Selected Reported Opinions

The following cases are some of the published decisions in which LDGR has been involved:

FEDERAL COURTS

Teva Pharmaceuticals USA, Inc. v. Novartis Pharmaceuticals Corp., 482 F.3d 1330 (Fed. Cir. 2007) (reversing dismissal of suit for declaratory judgment of validity or infringement of patents)

Gross v. German Foundation Industrial Initiative, 456 F.3d 363 (3d Cir. 2006) (suit seeking monies for victims of Nazi-era wrongs is justiciable, despite political question, act of state, and international comity doctrines)

In re Schering ERISA Litigation, 420 F.3d 231 (3d Cir. 2005) (reversing dismissal of ERISA securities class action)

Yang v. Odom, 392 F.3d 97 (3d Cir. 2004) (reversing dismissal of securities class action)

Weiss v. Regal Collections, 385 F.3d 337 (3d Cir. 2004) (defense of class action case; offer of judgment rule may not be used to “buy off” class representative in Fair Debt Collection Practices Act case; case later settled very favorably for LDGR’s client)

In re Prudential Ins. Co. of America Sales Practices Litigation, 278 F.3d 175 (3d Cir. 2002) (upholding sanctions against objector to nationwide insurance sales practices settlement)

Semerenko v. Cendant Corp., 223 F.3d 165 (3d Cir. 2000) (reversing dismissal of securities class action; case later led to $26 million nationwide settlement for shareholders)

In re Prudential Ins. Co. of America Sales Practices Litigation, 148 F.3d 283 (3d Cir. 1998) (affirming approval of nationwide insurance sales practices class action settlement worth billions of dollars to policyholders)

In re Atlas Mining Co. Sec. Litig., 2008 WL 821756 (D. Idaho, March 25, 2008) (appointing LDGR Lead Counsel in nationwide securities fraud class action).

New Jersey v. Sprint Corp., 531 F. Supp. 2d 1273 (D. Kan 2008) (sustaining complaint for securities fraud under new Tellabs standard).

In re Motorola Securities Litigation, 2007 WL 487738 (N.D. Ill. March 29, 2007) (denying in substantial part defendants’ motions for summary judgment in certified nationwide securities fraud class action; case settled on eve of trial for $190 million)

Zeno v. Ford Motor Co., Inc., 480 F. Supp. 2d 825 (W.D. Pa. 2007) (denying defendant’s motion for summary judgment in certified class action for breach of contract)

Zeno v. Ford Motor Co., 238 F.R.D. 173 (W.D. Pa. 2006) (certifying class of Pennsylvania auto buyers and lessees in breach of contract case)

In re Bradley Pharmaceuticals, Inc. Sec. Litig., 421 F. Supp. 822 (D.N.J. 2006) (sustaining securities class action complaint)

Aventis Pharmaceuticals, Inc. v. Barr Laboratories, Inc., 411 F. Supp. 2d 490 (D.N.J. 2006) (denying application to enjoin client’s sale of a generic drug product)

In re Gabapentin Patent Litigation, 407 F. Supp. 2d 607 (D.N.J. 2005) (granting motion to disqualify adversary’s counsel for conflict of interest)

In re Gabapentin Patent Litigation, 393 F. Supp. 2d 298 (D.N.J. 2005) (granting summary judgment of non-infringement)

In re Aventis Pharmaceuticals, Inc., 372 F. Supp. 2d 430 (D.N.J. 2005) (favorable claim construction leading to summary judgment)

Varacallo v. Massachusetts Mutual Life Ins. Co., 226 F.R.D. 207 (D.N.J. 2005) (approving nationwide class action settlement of insurance sales practices case worth over $768 million to class members, and noting that this was third largest insurance sales practices settlement ever)

Aventis Pharmaceuticals, Inc. v. Barr Laboratories, Inc., 335 F. Supp. 2d 558 (D.N.J. 2004) (granting summary judgment, as to certain patents, for generic manufacturers of Allegra®)

In re Gabapentin Patent Litigation, 312 F. Supp. 2d 653 (D.N.J. 2004) (affirming magistrate judge’s denial of motion to unseal record on summary judgment motions)

New Jersey v. Sprint Corp., 314 F. Supp. 2d 1119 (D. Kan. 2004) (denying motion to dismiss federal securities class action complaint)

National Group for Communications and Computers, Ltd. v. Lucent Technologies, 331 F. Supp. 2d 290 (D.N.J. 2004) (interpreting Saudi Arabian law in complex international breach of contract case)

In re Aremissoft Corp. Securities Litigation, 210 F.R.D. 109 (D.N.J. 2002) (approving class action settlement in complex fraud case worth hundreds of millions of dollars to class members)

In re Bristol-Myers Squibb Securities Litigation, 205 F.R.D. 437 (D.N.J. 2002) (computerized discovery must be produced in electronic form; requesting party cannot be required to pay for transforming such discovery into paper form)

In re Nazi Era Cases Against German Defendants Litigation, 198 F.R.D. 429 (D.N.J. 2000) (affirming dismissal of case in order to permit multi-billion dollar settlement fund established in Germany to go forward- LDGR attorney Allyn Z. Lite specifically recognized in opinion for his efforts)

Ace Burlap & Bag Co., Inc. v. Sea-Land Service, Inc., 40 F. Supp. 2d 233 (D.N.J. 1999) (granting summary judgment to ocean carrier in action under Carriage of Goods by Sea Act and other maritime statutes)

In re Computron Software, Inc. Securities Litigation, 6 F. Supp. 2d 313 (D.N.J. 1998) (approving $15 million federal securities class action settlement)

Brosious v. Children’s Place Retail Stores, 189 F.R.D. 138 (D.N.J. 1998) (granting class certification in federal securities class action)

Weiss v. Mercedes-Benz of North America, Inc., 899 F. Supp. 1297 (D.N.J.), aff’d, 66 F.3d 314 (3d Cir. 1995) (approving $75 million nationwide consumer class action settlement)

STATE COURTS

NCP Litigation Trust v. KPMG LLP, 187 N.J. 353 (2006) (litigation trust, representing corporation’s shareholders, can sue auditor for negligently failing to discover intentional misrepresentations of corporate officers)

Lamorte Burns & Co. v. Walters, 167 N.J. 285 (2001) (leading Supreme Court of New Jersey decision on employment restrictive covenants and duty of loyalty)

Muise v. GPU, Inc., 391 N.J. Super. 90 (App. Div. 2007) (reversing Law Division’s refusal to obey appellate mandate to certify class)

ERETC, LLC v. City of Perth Amboy, 381 N.J. Super. 268 (App. Div. 2005) (city planner’s report insufficient to justify designation of property as area in need of redevelopment)

Deegan v. Perth Amboy Redevelopment Agency, 374 N.J. Super. 80 (App. Div. 2005) (upholding municipal adoption of redevelopment plan)

Muise v. GPU, Inc., 371 N.J. Super. 13 (App. Div. 2004) (reinstating class certification in consumer class action case)

Leon v. Rite Aid Corp., 340 N.J. Super. 462 (App. Div. 2001) (reversing dismissal of consumer class action)

Varacallo v. Massachusetts Mutual Life Ins. Co., 332 N.J. Super. 31 (App. Div. 2000) (reversing denial of class certification; case later led to $768 million nationwide class action settlement in Varacallo v. Massachusetts Mutual Life Ins. Co., 226 F.R.D. 207 (D.N.J. 2005))