirmed on appeal. Chris Albritton Construction Co. v. Pitney Bowes Credit Corp., 304 F.2d 527 (5th Cir. 2002).
In re Blue Cross and Blue Shield Subscriber Litigation: Defended Blue Cross in class action lawsuit by subscribers who claim entitlement to Blue Cross' tobacco litigation settlement.
In re Recomm Int'l Display Ltd. Contract Litigation: Defended leasing company from nearly 50 class action and multi-plaintiff lawsuits alleging RICO, securities claims, and fraud. Resolved most claims through another party's bankruptcy.
Daggett Truck Lines v. Blue Cross: Defended Blue Cross in ERISA class action alleging a failure to share negotiated provider savings. Plaintiffs voluntarily dismissed claims after discovery but before class certification.
In re Managed Care Litigation: Defended heath insurers in RICO class actions lawsuits alleging improper use of medical necessity definition and failure to properly pay physicians.