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 When those rulings were superseded by a ruling of the Delaware Supreme Court, DuPont filed motions for judgment on the pleadings which led to a certified question proceeding before the Hawaii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

Trademark portfolio protection for Equifax Inc.
Represents Equifax Inc., one of the United States' largest credit reporting agencies, by helping Equifax protect and maintain its trademarks, more
Finance transaction for a leading European financial services company
Represented a leading European financial services company in connection with a €140 million sale and lease back connected to a Swedish power more
Favorable jury verdict in insurance coverage action
Represented ABT Building Products Corp. and ABT Co. Inc., one of the largest manufacturers of building materials in North America, and working more
Financial services for a stock transfer business agency
Represented a large New York-based national independent stock transfer agency in establishing successor borrower programs in connection with more