Kirkland averages one trial every week of the year. Some recent examples of Kirkland’s trial victories are below.
Owens, et al. v. Johnson & Johnson, et al. (Cal. Super. Ct.)
Lead defense counsel for Johnson & Johnson in coordinated California proceedings concerning talcum powder. Kirkland secured a full defense verdict in the second ovarian cancer bellwether trial.
In re Uber Rideshare Litigation, JCCP 5188 (Cal. Super. Ct.); In re Uber Technologies, Inc., Passenger Sexual Assault Litigation, MDL 3084 (N.D. Cal.; D. Ariz.)
Representing Uber Technologies, Inc. in California state court coordinated proceedings and in federal multidistrict litigation alleging Uber failed to implement appropriate safety precautions to protect passengers. Kirkland secured a full defense verdict in the first bellwether trial and a favorable verdict in the first MDL bellwether trial. Ongoing.
Johnson, et al. v. American International Industries, et al. (S.C. Ct. Com. Pl.)
Lead trial counsel for Johnson & Johnson in a civil action in South Carolina state court regarding allegations of asbestos contaminated talcum products. After just two hours of deliberation, the jury unanimously found for J&J, clearing claims of negligence, strict liability, and punitive damages, and finding that Johnson’s Baby Powder was not the cause of plaintiff’s cancer.
VanCleave, et al. v. Abbott Laboratories (Cal. Super. Ct.)
Represented Abbott in a consumer class action in California state court challenging labeling statements on Abbott’s PediaSure children’s nutritional supplement products. Kirkland defeated class certification and secured a full defense verdict after a 17-day trial.
In re East Palestine Train Derailment (N.D. Ohio)
Represented GATX Corporation and a GATX subsidiary in class action and CERCLA litigation arising from the derailment of Norfolk Southern train in East Palestine, Ohio, and the resulting damage. After nearly four-weeks of trial, an Ohio jury unanimously cleared GATX Corporation of liability.
American Airlines v. City of Chicago, et al. (Ill. Cir. Ct.)
Representing United Airlines as intervenor in breach of contract litigation concerning a dispute over number of allocated gates at O’Hare International Airport. After a seven-day preliminary injunction trial, Kirkland defeated American’s request to delay O’Hare’s reallocation of gates.
Syntel Sterling Best Shores Mauritius Ltd., et al. v. The TriZetto Group, Inc., et al. (S.D.N.Y.; 2d Cir.)
Represented TriZetto and Cognizant in litigation adverse to Syntel involving healthcare software systems. Syntel alleged trade secret misappropriation, breach of contract and unfair competition, while TriZetto counter alleged trade secret misappropriation, copyright infringement and breach of contract. Kirkland secured a complete jury verdict in favor of TriZetto, including one of the largest trade secret damages verdicts in U.S. history. Over the next four years, a series of further decisions at the district and appeals court levels resulted in the Second Circuit affirming liability in full and remanding for further proceedings on compensatory damages. After a week-long proceeding, the jury again ruled in favor of TriZetto and awarded $70 million damages for lost sales, price erosion and royalty claims. This win added on to $300 million in punitive damages and attorneys' fees that Kirkland previously won, along with a permanent injunction enjoining Syntel from further misappropriation or copyright infringement. The total amount of $370 million makes this one of the largest and most significant trade secret awards to have been litigated under the Federal Defend Trade Secrets Act since its enactment.
Goldenberg v. Immunomedics, Inc. (Del. Ch.; Del.)
Representing Gilead Sciences’ subsidiary Immunomedics in litigation alleging breach of employment agreement and final order related to costs to develop, manufacture and commercialize Trodelvy®. Kirkland secured a full defense verdict after three days of trial.
Hayden v. 2K Games, Inc., et al. (N.D. Ohio)
Represented Take-Two Interactive Software and its subsidiary 2K Games in a closely watched lawsuit concerning whether it was copyright infringement for Take-Two to realistically depict tattoos inked by the plaintiff on certain basketball players in its basketball simulation video game, NBA 2K. Kirkland obtained various pretrial victories on behalf of Take-Two, which narrowed the case from six tattoos down to two and dismissed the plaintiff’s claims for unjust enrichment. At trial, the jury determined that the plaintiff had impliedly licensed LeBron James the right to show the tattoos as part of his likeness and to allow others to depict him, and that Mr. James had in turn licensed that right to Take-Two.
