WW+E Secures Trial Win for Bayer in $600 Million One A Day Class Action

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WASHINGTON, D.C. — The Wilkinson Walsh + Eskovitz team, led by Sean Eskovitz, Alex Walsh, James Rosenthal, and Kieran Gostin, won a decisive victory for Bayer in a $600 million certified consumer class action lawsuit brought on behalf of One A Day multivitamin consumers.  Without calling any witnesses in the defense case, the team relied on devastating cross-examinations of plaintiffs’ expert and fact witnesses to convince the jury to reject plaintiffs’ claims that Bayer had misrepresented the health benefits of One A Day multivitamins.  The jury deliberated for just an hour before returning a complete defense verdict.  The class action suit, filed on behalf of purchasers of One A Day multivitamins in California, New York, and Florida, challenged as false and misleading Bayer’s claims that One A Day multivitamins support heart health, immunity, and physical energy. Plaintiffs originally sought over $4 billion in damages, which WW+E successfully reduced to $600 …

Appeals Court Upholds Major Antitrust Win for WW+E Client Georgia Pacific

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WASHINGTON,D.C. — The U.S. Court of Appeals for the Seventh Circuit unanimously upheld a major trial court win for Wilkinson Walsh + Eskovitz client Georgia Pacific, affirming the dismissal of a high stakes antitrust class action lawsuit involving over $10 billion in claimed damages. Georgia Pacific hired WW+E to handle all aspects of summary judgment briefing and trial after the trial court certified Plaintiffs’ proposed class. The WW+E team, led by Beth Wilkinson, Alexandra Walsh, Brant Bishop, and Rakesh Kilaru, developed an evidentiary record focused on the absence of any evidence against Georgia Pacific, and filed independent briefs challenging Plaintiffs’ expert witnesses and seeking summary judgment. In June 2017, the court issued a Daubert opinion that imposed key limits on the testimony Plaintiffs’ witnesses could offer at trial, adopting several of WW+E’s arguments. On August 3, 2017, WW+E won summary judgment for Georgia Pacific. The court’s decision came just one …

Wilkinson Walsh Secures Victory in Pro Bono Custody and Divorce Trial

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Washington, D.C. — Following a six-day trial, Wilkinson Walsh + Eskovitz associates Cali Cope-Kasten and Hal Brewster secured a favorable judgment in a pro bono custody and divorce case in D.C. Superior Court.  The Court awarded WW+E’s client primary residential custody and joint legal custody, with tiebreaker decision making authority, of her five minor children.  The judge also found that WW+E’s client was entitled to an equitable lien on all major marital assets and awarded her a monetary judgment of more than a quarter-million dollars, along with ongoing child support that will help her establish financial independence in her new life. WW+E’s client separated from her husband in 2016 after multiple instances of abuse within the family.  After she filed for divorce, her estranged husband filed a countersuit in which he sought primary custody of their five children.  WW+E took on this pro bono representation as part of its ongoing …

WW+E Partners Secure Complete Dismissal of Securities Fraud Class Action

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WASHINGTON – The WW+E Team, led by Founding Partners Brant Bishop and Beth Wilkinson and partner Kosta Stojilkovic, won complete dismissal of a securities fraud class action case in the Eastern District of Virginia for client MAXIMUS Inc.  In August 2017, MAXIMUS was sued under sections 10(b) and 20(a) of the Securities Exchange Act of 1934, based on allegations that the company, along with several members of its executive team, had made false or misleading statements on earnings calls and in SEC filings concerning MAXIMUS’s performance on a major contract with the British government. Led by Brant Bishop, WW+E moved to dismiss the amended complaint with prejudice, arguing that plaintiffs failed to plead facts giving rise to an inference that MAXIMUS acted with scienter, or an intent to defraud.  WW+E also argued that plaintiff failed to plead materiality as to certain alleged misstatements or omissions, and also failed to plead …

Trial Court Throws Out $250 Million False Designation Verdict, Refuses to Impose Permanent Injunction Against WW+E Clients

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WASHINGTON – The trial judge in Zenimax Media et al. v. Oculus VR et al. today threw out plaintiffs’ biggest win at trial—a $250 million award for false designation—and granted judgment as a matter of law to Wilkinson Walsh + Eskovitz’s clients on that claim. U.S. District Judge Ed Kinkeade also denied plaintiffs’ motion to enjoin the use of disputed technology in the Oculus Rift headset, allowing Oculus VR to market and sell its products without restriction.  In addition, the judge granted defendants’ motion for sanctions.  WW+E represents all defendants in the case, including Oculus VR and its parent company Facebook. The moves come sixteen months after the jury delivered a mixed verdict, rejecting plaintiffs’ lead claim of trade secret misappropriation, but awarding $500 million on other claims against Oculus VR and two of its executives. Today’s ruling cuts that award in half, and eliminates all damages assessed against the …

Wilkinson Walsh Secures Victory for NCAA in Defamation Suit by former USC Football Coach

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WASHINGTON – Wilkinson Walsh + Eskovitz, led by Partners Kosta Stojilkovic and Rakesh Kilaru, and Counsel Kori Bell, won a complete victory for the National Collegiate Athletic Association (NCAA) in a lawsuit brought by former University of Southern California (USC) assistant football coach Todd McNair.  The jury concluded that the NCAA had not defamed McNair in a Committee on Infractions report issued in 2010. McNair filed this lawsuit seven years ago, shortly after the Committee on Infractions report was upheld by a separate appeals committee.  Apart from many other findings against USC, the Committee found that McNair knew about the improper benefits that star running back Reggie Bush had received while at USC, and failed to provide truthful information about them.  In his lawsuit, McNair alleged that the statements about him in the report were false and defamatory, and he sought over $27 million in damages for that claim.  He …

Supreme Court Issues Landmark Affirmative Action Decision in Fisher v. University of Texas at Austin

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Wilkinson Walsh + Eskovitz partner Lori Alvino McGill played a leading role representing the University in Fisher v. University of Texas.  In a 4-3 decision authored by Justice Kennedy, the Supreme Court upheld UT’s undergraduate admissions policy, which considers an applicant’s racial background as one of many factors.  The decision reaffirms that universities have a compelling interest in seeking the educational benefits of a broadly diverse student body, and that they may use race-conscious admissions policies tailored to that goal.  The decision–which praises the University’s efforts to achieve diversity through other means, and its reasoned conclusion that those efforts were inadequate–also marks the first time that Justice Kennedy has voted to uphold a race-conscious admissions policy as consistent with the Equal Protection Clause. The Court’s ruling will allow UT and other universities to continue to “defin[e] those intangible characteristics, like student body diversity, that are central to [their] identity and educational mission.” To …

Wilkinson Walsh Celebrates its First Pro Bono Victory

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Today, Wilkinson Walsh is proud to announce its first pro bono trial win by Norman Pentelovitch and Hal Brewster, who successfully represented a woman seeking a civil protection order from an abusive former boyfriend. During the trial, Hal made an opening statement and conducted the direct of our client.  The woman bravely faced a cross-examination by her abuser, who represented himself pro se.  Norman cross-examined the former boyfriend after he testified, and presented the closing argument. The judge ruled from the bench, finding the former boyfriend’s prior behavior and in-court testimony to be abusive and controlling.  She found our client’s testimony credible, and that documentary evidence proved the former boyfriend had committed an “intrafamily offense.”  The resulting civil protection order requires the former boyfriend to stay 100 yards away from our client at all times, and to not harass, threaten or stalk her.  At our client’s request, the court also ordered …

Trial Boutique Wilkinson Walsh Doubles Size In 4 Weeks

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Law360, New York (February 26, 2016, 10:29 PM ET) — The boutique launched weeks ago by two former Paul Weiss Rifkind Wharton & Garrison LLP trial superstars has already hired a dozen more lawyers, doubling its head count since it opened its doors, the founders said in an exclusive interview Friday. Washington, D.C.-based Wilkinson Walsh & Eskovitz LLP now employs seven partners, 13 associates and two counsel, founding partner Beth Wilkinson said, for a total of 22 — a leap from the fewer than 10 people she and co-founder Alexandra Walsh started with in January after… Read the full article at www.law360.com