United States ex rel. Todd Heath v. Wisconsin Bell, Inc., 593 F. Supp. 3d 855 (E.D. Wis. 2022) rev’d and remanded, 75 F.4th 778 (7th Cir. 2023) – Represented a whistleblower in a False Claims Act suit alleging that Wisconsin Bell overcharged schools and libraries for telecommunications and information services under the Federal Communications Commission’s E-rate program. The Seventh Circuit ruled the whistleblower identified specific evidence of discriminatory pricing, reversing the district court’s summary judgment decision and remanding the case for trial.
Cook County, Illinois v. Kevin K. McAleenan, 417 F. Supp.3d 1008 (N.D. Ill. 2019), aff’d 962 F.2d 208 (7th Cir. 2020). See also Wolf v. Cook County, Illinois, 140 S. Ct. 681 (2020)– Represented Cook County, Illinois, in a nationally significant case challenging the Trump administration’s “public charge” immigration rule regarding potential rejections of permanent resident applications based on the applicant’s use or predicted use supplemental public benefits. The Northern District of Illinois granted the plaintiffs’ motion for preliminary injunction and barred application of the rule throughout Illinois, granted the plaintiffs’ summary judgment motion and vacated the rule on a nationwide basis and finally denied a petition to intervene filed by a group of states after the Biden administration discontinued its defense of the rule.
Starck v. Saul Ewing Arnstein & Lehr, LLP, 2022 IL App (1st) 210680-U – Represented a law firm and one of its partners who were sued by purported estate beneficiaries in action alleging legal malpractice and tortious interference pertaining to drafting will and trust documents. A motion to dismiss with prejudice was granted, and without oral argument, the appellate court unanimously affirmed the dismissal.
Whirlpool Corporation v. Faegre Drinker Biddle & ReathLLP, 2020 IL App (1st) 191042-U – Represented a law firm in a $32 million legal malpractice defense case brought by a former client regarding advice about U.S. customs duties’ import regulations. The jury rendered a verdict in favor of the law firm, awarding nothing to the former client, and without oral argument the appellate court unanimously affirmed the judgment.
In re Text Messaging Antitrust Litigation, 782 F.3d 867 (7th Cir. 2015) – Defended class-action lawsuit against AT&T, Sprint, Verizon and T-Mobile in a case alleging text message price-fixing in the “unbundled” market and seeking $2.7 billion in damages before trebling. The district court granted summary judgment, which was affirmed by the court of appeals after finding no expressed agreement to fix prices, even if there was parallel conduct that resulted in the same prices for unbundled text messages.
Safeco v. AIG, 710 F.3d 754 (7th Cir. 2013) – Represented seven Settlement Class Plaintiffs on behalf of a class of 1,300 insurance companies accusing AIG of defrauding the risk pool comprising insurance companies in the workers compensation market. A $450 million class-action settlement was approved by the district court after 14 hearings, appealed by objectors who subsequently voluntarily dismissed the appeal with prejudice after oral argument in the Seventh Circuit and without monetary or other consideration from Settlement Class Plaintiffs.
In re Johns Manville, 600 F.3d 135 (2d Cir. 2010) – On remand from the Supreme Court, the Second Circuit rejected remaining objections to and approved the firm’s client’s $90 million settlement with Travelers Insurance Company in the leading asbestos-related bankruptcy case in history.
CITGO Petroleum Corp. v. McDermott Intern., 368 Ill.App.3d 603 (1st Dist. 2006) – Represented prior owner and constructor of oil refinery facing third party contribution action from equipment manufacturer accused of providing defective equipment which resulted in a fire causing $600 million in property damage and business interruption losses. The third-party action was dismissed before trial, and the dismissal was affirmed by the appellate court two days after the jury awarded $387 million against defendant/third party plaintiff in the underlying case.
Comprehensive Community Solutions, Inc. v. Rockford School Dist. No. 205, 216 Ill.2d 455 (2005) – Represented school district in case affirming the district’s right to deny a charter school application based on the district’s financial condition.