Represented DuPont in "settlement fraud" case alleging federal RICO, fraud and other state law claims arising out of DuPont's alleged fraudulent inducement of hundreds of settlements of product liability claims in the early 1990s. Between 1996 and 2000, approximately 70 plaintiffs asserted "settlement fraud" claims against DuPont in the United States District Court for the District of Hawaii or in Hawaii state court, and DuPont asserted claims in federal court for breach of the settlement agreement. Ultimately, all of the federal cases were consolidated under the Matsuura case style. DuPont originally prevailed in the district court on motions to dismiss the "settlement fraud" claims based on provisions in the settlement agreements. When those rulings were superseded by a ruling of the Delaware Supreme Court, DuPont filed motions for judgment on the pleadings which led to a certified question proceeding before the Hawaii Supreme Court. After the Hawaii Supreme Court ruled, the District Court granted a number of dispositive motions filed by DuPont, as did the Hawaii state court in a related case. During the pendency of appeals from those decisions, the vast majority of the Hawaii claimants settled. Similar dispositions results in Florida and Georgia litigations.

Experience Center

Match our Experience to Your Needs

Experience Highlights

Billing dispute between a major hospital owner and a managed care company
Successfully represented a major hospital owner in connection with a dispute with a managed care company. more
Wage and hour litigation for national logistics company
Successfully defended a national logistics company in a lawsuit alleging violations of FLSA, wage and hour laws. more
In re NII Holdings
Represented creditors committee for NII Holdings Inc. (f.k.a. Nextel International) in connection with restructuring of more than $2 more
Multi-currency syndicated senior revolving credit facility for provider of information solutions
Representation of publicly held provider of information solutions, as borrower, in connection with $500 million multi-currency syndicated senior more