TRIAL AND APPELLATE VICTORIES

We have won significant trial and appellate victories for our clients in a wide range of cases.  Our successful representations include the following:

  • Boeing v. United States
    Assisting co-counsel, we successfully challenged the Department of Defense’s award of a contract to replace the United States’ aging fleet of aerial refueling tankers to a competing bidder.  On rebid, Boeing won the contract which was worth tens of billions of dollars to our client.
  • TennCare Litigation
    In a series of a lengthy trials and appeals in several different cases, we successfully represented Tennessee’s efforts to reform its Medicaid system.  As a result of these victories, the state has saved billions of dollars.
  • Novell, Inc. v. Microsoft Corp., No. 10-1482 (4th Cir. 2011)
    We represented Novell in a multi-billion dollar antitrust lawsuit against Microsoft.  Novell alleges that Microsoft engaged in anticompetitive behavior which prevented its WordPerfect and Quattro Pro software from being compatible with Windows 95 and thus inflicted billions of dollars of harm on Novell.  We appealed the district court’s dismissal of the suit, and the Fourth Circuit reversed.
  • 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.
  • United States ex rel. Thompson v. Columbia Healthcare, Inc., et al
    We represented a relator and who secured a settlement of $225 million from Columbia HCA for falsely seeking and obtaining Medicare reimbursements. Of the total settlement, our client received $47 million.
  • City of New York v. Clinton, 524 U.S. 417 (1998)
    We represented New York City and several health care providers and associations in their challenge to the constitutionality of the Line Item Veto Act. The Supreme Court held that the Act violated the Presentment Clause of the Constitution and reinstated the appropriation that was worth approximately $2.1 billion.
  • Ford Motor Company v. United States (Fed. Cir. 2004)
    We successfully represented Ford Motor Company in a breach of contract suit against the United States arising from a World War II contract for the manufacture of B-24 Liberation Bombers. Ford sought to recover the environmental cleanup costs it has incurred in connection with Ford’s performance of the cost-plus-a-fixed-fee contract. After a favorable ruling from the Federal Circuit, the case settled.
  • Duke Lacrosse
    We represented 39 members of the Duke Lacrosse team in connection with civil litigation arising out of the rape hoax scandal.  On behalf of our clients, we sued Duke University and its top officers.  After extensive discovery of Duke, the case settled.
  • 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. After a three-week trial and appeal, our client prevailed and 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.
  • Johnson v. Bush, 405 F.3d 1214 (11th Cir. 2005)
    We represented Governor Jeb Bush and the other members of Florida’s clemency board in their defense of Florida’s felon disenfranchisement laws against a class action filed on behalf of 400,000 convicted felons. The plaintiffs brought suit under the Fourteenth Amendment and Section 2 of the Voting Rights Act. The Eleventh Circuit sitting en banc ordered the dismissal of the suit.
  • 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 and trial appeal, the court of appeals awarded all the relief sought by our client.
  • Statesman v. United States, (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 very favorable terms.
  • 216 Jamaica Ave., LLC v. S & R Playhouse Realty Co., (6th Cir. 2008)
    We successfully represented a commercial property owner in a landmark case involving the enforcement of gold clauses in long-term commercial leases. Gold clauses were a common feature of early twentieth century contacts and allowed landlords to index rental payments to the value of gold.  We convinced the Sixth Circuit that transfer of a lessee’s interest constituted a novation and revived gold clauses from the original lease contract.  After a favorable ruling from the Sixth Circuit, the case settled.
  • Gen. Dynamics Corp. v. United States, No. 09-1298 (U.S. 2011). We represented Boeing in a dispute with the Department of Defense over the government’s default termination of a $4.8 billion contract to build a carrier-based stealth attack plane for the Navy. We successfully persuaded the Supreme Court to throw out a ruling sustaining the default termination that could have forced Boeing and General Dynamics to pay nearly $3 billion to the Government.

 

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