Andrew C. Baak
Bartlit Beck Herman Palenchar & Scott LLP, 2006-Present, Partner (since 2009)
Deloitte Consulting, Management Consultant, 1997-2000
Cases tried or otherwise taken to judgment
Administradora v. E.I. DuPont de Nemours & Co., Inc. (Florida)
Represented DuPont in three-week Miami jury trial of product liability action involving Benlate fungicide. Plaintiff, a large Costa Rican citrus producer, claimed $42 million damages. The jury found plaintiff 60% contributorily negligent and awarded substantially reduced damages, resulting in an award of a small fraction of plaintiff’s claim. Post-trial cross-motions are pending.
Schindler Elevator v. Otis Elevator
Counsel for Otis in patent infringement lawsuit concerning elevator controls. Adverse result in jury trial, reversed on appeal. Judgment in favor of client.
Super Helechos, et al. v. DuPont (Florida)
Represented DuPont in 10-week Miami jury trial of product liability claims involving Benlate fungicide. Plaintiffs, 27 Costa Rican farms, claimed $396 million damages.
Trial court entered directed verdicts for DuPont on all claims of the largest plaintiffs (constituting 60% of plaintiffs' total claimed damages). Jury awarded other plaintiffs a small fraction of amounts sought.
Florida court of appeals (1) affirmed directed verdicts for DuPont on claims of the largest plaintiffs, and (2) reversed all jury verdicts for other plaintiffs due to numerous trial court errors.
Nicor Gas v. Home Towne Electric (Circuit Court, Lake County, Illinois)
Lead trial counsel representing Plaintiff, Nicor Gas, seeking to recover damages to Nicor's underground gas line. First chaired two-day jury trial. Victory for Nicor. Jury awarded Nicor 100 percent of its claimed damages, plus court costs.
Countrywide Home Loans, Inc. and BAC Home Loans Servicing, LP v. Mortgage Guaranty Insurance Corporation (Federal District Court, Northern District of California)
Representing MGIC in a $100 million mortgage insurance dispute with Countrywide.
Other representative cases
Perrine v. DuPont (West Virginia)
Retained shortly before trial to represent DuPont in class-action jury trial of toxic-tort claims. Class of 8,500 alleged community contamination by zinc smelter emissions over a century. Jury verdict for plaintiffs.
Represented company on appeal to West Virginia Supreme Court, which ordered re-trial on statute of limitations defense and substantially reduced potential damages. Case settled favorably.
Swift Transportation Co. v. Ernst & Young
Represented Ernst & Young in accounting malpractice action stemming from merger between Swift Transportation Company and M.S. Carriers, Inc.
Swidler v. Georgia-Pacific Gypsum LLC
Represented Georgia-Pacific in putative class action alleging that building products manufactured by Georgia-Pacific caused damage in consumers’ homes.
Acknowledgements, presentations, and publications
The Illegitimacy of Protective Jurisdiction over Foreign Affairs, 70 U. Chi. L. Rev. 1487 (2003)
- Super Helechos, et al. v. DuPont (2009)