- When the acquisition of a large European company fell through, the plaintiff, a U.S. company, sued an international investment broker for several million dollars, claiming that the broker withheld vital information about the European company. We succeeded in having the case dismissed before trial and prevailed on the appeal in the Circuit Court of Appeals for the Sixth Circuit. We then proceeded to recover several thousand dollars in attorneys’ fees for our client.
- Under a long-term coal supply agreement, an electric utility committed to purchase over 2,000,000 tons of coal annually from our client, a major United States coal producer. In an effort to reduce its annual purchases by more than one-quarter of a million tons, the utility employed various reinterpretations of the contract. After a lengthy arbitration proceeding, we secured an order requiring the utility to purchase the full contract tonnage for the remaining 13 years of the agreement which represented in excess of 30,000,000 tons of coal.
- Sued on a $12,000 invoice, our client countersued for defective performance by the manufacturer responsible for anodizing cookware. At trial, we won judgment for the entire amount of the counterclaim which was in excess of $250,000.
- Our clients exercised their rights to terminate an agreement to acquire a department store chain because the agreement’s due diligence condition as to the value of the assets was not satisfied. The seller sued for an amount in excess of $10,000,000 claiming that the condition had been waived. We successfully defended the client’s decision through two years of litigation and negotiated a settlement under which the client purchased only the few stores it wanted at their actual value.
- After purchasing the assets of two competing businesses, our client learned that the sellers were back in business violating the covenants not to compete that they had made in connection with the transaction. We filed complaints to enjoin the unlawful competition and ultimately secured the sellers’ consents to the injunctions proving the enforceability of the covenants, thereby saving our client substantial litigation costs.
- A specialty steel manufacturer suffered substantial business loss when a new furnace failed causing a molten metal run-out. The company’s business interruption insurer offered to pay only nominal damages. We sued, and the jury awarded over $1,000,000 in damages, which the insurer ultimately paid, at a small discount, rather than appeal.
- We obtained summary judgment on behalf of a local development authority, the defendant in a multi-million dollar breach of contract and tort action. The plaintiff alleged that it was the successful low bidder on a large environmental remediation and construction project and brought claims against our client alleging a failure to award the bid to the lowest responsible bidder. The plaintiff sought $26 million in compensatory damages and asked for punitive damages. On our motion, summary judgment was obtained on behalf of our client and the District Court’s ruling was upheld by the United States Circuit Court of Appeals and certiorari to the United States Supreme Court was denied.
- A former vice-president sued our client for several hundred thousand dollars in commissions on a score of complex equipment leases he had helped to close. Consistent with our advice, the employer offered the relatively small amount his records indicated was owed. The former employee sued, and after a complicated bench trial explaining the intricacies of each of the various equipment lease transactions, the court awarded precisely what we had advised the employee was actually due.
- Two electric utilities refused to allow our cable television client to lease space on their utility poles in favor of a competing cable television company which had sought to rent the poles only after our client had first applied to rent them. At the conclusion of the hearing to enjoin the utilities from favoring the competitor, the utilities withdrew their opposition to the injunction and agreed to acknowledge our client’s prior right to use the poles. Thereafter, our client constructed the new cable system it had set out to build.
- Our client formed an affiliated company to provide environmental services to its customers. The former employer of two officers the affiliated company hired sued to enjoin the officers from working for the client’s affiliate even though they had not signed any agreements not to compete. We filed the preliminary motions to the suit which the trial court granted and then dismissed the case without a trial. We prevailed in appeals of the decision all the way to the Pennsylvania Supreme Court.
- Our client, a Dutch Corporation, owned the exclusive rights and license to the “total image” of one of the world’s foremost tennis superstars. On behalf of our client, we brought claims against a sports equipment manufacturer for breach of endorsement contracts, unjust enrichment, and various other business torts. We obtained a favorable settlement for our client with payment of the proceeds coming in part, from the principals of the manufacturer.
- After a subcontractor’s concrete materials failed, our client’s general contractor was set back several months and several hundred thousand dollars. The client terminated the subcontractor and threw it off the job. Convinced that the subcontractor was insolvent, the client did not intend to sue it. We argued that the subcontractor’s liability insurer covered the accident and filed suit. The insurer settled the claim by paying a large percentage of the client’s losses.
Restraint of Trade/Antitrust
Trade Secrets/Intellectual Property