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 When those rulings were superseded by a ruling of the Delaware Supreme Court, DuPont filed motions for judgment on the pleadings which led to a certified question proceeding before the Hawaii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

Consolidation of PetroLiance LLC
The firm served as lead counsel for PetroLiance LLC, an oil company, in four-way consolidation that created the nation’s largest distributor of more
Environmental counsel to private equity fund investing in redevelopment of contaminated property
Provide environmental counsel to a private equity fund in connection with regulatory, liability transfer and insurance issues relating to the more
Assisted real estate developer in the assemblage and acquisition of a downtown Raleigh site for future urban high-rise mixed use project
Assisted real estate developer in the acquisition of a site in downtown Raleigh that will one day be home to an urban mixed use public-private more
Litigation for national cable company
Represented a leading national cable company in dispute with a regional telecom company over whether telecom’s IPTV services violate cable more