Benjamin T. Kurtz, P.C.

Commercial Litigation Matters

• Abracon Acquisition Co., LLC. v. DBCP Holdings I, Inc., et al. — Delaware Court of Chancery: Co-lead counsel for plaintiff and its parent company in lawsuit arising from fraudulent sale of global electronics manufacturing business. Achieved eight figure recovery from company’s founders and insurers.
• Ambac Assurance Corp. v. MHPI Projects — Achieved complete victory for privatized military housing projects against bond insurer claims that projects must pay $220 million for breach of loan agreements. During three years of litigation, won every substantive battle, including three summary judgments on the ultimate merits, three preliminary injunctions and multiple motions to compel. Bond insurer ultimately agreed to a settlement that involved a release of the projects from the $220 million breach claim, a substantial cash payment that more than covered the military housing projects’ legal and expert costs, and substantial modifications that reduced bond insurer’s consent rights on a going-forward basis.
• Dow Chemical Canada ULC v. Nova Chemicals Corporation — Counsel for The Dow Chemical Company in litigation brought by two subsidiaries against the operator and co-owner of an ethylene manufacturing facility in Alberta. Won eight-month trial, resulting in a ten-figure damages award for Dow.
• Unitel Technologies, Inc. v. Oberon Fuels, Inc. — Northern District of Illinois: Lead counsel for engineering and technology company prosecuting breach of contract claims. Case successfully settled.
• Stewart, et al. v. BF Bolthouse Holdco, LLC — Delaware Court of Chancery: Co-lead counsel for defendant food and beverage company, a Madison Dearborn Partners affiliate, in post-purchase dispute filed by former executives over share repurchase. Case successfully settled.

Torts and Products Liability

• Shamrock-Shamrock, Inc. v. Landmark Apartment Trust, Inc., et al. — Circuit Court for Volusia County, Florida: Co-lead counsel for marina developer and Starwood Capital Group affiliate in lawsuit alleging tortious interference, unjust enrichment, and civil theft related to development of real property in Daytona Beach, Florida. Count granted motion to dismiss all claims.
• Schoelwer v. Omega Flex, Inc. — Southern District of Ohio: Counsel for Omega Flex, a manufacturer of CSST flexible steel gas piping systems in putative product liability class action. Court granted motion to dismiss all claims.
• Schlake v. Schaer, M.D., Gary, et al. — Circuit Court of Cook County, Illinois: Counsel for Baxter Healthcare in a products liability suit alleging a defective device caused cardiac arrest and death during experimental intracardiac stem cell injection procedure. Resulted in nuisance-value settlement before trial.
• In re Hanford Nuclear Reservation — Eastern District of Washington: Counsel for DuPont, General Electric, and other defendants in several thousand personal injury lawsuits alleging cancers and other diseases due to Cold War era radiation emissions from the Hanford Nuclear Reservation in eastern Washington. All cases have settled following successful bellwether trials and voluntary and involuntary dismissals.
• Hall, et al. v. Omega Flex, Inc. — Southern District of Florida: Counsel for Omega Flex, a manufacturer of CSST flexible steel gas piping systems in putative product liability class action. Court granted motion to dismiss all claims.
• Calvert, et al. v. Illinois Funeral Directors Association, et al. — Circuit Court of Cook County, Illinois: Counsel for insurance company accused of fraud in connection with investment advice in Cook County, Illinois. Case successfully dismissed.

Real Estate Litigation

• In re SQRL Service Stations, LLC — Northern District of Texas: Lead counsel for Blue Owl and its respective landlord entities in a dispute with SQRL Service Stations LLC and SQRL Holdings LLC regarding enforcement of leases for a portfolio of gas station assets. Defeated a TRO and won a motion for stay relief, clearing the path for Blue Owl to retain possession of roughly $800 million of real estate formerly leased to two separate now-bankrupt tenants.
• New Media Consulting, LLC v. Senyar Miami Holding, LLC — Circuit Court for Miami-Dade County, Florida: Lead counsel for owner of the W Hotel Miami in putative class action lawsuit alleging breach of contract, breach of fiduciary duty, fraud, violations of Florida’s deceptive and unfair trade practices act, and unjust enrichment related to the operation and maintenance of the W Hotel Miami property. Court denied class certification and granted summary judgment, dismissing all putative class and individual claims with prejudice.
• PNC Bank National Assn. v. GEM Realty Fund V, LP — Superior Court of the State of Delaware: Lead counsel for owner of commercial real estate development in Texas in lawsuit alleging breach of contract, fraudulent transfer, conversion, and waste related to operation and maintenance of office park. Case favorably settled.
• South 99th Ave, LP v. Tolleson Owner, LLC — Superior Court of the State of Arizona: Lead counsel for KKR portfolio company in a dispute regarding the performance of a purchase and sale contract and corresponding release of escrow funds related to real property. Case favorably settled.

Restructuring

• In re Chemtura — Southern District of New York: Counsel for debtor chemical company in complex reorganization and related adversary proceedings involving contract, tort and environmental liabilities. Won valuation trial and successfully dismissed or settled adversary proceedings, leading to successful reorganization.
• In re Tropicana Entertainment — District of Delaware: Counsel for debtor Tropicana, a nationwide casino and resort business. Successfully defended Tropicana in trial of trustee motion brought by bondholders. Motion settled during trial without appointment of trustee.

2008 PILI Fellow, Land of Lincoln Legal Assistance Foundation