Commercial Results

Commercial Appeals

 

Fisher v. Tice, 692 Fed.Appx. 54 (2d Cir. 2017) (represented plaintiffs on their appeal from the court's grant of summary judgment; breach of contract and breach of fiduciary duty; argued; affirmed).

SEB S.A. v. Sunbeam v. Pentalpha, 302 Fed. Appx. 870 (11th Cir. 2008) (represented appellant; Laura Scileppi argued; breach of contract and fraud; reversed and remanded; adversary represented by Greenberg Traurig).

SEB S.A. v. Sunbeam v. Pentalpha, 476 F.3d 1317 (11th Cir. 2007) (represented appellant; argued; breach of contract and fraud; reversed and remanded; adversary represented by Greenberg Traurig).

SEB S.A. v. Sunbeam v. Pentalpha, 148 Fed. Appx. 774 (11th Cir. 2005) (represented appellee/cross-appellant; argued; breach of contract and fraud; affirmed except remanded as a result of the cross-appeal for a recalculation of our client's prejudgment interest on its $6.6 million jury verdict from the last day of the contract rather than the date of the jury verdict; judgment increased to $8.1 million).

Red Ball Interior Demolition Corp. v. Palmadessa, 173 F.3d 481   (2d Cir. 1999) (Sotomayor, C. J.) (represented appellant; argued; construction of settlement agreement; reversed).

Garver v. Brown & Co. Securities Corp., 164 F.3d 617 (2d Cir. 1998) (represented appellant; argued; breach of contract; reversed and remanded).

Hart-Carter Co. v. HCC, Inc., 108 F.3d 1381 (8th Cir. 1997) (represented appellant; fraud; affirmed).

Hart-Carter Co. v. HCC, Inc., 68 F.3d 165 (7th Cir. 1996) (Posner, C. J.) (represented appellant; argued; breach of contract; reversed).


Commercial Trials

 

Nationwide Sales and Services Inc., et al., v. Omi Electronics Mfg. Co. Ltd., et al., November 2023; E.D.N.Y.; jury trial; claim for breach of contract and counterclaims for breach of contract, tortious interference with contract and defamation; represented plaintiffs and counterclaim defendants; 5 days; favorable verdict of $499,334 on plaintiffs’ claim, tort counterclaims dismissed as a matter of law and defense verdict on the breach of contract counterclaim.

Wendy Starland v. Rob Fusari and Rob Fusari Productions, LLC, November 2014; D.N.J.; jury trial; represented plaintiff; breach of oral contract involving the discovery and development of Stefani Germanotta p/k/a Lady Gaga; 7 days; favorable verdict of over $7.3 million, representing all that plaintiff requested from the jury in closing; verdict vacated due to Court's conclusion that it had improperly admitted eight words of deposition testimony; settled.

SEB S.A. v. Sunbeam v. Pentalpha, January 2004; S.D. Fl.; jury trial; represented defendant-counterclaimant; breach of contract; one week; favorable verdict of $6.6 million against Sunbeam and unfavorable verdict of $2.45 million against our client; adversary represented by Jenner & Block and Greenberg Traurig; affirmed by the Eleventh Circuit, except remanded for a recalculation of our client's prejudgment interest from June 30, 2001 rather than the date of the jury verdict; $8.1 million judgment in favor of our client on remand; two subsequent appeals to the Eleventh Circuit.

Out-A-Sight Pet Containment v. Radio Systems Corp., October 2004; E.D. Pa.; jury trial; represented plaintiff; breach of contract and antitrust; two weeks; adverse verdict; affirmed on appeal. 

Townley & Updike v. United Magazine Co., July 1999; S.D.N.Y.; jury trial; represented defendant; breach of contract; one week; adverse verdict. 

D'Orange v. Feely, July 1996; S.D.N.Y.; inquest; represented plaintiff; RICO; one day; award of $1.3 million; reported at 894 F.Supp. 159, aff'd, 101 F.3d 1393.