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 When those rulings were superseded by a ruling of the Delaware Supreme Court, DuPont filed motions for judgment on the pleadings which led to a certified question proceeding before the Hawaii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

Outsourcing for a major credit card and check verification company
Represented a major credit card and check verification company in the outsourcing of human resources and finance and accounting departments to a more
CMBS trusts and collateralized debt obligation transactions with respect to restructuring and liquidating loans
Represented special servicer for CMBS trusts and collateralized debt obligation transactions with respect to restructuring and liquidating loans more
Borrower representation for loan to Goldsboro Milling Company
Represented Goldsboro Milling Company in securing a $170 million loan from multiple lenders secured by personal and real property in multiple states. more
Sales commission litigation for beverage container supplier
Represented a leading supplier of fridge packs and other beverage containers in litigation brought by a former sales representative claiming an more