VOOM HD Holdings LLC v. EchoStar Satellite LLC
(N.Y. Sup.). Co-Lead counsel for EchoStar in a billion-dollar breach of contract action arising out of an affiliation agreement for the distribution of high definition television programming. Successfully defended the client against a motion for a preliminary injunction. The Case was resolved after a five week jury trial in the fall of 2012.
NFL Enterprises LLC v. EchoStar Satellite LLC
(Supreme Court of the State of New York, County of New York). Lead counsel for EchoStar in a major carriage dispute in connection with the distribution of the NFL Network on EchoStar's DISH Direct Broadcast Service. Successfully defended the client against a motion for preliminary injunction and a motion for partial summary judgment. After engaging in an extensive discovery process over an expedited time frame, the action was settled on a confidential basis.
West Caribbean Airways Flight 708
We represent Honeywell International, Inc. in a lawsuit arising from an accident that occurred on August 16, 2005, when West Caribbean Airways Flight 708 crashed near Machiques, Venezuela, killing 160 people. The aircraft was a Boeing-manufactured MD-82 allegedly equipped with Pratt & Whitney JT8D-217A engines. Representatives of the crewmembers have sued Honeywell and several of the defendants for negligence and strict liability based on component parts that were allegedly part of the JT8D-217A engines on Flight 708. (Ongoing)
Fox News v. EchoStar Communications Corp.
(Southern District of NY). Represented EchoStar in a breach of contract case regarding an affiliate agreement. News Corp.'s Fox News sued EchoStar Communications Corp. for about $50 million, saying the satellite television operator breached a 1998 contract that required it to offer the news channel as part of its most widely distributed package. The case was settled successfully after the completion of discovery.
EchoStar Satellite Corporation, et al. v. Ace Bermuda Insurance Ltd.
(Private Arbitration in London). Represented EchoStar in a coverage arbitration brought in London under a satellite launch insurance policy arising out of the failed deployment of EchoStar IV. Successfully stayed the case pending a ruling in a related arbitration in New York. After receiving a favorable interim ruling in the related case, was able to successfully mediate an overall resolution. (2004)
EchoStar Satellite Corporation, et al. v. La Reunion Spatiale, et al.
(AAA). Represented EchoStar in a coverage arbitration brought in London under a satellite launch insurance policy arising out of the failed deployment of EchoStar IV. Obtained a very beneficial interim award on coverage and financial recovery.
Gol Airlines Flight 1907 Litigation
Represented Honeywell International Inc. in a lawsuit involving a mid-air collision between a Boeing 737-800, operated as Gol Airlines Flight 1907, and an Embraer Legacy 600, operated by ExcelAire Services, over the Amazon jungle, Brazil, on September 29, 2006. The accident resulted in the deaths of 154 passengers and crewmembers. Cases were brought in seven different districts, and we were successful in obtaining consolidation of the cases for MDL treatment in the Eastern District of New York. In late July 2008, the motion to dismiss the cases to Brazil for forum non conveniens was granted. The Brazilian carrier is settling the cases with claimants in Brazil. On appeal, the District Court's dismissal of the consolidated actions was affirmed by the Second Circuit. A four week international arbitration conducted in London under the law of England and Wales before a three member tribunal then followed to apportion liability for the accident among certain defendants. The arbitration resulted in a finding Honeywell was without fault for the accident and an award of costs against certain defendants in favor of Honeywell.