Haleon US Holdings LLC in industry-wide multi-district litigation asserting consumer fraud claims relating to sale of over-the-counter cold medicine that contains phenylephrine, a nasal decongestant. Kirkland led the joint defense effort with respect to the motion to dismiss briefing and argument, leading to the Court’s dismissal of all claims on preemption and standing grounds.
Constellation Brands, in the March 2023 unanimous jury verdict after a two-week trial in a breach of contract and trademark infringement lawsuit in New York federal court relating to Corona Hard Seltzer and Modelo Ranch Water arising from a license agreement between Constellation and Modelo, an Anheuser-Busch InBev company. The team was able to persuade the jury that hard seltzer is beer under the applicable contract. The trial team was recognized as runners-up in The Am Law Litigation Daily’s “Litigator of the Week” column for its victory. In March 2024, the Second Circuit affirmed the judgment in full.
Gilead Sciences in antitrust class actions brought by direct and indirect purchasers of HIV drugs. After a six-week trial, the jury returned a complete defense verdict, rejecting plaintiffs’ pay-for-delay claims, for which they sought over $10 billion in compensatory and treble damages. See “How A 3-Firm 'Joint Effort' Beat A $3.6B Pharma Antitrust Suit,” Law360, July 5, 2023.
CEO of Benefitfocus, defending in a lawsuit filed in New Jersey federal court by ADP, alleging breaches of restrictive covenant agreements. Defeated ADP’s request for a temporary restraining order and preliminary injunction in May 2021 and the Third Circuit affirmed on appeal.
Amcor Ltd. and Bemis Co., defended and won dismissal with prejudice of class action litigation filed in New York federal court arising from Amcor’s $6.8 billion acquisition of Bemis. Related Missouri state court litigation dismissed.
