Alison G. Wheeler
Professional Practice
Bartlit Beck Herman Palenchar & Scott LLP, 1999-Present, Counsel
Skadden Fellow, 1998-1999, Rocky Mountain Children's Law Center
Skadden Fellow, 1997-1998, Mental Health Advocacy Services
Cases tried or otherwise taken to judgment
Static Control Components, Inc. v. Lexmark International, Inc. (Federal District Court, Eastern District of Kentucky)
Represented Static Control in consolidated cases concerning aftermarket for repair of toner cartridges for certain Lexmark laser printers. Lexmark alleged patent infringement and active inducement of patent infringement. Static Control alleged patent misuse. Jury verdict for Static Control.
Smith v. Arthur Andersen, et al. (Federal District Court, Arizona)
Defended Andersen in lawsuit by bankruptcy plan trustee for Boston Chicken, Inc., alleging professional malpractice, negligence, breach of contract, negligent misrepresentation, and aiding and abetting breach of fiduciary duty. The trustee sought more than $1 billion in damages.
Barr Laboratories, Inc. v. DuPont Pharmaceuticals Company
Represented defendant DuPont Pharmaceuticals Company in antitrust suit challenging DuPont’s lobbying and marketing activities concerning the anticoagulant medication Coumadin® and a competing generic product.
Sonoco Products Co. v. The Newark Group, Inc. et al. (Colorado Court of Appeals)
Represented The Newark Group’s appeal of a judgment awarding damages and injunctive relief for misappropriation of trade secrets and other confidential or proprietary information. Appeal challenged only the award of damages. Judgment affirmed.
Sienna Imaging, Inc. v. LNSI (AAA Arbitration, St. Louis, MO)
Represent Sienna in trial of its claims arising from a corporate asset purchase, based on a breach of Generally Accepted Accounting Standards and non-disclosure involving digital photographic processing systems. Case won. Arbitration damage award entered for client in December 2000.
Tyrone Parker v. NL Industries, Inc., et al. (Circuit Court of Baltimore City, Maryland)
Represent NL Industries in jury trial for products liability resulting from sale of lead paint products in 1950’s. This was the first case in the nation to be tried against any of the former manufacturers of lead paint products. Scores of cases have previously been dismissed on motions, and numerous other cases alleging lead paint poising or property damage are pending throughout the country. The plaintiff alleged that this current condition of epilepsy results from latent injuries caused when he ingested lead paint in the 1950’s. He was treated at the University of Maryland Hospital and diagnosed with lead encephalopathy. He subsequently experienced cognitive delays, difficulties in school, and behavioral problems all as the alleged result of lead poising. Case won. The case was tried before a Baltimore City jury from May 30, 2000 to June 12, 2000 before Judge Heller. Complete defense verdict on June 12, 2000.
US West, Inc. v. MediaOne Group, Inc.
Represented MediaOne/AT&T Broadband in a contract dispute over responsibility for telephone consumer class action law suits brought against US West. The dispute was tried to a 3-member arbitration panel. Case won.
Titanium Metals Corporation v. The Boeing Company (District Court, City and County of Denver)
Represented world’s largest titanium company in breach of contract litigation over 10-year titanium supply contract.
News
Big Wins
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Lexmark v. Static Control (2007)
