Trials

Whitfield v. Abbott, et al. (Mo. Cir. Ct.)
Represented Abbott Laboratories in litigation alleging that Abbott's cow's-milk-based formula products designed especially for premature babies caused injuries in preterm infants. In 2024, after five weeks of trial, a jury cleared Abbott of liability.

In re 3M Combat Arms Earplug Products Liability Litigation, MDL 2885 (N.D. Fla.; 11th Cir.)
Representing 3M Company and its subsidiary Aearo Technologies in products liability litigation concerning 3M's allegedly defective dual-ended Combat Arms Earplugs™ version 2 (CAEv2). In 2019, the cases were consolidated and centralized by the Judicial Panel on Multidistrict Litigation. To date, thousands of actions have been filed related to the product throughout the United States in both federal and state courts. Kirkland has secured six complete defense verdicts for 3M.

Hayden v. 2K Games, Inc., et al. (N.D. Ohio)
Representing 2K Games and Take-Two Interactive Software Inc. in a lawsuit alleging that they committed copyright infringement by accurately depicting tattoos inked by the plaintiff on certain NBA players in their NBA 2K video game. In 2019, Kirkland won a motion to dismiss the plaintiff’s claims for unjust enrichment and for a declaratory judgment that Take-Two should have credited the plaintiff for creating the tattoos. In 2024, Kirkland secured a partial summary judgment finding that majority of the copyright registrations were invalid and unenforceable. In April 2024, the jury returned a verdict of no infringement.

In re HIV Antitrust Litigation (N.D. Cal.; 9th Cir.)
Representing Gilead Sciences in antitrust class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the development and sale of certain HIV treatments. Won dismissal of one set of claims on summary judgment and persuaded the court to hold a standalone trial on plaintiffs’ central claim that Gilead paid Teva to delay launch of generic versions of two of Gilead’s HIV treatments. Settlement achieved with retailer plaintiffs and two classes of direct purchasers on the eve of trial. In 2023, a jury returned a complete defense verdict for Gilead, rejecting the remaining plaintiffs’ claims seeking more than $10 billion in damages. Motion for new trial defeated. Pending appeal.

TERA II, LLC, et al. v. Rice Drilling D, LLC, et al. (S.D. Ohio)
Trial counsel for EQT and Gulfport Energy in litigation brought by Ohio landowners for mineral trespass and conversion. Kirkland successfully defeated several claims prior to trial with dispositive motions and, after a two-week jury trial before the Chief Judge of the Southern District of Ohio, secured a unanimous jury verdict in the client’s favor.

Cerveceria Modelo de Mexico C. de R.L. de C.V. v. CB Brand Strategies, LLC, et al. (S.D.N.Y.; 2d Cir.)
Represented Constellation Brands and a number of its subsidiaries in lawsuit brought by Modelo de Mexico, an Anheuser-Busch InBev company, over whether hard seltzer is beer. Modelo sought to enjoin Constellation’s use of CORONA® trademarks on Constellation’s Corona Hard Seltzer, as well as Constellation’s launch of two Modelo Reserva beers. Kirkland defeated summary judgment motion on liability. After just over an hour of deliberations, a jury concluded that Constellation’s Corona Hard Seltzer and Modelo Ranch water products — both hard seltzers — are beer. Motion for new trial defeated. Unanimously affirmed on appeal.

Jelinek v. Abbott Laboratories (Ohio Ct. Comm. Pl.)
Defended Abbott Laboratories in an age discrimination suit believed to be one of the longest running cases in Ohio. The first trial (which took place before Kirkland’s involvement) resulted in a verdict for the plaintiff of more than $26 million; the second and third were mistrials; and the fourth resulted in a victory for Abbott, though certain unfavorable evidence was excluded and the verdict was subsequently vacated. Despite the plaintiff being permitted to introduce the previously excluded evidence, the fifth trial concluded in a unanimous verdict for Abbott after just an hour of jury deliberations. Final verdict affirmed on appeal.

The Coalition for Equity and Excellence in Maryland Higher Education, Inc., et al. v. Maryland Higher Education Commission, et al. (D. Md.; 4th Cir.)
Representing, on a pro bono basis with the Lawyers' Committee for Civil Rights Under Law, a coalition of students and alumni from Maryland’s four public Historically Black Colleges and Universities (HBCUs) in its lawsuit against the state for failure to dismantle the remnants of its former segregated higher education system. In 2013, following a six-week bench trial, Kirkland achieved a landmark victory when the court ruled that Maryland had violated the constitutional rights of students at Maryland’s HBCUs by unnecessarily duplicating their programs at nearby traditionally white institutions (TWIs). In 2017, following a six-week remedies trial, the court issued a groundbreaking remedial order in favor of Kirkland’s client. The court denied Maryland’s Daubert motion to exclude plaintiffs’ experts, and accepted the plaintiffs’ argument that the proper remedy should focus on the creation of unique, high-demand academic programs at HBCUs, along with funding for not only the programs, but also scholarships, marketing, financial aid and, where appropriate, facilities. The court also appointed a special master (at the state’s expense) to oversee the placement of these academic programs and related funding at Maryland’s HBCUs for a 10-year period, as Kirkland had urged. In doing so, the court permanently enjoined the state from unnecessarily duplicating HBCU programs at TWIs. In 2019, following appellate proceedings, the case was ordered into mediation. The parties did not reach an agreement and the case was sent back to the Fourth Circuit. In 2020, the Maryland State Senate passed a bill to appropriate $577 million dollars to settle the lawsuit. Settlement achieved in 2021. The settlement is one of the biggest civil rights settlements of its kind in history.