Michael P. Foradas, P.C.

Mass Tort and Products Liability

Abbott Humira Drug Litigation (current)

• Representing Abbott in multiple cases across the country alleging various injuries resulting from Abbott’s Humira® drug, prescribed to treat severe rheumatoid arthritis, among other conditions. Claims involve adequacy of warning, off-label use and alleged undisclosed side effects. Initial trial founded limited liability and rejected plaintiffs’ damages claims. Multiple other cases resolved by successful motion practice or dismissals.

Dow Louisiana Groundwater Litigation (2010–2018)

• Represented Dow in two class action lawsuits involving alleged groundwater contamination from asserted chlorinated solvent exposure. Eight-week trial on liability and damages, following which court adopted property damage remedy used by Dow. Affirmed on appeal.

Dow Chemical Premises Asbestos Litigation (current)

• Representing Dow as National Coordinating Counsel in premises asbestos litigation throughout the United States.
• Obtained verdict for Dow in January 2008 following three-week jury trial in Texas state court.

Dow DBCP Litigation (2010–2017)

• Represented Dow in mass tort claims brought by Latin American workers for personal injuries as a result of exposure to Dow’s DBCP product.
• Dismissal of plaintiffs’ attempt to enforce $400 million Nicaraguan judgment affirmed by Ninth Circuit; sanctions awarded against plaintiffs’ counsel for filing frivolous appeal.
• Judgment for Dow on plaintiff’s attempt to enforce a $97 million Nicaraguan judgment following week-long evidentiary trial in federal court in Miami. Affirmed by Eleventh Circuit.

Rohm and Haas Cancer Litigation (2010–2015)

• Represented Rohm and Haas in lawsuits alleging brain cancer caused by exposure to vinyl chloride involving residents of a small town in northern Illinois and Rohm and Haas employees. Residential case resulted in judgment at trial for Rohm & Haas following an eight-week jury trial in January – February 2011. Employee case dismissed on the eve of trial on Frye grounds. Litigation settled.

June et al. v. Union Carbide (2004–2009)

• Represented Union Carbide in Colorado federal lawsuit by more than 200 plaintiffs alleging various personal injuries for radiation exposure arising out of Union Carbide’s uranium mining and milling operations in Western Colorado.
• Dismissed on summary judgment. Affirmed by Tenth Circuit.

Commercial Litigation

Miller v. Caterpillar (2015–2017)

• Represented Miller in eight-week jury trial alleging theft of trade secrets and breach of contract by Caterpillar. Jury verdict of $74.6 million for Miller, one of 50 largest verdicts nationwide in 2015 and largest Illinois trade secret case in history. Settled on appeal.

Citadel Investment Group v. Teza Technologies (2009–2011)

• Represented Citadel in theft of trade secret and breach of non-compete litigation involving former employees who formed a competing high frequency trading business.
• Obtained preliminary injunction in October 2009 against defendants to prevent violation of non-compete agreements.

Abbott Laboratories v. Illinois National Insurance Company (2008–2009)

• Represented Abbott in commercial arbitration for breach of contract in multimillion dollar premium dispute over settlements of directors and officers litigation.
• Arbitrator ruled for Abbott following two-day trial, granting full amount of disputed premium and awarding Abbott attorneys’ fees.

Cytologix Corp. v. Ventana Medical (2006–2008)

• Represented Ventana Medical, manufacturer of high-tech medical diagnostic equipment, in patent, antitrust and trade secret litigation filed in Massachusetts federal court.
• Assumed representation from prior firm after adverse finding on liability for patent claims.
• Verdict for Ventana in summer 2007 on antitrust claims following three-week jury trial; patent damages held to ten percent of plaintiff’s demand. Settled on appeal.

Insurance Coverage

Union Carbide v. Affiliated Insurance et al. (current)

• Representing Union Carbide in New York state court insurance coverage litigation against over fifty insurers relating to insurer liability for all of Union Carbide’s underlying asbestos products liability and premises liability claims.

Viking Pump, Inc. v. Century Indemnity Co., et al. (current)

• Representing Viking Pump in Delaware insurance coverage litigation against multiple insurers relating to asbestos liabilities. Four-week jury trial against multiple insurers involving insurance coverage for client’s asbestos liabilities. Jury verdict for client. Argued and prevailed in both New York Court of Appeals and Delaware Supreme Court on key issues regarding allocation and policy exhaustion (among others). Law360 named Court of Appeals decision as one of the five biggest insurance rulings of the year in 2016.

Milwaukee Brewers Baseball Club (2004)

• Represented Milwaukee Brewers Baseball Club in connection with business interruption claim relating to year-long delay in opening of Miller Park because of construction accident. 
• Settled on favorable terms during claims investigation stage without litigation.

Pittway Corp. et al. v. Liberty Mutual (2001–2004)

• Represented Pittway and former subsidiary, Saddlebrook Resorts, in insurance Illinois federal court coverage litigation concerning property damage allegedly caused by resort development.
• Settled after several day jury trial for amount in excess of actual damages.

The Dow Chemical Company v. Aetna, et al. (1993–1999)

• Eleven-week federal court jury trial for Dow in Michigan federal court against multiple insurers involving coverage for numerous Dow environmental sites.
• Settled prior to closing arguments for amount substantially in excess of client’s pretrial projections.