Mark Premo-Hopkins, P.C.

Mass Tort/Product Liability Cases

• GLP-1 RA Products Liability Litigation (MDL): Won motion to front-load key defense issues as lead counsel for Eli Lilly in nationwide mass tort alleging adverse side effects from Mounjaro and Trulicity, medicines for treatment of diabetes and chronic weight management. Representation ongoing.
• Uber Technologies, Passenger Sexual Assault Litigation (MDL and Cal. St. Ct): Lead counsel for Uber in nationwide mass tort alleging Uber failed to implement appropriate safety precautions to protect passengers against risk of sexual assault or misconduct by Uber drivers. Representation ongoing.
• Exactech Polyethylene Orthopedic Device Litigation (MDL): Won dismissal for TPG Inc. and affiliates in nationwide mass tort alleging TPG portfolio company, Exactech, designed and manufactured defective knee, hip and ankle implants.
• 3M Earplug Litigation (MDL): Lead trial counsel in multiple bellwether trials where plaintiff alleged that defective ear plugs caused servicemen and women to suffer hearing injuries.
• In re Paraquat Products Liability Litigation (MDL) (S.D. Ill.): Trial counsel for Syngenta in nationwide mass tort suits alleging exposure to herbicide caused farmers to develop Parkinson’s Disease.
• In re Heparin Products Liability Litigation (N.D. Ohio; Ill. St. Ct.): Trial counsel for Baxter Healthcare in nationwide mass tort suits regarding contaminated heparin. Obtained dismissal of hundreds of cases on summary judgment. Three-week jury trial of bellwether case resulted in verdict totaling less than 5% of plaintiff’s requested damages.
• Dow Louisiana Groundwater Litigation (La. Dist. Ct; La. Ct. App.; La.): Represented Dow Chemical Company in class action seeking additional remediation of groundwater in aquifer. After a five-week trial, the court adopted Dow’s existing clean up plan and rejected plaintiffs’ claims for $130 million pump-and-treat remedy.

Commercial Cases

• Endless River Tech. v. TransUnion (N.D. Ohio): Hired by TransUnion as lead trial counsel in months leading up to federal jury trial, after court issued adverse ruling at summary judgment. Won zero damages judgment for TransUnion on all claims, which was affirmed on appeal. The American Lawyer selected Mark and his partner as “Litigators of the Week” based on the win.
• In re Bracket Holding Corp. Litigation (Del. Sup. Ct.): Won $100 million+ fraud judgment in jury trial as co-lead counsel for plaintiff Bracket Holding Corp. The American Lawyer selected Mark and his partner as “Litigators of the Week” based on the win.
• Adviser Investments v. Powell (Del. Sup. Ct.; Del. Ch.): Lead counsel for plaintiff, Adviser Investments, in dispute alleging seller committed fraud in sale of investment advisory business. Case settled on eve of trial.
• Alfieri Frank v. Alfieri (N.J.; AAA): Lead counsel for plaintiff, trustee of a family real estate trust, in dispute alleging breach of contract, breach of fiduciary duties and fraud related to mishandling of trust interests in $1 billion+ real estate empire. Representation ongoing.
• Plastic Reclamation Partners v. MRC Polymers (Ill. Cir. Ct.): Hired as lead trial counsel for plaintiff Plastic Reclamation Partners after close of fact discovery in dispute alleging sellers committed fraud in sale of plastic recycling technology. Representation ongoing.
• Confidential Pharma Contract Arbitration (AAA): Won confidential award as trial counsel for plaintiff pharmaceutical company in dispute over supply agreement.
• Confidential Computer Hardware Arbitration (AAA): Won confidential award as lead trial counsel for plaintiff technology company in dispute over supply agreement.
• Confidential Crop Protection Arbitration (AAA): Won confidential award as lead trial counsel for plaintiff agrichemical company in dispute over R&D joint venture.
• iBio v. Fraunhofer (Del. Ch.): Lead trial counsel for plaintiff iBio, Inc. in dispute alleging former development partner secretly used iBio’s plant-based protein technology, breaching its contracts with iBio and willfully misappropriating trade secrets. Case settled favorably on the eve of trial.
• DaVita Healthcare vs. Baxter Healthcare (Colo. Dist. Ct.): Trial counsel for Baxter Healthcare in breach of contract suit over dialysis supplies. Reduced Baxter’s potential damage exposure by 97% at summary judgment and won dismissal of treble damages claim. Case settled favorably between closing argument and court ruling.
• Citadel vs. Malyshev (Ill. Cir. Ct.; AAA): Litigation counsel for Citadel LLC in preliminary injunction and related arbitration against former employees who formed competing electronic trading firm. Won preliminary injunction enforcing non-compete agreements, $2.2 million in sanctions for destruction of evidence and arbitration award.
• AbbVie v. Williams (Ill. Cir. Ct.): Trial counsel for AbbVie Inc. Won temporary restraining order and preliminary injunction against former employee who secretly joined competing pharmaceutical company. After a one week-long evidentiary hearing, the court granted AbbVie’s requested preliminary injunction in full barring defendant’s employment at competitor.