RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.
International Paper Co. v. Kennedy Specialty Lumber (E.D. Marshall Tex). Representation of International Paper in a complex commercial fraud and conspiracy jury trial after principal defendant was acquitted. Defendants counter claimed and demanded $140 million shortly before trial. More than 20,000 exhibits were introduced during the trial. The jury returned a $1 million verdict (the exact amount requested in closing) in favor of International Paper and rejected defendants’ counter claim.
In Re: Cellphone Termination Cases (Alameda County Circuit Court,
California) Represented a national wireless phone company in a jury trial
involving a class of approximately 2 million former California customers who had
established that the wireless phone company’s early termination fee (ETF) was
invalid under California law. Represented the company in the damages phase of
the trial in which our client was pursuing a counter-claim against the Class.
The jury awarded our client approximately $18 million in damages. The verdict
was later overturned and the case ultimately settled.
Commonwealth of Virginia, et. al v. Nationwide Insurance company, et. al (Richmond Cir. Ct.) Officially appointed by the Commonwealth of Virginia to represent it and Virginia Tech in suing five insurance companies and their agent in a Fraud Against Taxpayers Act case involving fraud in the procurement and administration of student health insurance. Before trial the insurance companies agreed to pay approximately $20 million, which was the largest Virginia Fraud Against Taxpayers Act settlement in the history of Virginia.
Thomas v. Atlantic Richfield, DuPont (Milwaukee, Wis. Circuit Court) – Representation of DuPont in a five-week jury trial in which the plaintiff and his guardian ad litem alleged that the plaintiff suffered permanent brain damage as a result of childhood lead poisoning. The case was the first in the country to go to trial under a recently created "risk contribution" theory of liability. The trial received national attention and was closely followed by the plaintiff and defense bars. The jury returned a complete defense verdict.
Alsobrook vs. UPS Ground Freight (USDC Memphis, Tenn.). Representation of UPS in a four-plaintiff hostile environment, race and retaliation jury trial brought under Title VII and Section 1981. Plaintiffs alleged a hostile environment, including a noose, two death threats, a gun, various instances of patently offensive graffiti and racial epithets by coworkers and supervisors. Plaintiffs sought damages in excess of $10 million. After a two-week trial the jury returned a complete defense verdict.
Willie Homer Stephens, Guardian Ad Litem for Lillian Colvin, v. CSX Transportation (Hampton County Circuit Court, S.C.). Representation of CSX in this three week jury trial. The plaintiff alleged that CSX's negligence in operating one of its trains and in failing to clear vegetation at a crossing in Hampton County, S.C. resulted in an accident that caused brain damage to a minor. During closing arguments plaintiff's counsel requested actual and punitive damages in excess of $40,000,000.00. The 12-person jury returned a unanimous defense verdict in favor of CSX. This case was later affirmed in part, reversed in part and remanded for a new trial by the South Carolina Supreme Court.
Musburger Ltd. V. Meier (Cook County Circuit Court.). Retained approximately 45 days before trial to represent a prominent entertainment lawyer in a commercial jury trial with a Chicago radio personality. Defendant brought a $15 million counterclaim against our client for malpractice and breach of fiduciary duty. The jury returned a verdict in favor of our client.
Hicks v. International Paper Company (E.D. Tex). Retained by International Paper Company approximately 60 days before a jury trial to represent it in an environmental tort case under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and the Clean Water Act. Case settled favorably after jury selection.
Nevamar v. Charleswater (D. Md.). Representation of Nevamar, in this patent infringement case. Client asked Mr. Harmon to try the case approximately 100 days before trial. Plaintiff calculated damages of approximately $100 million. Case settled favorably shortly before trial.
Reid v. Boeing (Seattle, Washington) Represented Boeing in a Sarbanes Oxley Whistle Blower case brought by a former internal auditor. The auditor claimed he repeatedly reported violation of SOX to Boeing. Thereafter, plaintiff alleged he was subjected to professional and personal harassment that harmed him physically and resulted in his termination. After a two-week trial, Boeing received a complete jury verdict.