Representative Matters

Represents United HealthCare Services, Inc. in three individual antitrust matters against the makers of more than 200 generic pharmaceutical drugs, alleging a widespread price-fixing and market allocation conspiracy; this matter has been consolidated with In re: Generic Pharmaceuticals Pricing Antitrust Litigation, MDL No. 2724. (United HealthCare Services, Inc. v. Actavis Holdco U.S., Inc., et al., No. 2:19-cv-00629-CMR (E.D. Pa.))  

Representing Freddie Mac and the FDIC as Receiver for 39 Closed Banks and serves as liaison counsel for more than two dozen DAPs (represented by, among others, Lieff Cabraser, Keller Rohrback, and Quinn Emanuel). Freddie Mac and the FDIC allege, among other things, that defendants’ horizontal conspiracy reduced product quality in the market for interest-rate benchmarks.

Represents United HealthCare Services, Inc. in an individual antitrust matter against Celgene, alleging it engaged in generic exclusion tactics to maintain its monopoly pricing of the drugs Revlimid and Thalomid.

Member, Executive Committee, representing indirect purchasers of natural gas in California, with case settlements totaling nearly $165 million.

Retained as co-counsel on behalf of PABCO Building Products LLC in its defense of claims filed by several individual builders that accuse the domestic suppliers of drywall of engaging in a price-fixing conspiracy.

Co-Lead counsel for indirect purchaser end-user plaintiffs.

Defended several Bay Area restaurants accused of engaging in a nationwide no-tipping conspiracy to drive up prices, helping get the case dismissed with prejudice.

Counsel for railway industry employee settlement class and settlement class representative, with case settlements of $49 million.

Represented United HealthCare Services, Inc. in an individual antitrust matter against the makers of the branded pharmaceutical drug Provigil and its generic equivalents. The suit alleged a successful pay-for-delay scheme that kept lower-priced generics off the market for several years, allowing the brand manufacturer to continue charging inflated monopoly prices that caused United HealthCare Services, Inc. substantial damages.

Member, Plaintiff’s Steering Committee, representing direct purchasers of German automobiles.

Represented more than 150 direct action plaintiffs, including Kraft Foods and GNC, alleging a 15-year international cartel covering more than a dozen vitamins. The case involved German Defendants BASF, Degussa, and Merck. Recoveries exceeded $2 billion. Served as liaison counsel for DAPs.

Co-Lead Counsel for 23 litigated indirect purchaser end payor state damages classes with case settlements totaling $1.1 billion.

Counsel for 22 litigated indirect purchaser end payor state damages classes with case settlements totaling $580 million, and with central role in obtaining class certification, expert work, trial preparation, and other case matters.

Represented a manufacturer of heavy-duty transmissions in a case alleging the dominant producer excluded it from the relevant market. The case went to trial and resulted in a liability verdict for violations of Sections 1, 2, and 3 of the Sherman Act. The Third Circuit upheld the verdict and the case settled for $500 million prior to the damages trial.

Represented 11 plaintiff families in an international price-fixing case involving three chemicals. The case involved German Defendants BASF and Bayer. Despite a lack of direct evidence, successfully defeated summary judgment motions challenging the existence of a conspiracy and its duration (the parallel class action alleged a shorter conspiracy period). Defeated three Daubert motions and handled all experts at trial. Defendant Dow settled during the defense case for $400 million.

Represented, as liaison counsel, more than three dozen DAPs, including Tyson Foods, alleging an international cartel involving, inter alia, German Defendant Degussa AG. Recoveries exceed $400 million.

Represented more than 50 Fortune 500 companies, including names such as PepsiCo and Coca-Cola, in a conspiracy among containerboard producers to take “market downtime” to restrict output and cause price increases. Successfully defeated summary judgment motions despite the lack of direct evidence. Served as liaison counsel for direct action plaintiffs. Recoveries exceeded $200 million.

Liaison Counsel for direct purchaser plaintiffs and significant responsibilities for industry experts, with case settlements totaling almost $140 million.

Member, Plaintiffs’ Executive Committee for indirect purchaser end payor plaintiffs, with case settlements of over $1 billion.

Member, Plaintiffs’ Executive Committee, representing California indirect purchasers of canned smokeless tobacco products with case settlement of $96 million for the California class.

Appointed as lead counsel for 25 litigated indirect-purchaser classes with settlements totaling $41.3 million.

Represented the owners of WordPerfect in a long-running case alleging monopolization of the market for PC operating systems. At trial, the jury split 11-1 in favor of liability. The trial judge granted Microsoft’s JMOL, which was upheld by the 10th Circuit (Gorsuch J.). 

Represented, as liaison counsel, Defendant Dunlop Oil & Marine in an international cartel case. 

Counsel for indirect purchaser end payor plaintiffs with significant responsibilities in pleading, expert work and class certification efforts.

Representing a major international engineering and manufacturing company, shipping goods by air freight all over the world, in an antitrust lawsuit filed in the United Kingdom to recover the overcharges paid by the company as a result of a conspiracy by several of the world’s biggest airlines to fix the prices for international air cargo shipping services.

Court-appointed class counsel for indirect purchaser end payor classes with case settlements of $295 million.

Co-Lead Counsel, Liaison Counsel and/or Member, Executive Committee in these indirect-purchaser class actions in California, Iowa, Minnesota and Wisconsin state courts with collective settlements of nearly $1.7 billion.

Liaison Counsel for indirect purchaser end payor classes with case settlements of over $310 million.

Served as lead counsel for a class of California consumers of products and services from retail businesses that accepted and/or issued Visa and MasterCard payment cards, alleging that defendants’ violations of the California state antitrust and unfair competition laws resulted in higher prices for consumers. In April 2013, the Superior Court granted final approval to settlements totaling $31 million in cash with defendants.

Represented Pet Food Express, a regional pet-supply retailer, in a breach of contract dispute with supplier Royal Canin where the supplier asserted counter-claims based on California unfair competition law. Zelle successfully obtained the district court’s dismissal of the counter-claims on a motion for summary judgment.

Representing purchasers of passenger air transportation services for international flights involving at least one flight segment between the United States and Asia/Oceania. Plaintiffs allege that defendant airlines conspired to fix the price of air passenger travel, including associated surcharges, beginning no later than January 1, 2000.