- Weil represents American in the airline cargo and passenger fuel surcharge price fixing investigations that have been brought in many jurisdictions around the world, including the European Union and the United States, as well as a related class action in the United States. American succeeded in having all charges against it dropped in the investigations, and favorably settled the class action.
- Weil secured the dismissal of a shareholder derivative action brought in Texas state court (Tarrant County) alleging breaches of fiduciary duty by the AMR board in connection with American’s alleged pattern of failing to comply with FAA safety requirements.
- Weil served as co-counsel in two major antitrust litigations brought by AA in Texas state and federal courts in which AA asserted that Sabre and Travelport had conspired to monopolize the market for distribution of airline tickets.
- Weil has successfully represented American in a number of disputes relating to the Company’s operations at Miami International Airport (MIA), including defending AA in a series of litigations among Miami-Dade County, AA, and various contractors relating to the major construction project at MIA’s North Terminal.
- Weil represented American in litigation brought against Northwest for misappropriation of American’s yield management program, and ultimately settled on the eve of trial.
- Weil successfully defended American’s $350 million purchase of TWA’s London Heathrow routes, first in extensive proceedings before the Department of Justice and the Department of Transportation, and then in the 8th Circuit.
- Weil obtained a complete defense victory for American against a prolific litigant in one of the largest patent multi-district litigations in U.S. history against allegations of infringement of more than 50 patents involving interactive call processing technology.
Weil represented Bridgestone and its U.S. subsidiary in a Department of Justice criminal antitrust investigation into the sale of anti-vibration rubber components for automobiles, part of the DOJ’s ongoing probe of the auto parts industry. Weil performed an in-depth internal investigation and negotiated a plea agreement and settlement with the DOJ. Weil continues to coordinate global strategy with counsel in other jurisdictions, with particular emphasis on developing criminal defense strategy and defending follow-on civil actions.
Weil also is defending Bridgestone and its United States subsidiary in the multi-district auto parts antitrust litigation pending in the U.S. District Court for the Eastern District Court of Michigan. Bridgestone is a defendant in one of the three lead parts cases (out of more than 40 that comprise the entire proceeding) to have proceeded through discovery.
Weil represents CIT Group – a lessor of rail cars – in connection with bankruptcy and personal injury litigation arising out of the derailment of a train operated by Montreal, Maine & Atlantic Railroad outside of Quebec, Canada.
Weil also serves as lead trial counsel for CIT in a multi-million dollar breach of contract dispute in Texas state court with one of the largest oil and gas exploration and production companies in the country. In the first-of-its-kind case to go to trial, CIT seeks compensation from a lessee for extensive corrosion damage to more than 1,000 tank cars that were leased to transport crude oil that was fracked from the Bakken region in North Dakota.
Weil represented Daimler AG, Chrysler, Chrysler Canada, Mercedes-Benz and Mercedes-Benz Canada in lawsuits brought in both state and federal courts alleging that the automakers had illegally conspired to prevent new vehicles sold in Canada from entering the United States for resale. Weil successfully obtained the dismissal of Daimler AG from all cases. The federal cases were consolidated in the U.S. District Court for the District of Maine. The district court certified federal injunctive and state damages classes in 2007. However, in an important step toward the emerging consensus regarding the legal standard for class certification, the First Circuit Court of Appeals reversed the certification of damages classes and found that plaintiffs did not have standing to seek injunctive relief individually or as representatives of a class. In 2009, the Weil team achieved victory when the federal district court granted summary judgment in favor of all remaining and non-bankrupt defendants. Several state actions remain pending against one or both of the Canadian entities, which are stayed pending resolution of a successful dismissal of California state court claims.
Weil represents Dometic Corporation in a putative class action litigation filed in the Southern District of Florida alleging that the gas absorption refrigerators manufactured by Dometic for use in recreational vehicles and boats are defectively designed and manufactured. The plaintiffs seek certification of a nationwide class of consumers, as well as a number of state sub-classes, consisting of all purchasers of the gas absorption refrigerators. In August 2017, the Court granted Dometic’s motion for summary judgment and dismissed the case in its entirety, holding that, among other things, the Plaintiffs had failed to establish that there is any “inherent defect that is manifest in all Dometic cooling units.”
Weil advised and counseled the General Motors estate with respect to a claim by qui tam relators seeking penalties and treble damages under the FCA. Relators allege false and fraudulent claims submitted in connection with the manufacture of generator sets for Navy destroyers. The original case was remanded by the Supreme Court in a hallmark FCA decision, Allison Engine Co. v. United States ex rel. Sanders, 553 U.S. 662 (2008). The case is one of the first to address the issue of retroactive application of FCA amendments enacted in the Fraud Enforcement Recovery Act of 2009. We also counseled the estate in a related mediation.
In September 2017, Weil secured the dismissal of all claims in a securities fraud litigation arising out of the $270 million purchase of U.S. Manufacturing Company by USM Holdings from Weil’s clients, the selling shareholders. In a 33-page order, the U.S. District Court for the Eastern District of Michigan (which previously had granted Weil’s motion to dismiss the original complaint) granted the defendants’ motions to dismiss all 16 of plaintiff’s claims in its amended complaint, including 12 with prejudice.
In its complaint, USM Holdings alleged that U.S. Manufacturing (USM), a manufacturer of automotive components, and certain of its former directors, officers, and shareholders made misrepresentations or misleading omissions in the Merger Agreement that defrauded the plaintiff into entering into the sale. In its order granting the defendants’ motions to dismiss, the Court agreed with our position that plaintiff, a sophisticated private equity fund purchaser, had failed to state any misrepresentation claims, and it dismissed the federal and Michigan securities fraud and common law fraud claims with prejudice.
Weil also represented Thermo King in an arbitration proceeding adverse to Bombardier regarding responsibility for defects in HVAC equipment in passenger rail cars.
Weil represented Vantec World Transport entities in a putative treble damage class action lawsuit alleging that numerous air cargo freight forwarders conspired to fix or pass-on certain charges to customers. Weil negotiated a favorable class action settlement, which received final approval in the U.S. District Court for the Eastern District of New York and upheld a most-favored nation’s clause against an objection from non-settling defendants.