Trial Practice

The lawyers of Cooper & Kirk have tried cases throughout the country. Typically, these trials have been lengthy and have involved both extensive factual and expert testimony. Our trial experience includes:

  • AmBase. v. United States
    We represented AmBase Corporation in a claim against the United States. The case arose out a governmental breach of contract that caused AmBase to lose its entire property interest in its wholly-owned subsidiary, Carteret Bancorp.  After a two month trial, the Court of Federal Claims awarded $205 million, and the case subsequently settled for $180 million.
  • TennCare Litigation
    In a series of a lengthy trials and appeals in several different cases, we successfully challenged several consent decrees that hampered Tennessee’s efforts to reform its Medicaid system.  As a result of these victories, the state has saved billions of dollars.
  • Perry v. Brown
    We represent the proponents of Proposition 8, a 2008 California ballot initiative that amended the California Constitution to state that “only marriage between a man and a woman is valid or recognized in California.”  We conducted a two and a half week trial during which numerous experts testified.  The case is currently pending before the United States Supreme Court.
  • Rossello, et al. v. Calderon, et al.
    398 F.3d 1 (1st Cir. 2004).  We successfully represented the Governor-Elect of Puerto Rico in a recount dispute in connection with the 2004 elections. The opposing candidate for governor challenged the validity of several thousand ballots. The district court held a three-week trial. Although the district court ruled in favor of the opposition candidate, the First Circuit reversed and ruled in favor of our client who served as the Commonwealth’s governor.
  • American Capital v. United States
    66 Fed. Cl. 315 (2005).  After a three week trial involving significant expert testimony, we won a $109 million verdict against the United States. The case involved complex damages issues relating to the cost of performance of a contract that the government breached.
  • Citizens Federal v. United States
    66 Fed. Cl. 179 (2005).  After a two week trial involving significant expert testimony, we won an $18 million verdict against the United States. The case involved quantification of mitigation costs resulting from the government’s breach of contract.
  • Rockford Board of Education v. People Who Care, 246 F.3d 1073 (7th Cir. 2001): we represented the Rockford, Illinois Board of Education in this school desegregation case.  After a lengthy trial and appeal, the court of appeals awarded all the relief sought by our client.
  • California Federal Bank v. United States
    43 Fed. Cl. 445 (1999). We represented California Federal in a three week trial. The case involved extensive expert testimony, with several Nobel Laureate economists testifying. The court awarded $22 million in mitigation damages for the government’s breach of contract.
  • Statesman v. United States
    No. 90-773C (Fed. Cl. 1998).  This case culminated in a five week trial arising from the government’s breach of contract. We sought lost profits that would have been generated by our client, absent the breach. At the conclusion of trial, the case settled on favorable terms.
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