Samson Lift Technologies, LLC v. Oshkosh Corporation and Jerr-Dan Corporation. Tony represented Jerr-Dan Corporation and its parent Oshkosh Corporation in this dispute, which involved alleged violations of a patent license agreement. The dispute ranged across various federal and state courts over several years. Tony helped obtain a complete dismissal of all claims against Oshkosh and many claims against Jerr-Dan through motions to dismiss and motions for summary judgment. The remaining claim against Jerr-Dan culminated in a month-long jury trial in state court in Manhattan, at which Tony was co-lead trial counsel. The trial was a resounding success. Although the jury ruled against Jerr-Dan on liability, the award of approximately $500,000 was several orders of magnitude less than the plaintiff sought.
Kimberly-Clark Corporation. Tony has served as both lead counsel and local counsel for Kimberly-Clark Corporation and its affiliates in various patent infringement and other patent- related matters in jurisdictions throughout the United States.
Asyst Technologies LLC et al. v. Eagle Eyes Traffic Ind. Co. Ltd, et al. As lead litigation counsel for the plaintiffs in this patent infringement suit in the automotive industry, Tony saw the case through to a successful settlement at the close of discovery.
M-B-W, Inc., et al. v. Multiquip, Inc., et al. This patent infringement case involved motorized power trowels used in the construction industry. Tony served with Howard Pollack as lead counsel. After Tony obtained summary judgment of infringement in favor of his clients, the case was settled prior to trial.
Seat Sack, Inc. v. Childcraft Education Corp., et al. Tony was lead counsel for Childcraft Education and its parent company, School Specialty, Inc., in this case, pending in the Southern District of New York, involving claims of trademark and patent infringement. Tony prevailed on summary judgment and on appeal to the Federal Circuit.
Ori v. Fifth Third Bank and Fiserv, Inc. Tony served as lead counsel for the defendants in this class action asserting violations of the Fair Credit Reporting Act and related common law claims. Tony obtained dismissal of the initial complaint. The case ultimately was settled after the named plaintiff filed an amended complaint.
TV Azteca SA de CV, et al. v. Durden, et al. Tony served as lead litigation counsel for TV Azteca in this copyright infringement case involving the unauthorized live broadcast of Mexican soccer games owned by TV Azteca. After locating the infringer, who used a fictitious name to operate the website, Tony helped negotiate a consent judgment involving a permanent injunction against the infringer and other relief.
Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc., et al. In this case involving claims of false advertising under the Lanham Act and FDA regulations for product labeling, Schwarz Pharma was represented by Hyman, Phelps & McNamara P.C., with Tony leading the local counsel team. After briefing on the plaintiff's motion for partial summary judgment and Schwarz Pharma's motion to dismiss, the complaint was dismissed in its entirety.
Wolters v. The Sportsman Channel, Inc., et al., and Demi & Cooper, Inc. v. The Sportsman Channel, Inc. These two related cases, one in the Western District of Michigan and one in an Illinois state court, centered around alleged copyright infringement in the use of a photograph in marketing materials. Tony served as lead counsel for The Sportsman Channel. Both matters were settled.
5560, LLC v. Clutch and Transmission Service, Inc. This case involved substantial claims and counterclaims for breach of a commercial lease. Tony served as lead counsel for the landlord, 5560, LLC. After a four-day trial, the jury awarded 5560, LLC damages in excess of what was initially requested.
UMB Fund Services, Inc. v. Mount Yale Opportunity Fund, LLC. Tony served as lead counsel for UMB Fund Services in this dispute over complex administrative services to a hedge fund. The matter was settled after extensive discovery.
Orren Pickell Development, LLC v. Delavan Resort Development, Inc. et al. In this Illinois state court case, Delavan Resort Development and its affiliates were accused of breaching agreements related to Orren Pickell's attempt to purchase certain resort property and assets in Wisconsin. Tony served as Delavan Resort Development's lead counsel, and prevailed on a motion to dismiss the complaint.
Aquent Partners Inc. v. Catalyst International, Inc. As lead counsel for Catalyst International in this Milwaukee County suit, Tony obtained a complete victory on all claims after a jury trial.
Wisconsin Patients Compensation Fund v. Physicians Insurance Company of Wisconsin, Inc. In this first-of-its-kind bad faith insurance dispute, Tony represented the Wisconsin Patients Compensation Fund as second chair in a lengthy jury trial. The Fund prevailed on its claims and was awarded a substantial judgment.
United States v. Peterson. In this appeal to the Seventh Circuit Court of Appeals, Tony was one of two attorneys who represented, pro bono, two individuals convicted in the Northern District of Indiana of violations of the Hobbs Act. After oral argument, the Seventh Circuit reversed both convictions for insufficient evidence.