In re Zetia (Ezetimibe) Antitrust Litigation
Represent Merck in antitrust litigation in which direct and indirect purchasers claim that Merck’s settlement of a Zetia® Hatch-Waxman patent case violated antitrust laws, and in which plaintiffs claim billions of dollars in overcharge damages. Served on trial team when MDL case settled during jury selection.
Gardasil Litigation
Represent Merck in nationwide litigation involving Gardasil, the HPV vaccine. Briefed and argued dispositive motions in key cases, which led to dismissal order based on preemption theory. Developed litigation strategy and deposed witnesses, including plaintiff.
Gadolinium Retention Contrast Dye Litigation
Represent Bayer in nationwide litigation regarding Bayer’s Magnevist® contrast dye. Plaintiffs claim that they developed a variety of injuries as a result of retaining gadolinium in their bodies following use of Bayer’s gadolinium-based contrast agent Magnevist® and other contrast agents during MRI procedures.
Day-to-day management of litigation in multiple forums. Argued multiple significant motions, including motions to dismiss on grounds of federal preemption and personal jurisdiction. Briefed other major motions, including Daubert and summary judgment motions, as well as oppositions to motions to remand. Argued appeals in the First and Ninth Circuits on key jurisdictional issues. Drafted successful certiorari petition and secured U.S. Supreme Court order vacating Ninth Circuit ruling. Served on team that briefed successful opposition to MDL consolidation. Deposed witnesses and conducted discovery.
Secured dozens of voluntary dismissals, in addition to court-ordered dismissals, over the course of the litigation.
- In re Gadolinium-Based Products Liability Litigation (J.P.M.L.) Defeated plaintiffs’ petition to create an MDL before the Judicial Panel on Multidistrict Litigation.
- Fischer v. Bayer HealthCare Pharmaceuticals Inc. (D. Ariz.) In bellwether cases, won exclusion of plaintiffs’ four general causation experts in an 85-page opinion followed by full summary judgment. Plaintiffs voluntarily dismissed their appeal to the Ninth Circuit.
- Langara v. Bayer Corp. (D. Mass, 1st Cir.) Briefed and argued successful motion to dismiss in the District of Massachusetts, as well as subsequent appeal in the U.S. Court of Appeals for the First Circuit.
- Sabol v. Bayer HealthCare Pharmaceuticals Inc. (S.D.N.Y.) Argued and won motion to dismiss based on a novel preemption theory resulting in published opinion.
- McGrath v. Bayer HealthCare Pharmaceuticals Inc. (E.D.N.Y.) Won motion to dismiss based on a novel preemption theory resulting in a widely cited published opinion.
- Combs v. Bayer HealthCare Pharmaceuticals Inc. (N.D. Ohio) Won motion to dismiss on statute of limitations grounds based on plaintiff’s statements at FDA conference unearthed through online research.
- Klein v. Bayer HealthCare Pharmaceuticals Inc. (D. Nev.) Won motion to dismiss based on a novel preemption theory not previously accepted by any district court in the Ninth Circuit.
- Goodell v. Bayer HealthCare Pharmaceuticals Inc. (D. Mass.) Won motion to dismiss based on lack of personal jurisdiction over in-state plaintiff’s claims as well as preemption.
Home Depot U.S.A., Inc. v. Lafarge North America Inc.
Represent defendant in an antitrust lawsuit in which the largest direct purchaser of drywall alleges a nationwide conspiracy to fix prices in the drywall industry. Briefed motion for summary judgment before MDL court, as well as multiple interlocutory appeals to the Third Circuit.
IVC Filter Litigation
Served on trial team in product liability case against IVC filter manufacturer in case set for a jury trial in the Pennsylvania Court of Common Pleas. The case settled days before jury selection.
Ozinga Bros. Inc. v. Holcim (US) Inc.
Served as a lead counsel defending major building materials manufacturer in Sherman Act and Robinson-Patman Act suit brought by customer. Formulated countersuit, briefed dispositive motions, and contributed to settlement strategy.
In Re: Testosterone Replacement Therapy Products Liability Litigation
Represented AbbVie in MDL bellwether trial where the plaintiff claimed AndroGel caused his deep vein thrombosis. The jury returned a complete defense verdict for AbbVie in June 2018.
Represented AbbVie in cases where plaintiffs opted out of MDL settlement program, including deposing witnesses, developing case strategy, and leading briefing efforts for dispositive and other significant motions.
Hanson v. United States
Briefed and argued habeas corpus appeal in the Seventh Circuit as court-appointed counsel for petitioner. Appeal raised multiple complex issues of federal law, including whether Supreme Court opinion created new rights that entitled defendant to a resentencing.
