Brian S. Prestes
Professional Practice
Bartlit Beck Herman Palenchar & Scott LLP, 2006-Present, Partner (since 2009)
Attorney-Advisor, Office of Legal Counsel, United States Department of Justice, 2004-2006
Covington & Burling, 2002-2004
Representative cases
YAZ®/Yasmin® Litigation
National counsel for Bayer in litigation alleging personal injuries caused by YAZ® and Yasmin® (oral contraceptives). Cases pending in federal and state courts. MDL in Illinois.
Seroquel® Litigation
Represented AstraZeneca Pharmaceuticals in mass tort litigation regarding Seroquel® (atypical antipsychotic).
Vioxx® Third-Party Payor Litigation
Represented Merck in class action, and later individual actions, brought by third-party payors alleging economic losses relating to purchase of Vioxx®.
In Re Teflon® Products Liability Litigation
Represented DuPont in an MDL comprised of 23 alleged class actions brought on behalf of consumers who claimed to have purchased cookware coated with Teflon® and other non-stick coatings manufactured by DuPont. MDL in Southern District of Iowa. Class certification denied in all matters. Petition for appeal rejected by the United States Court of Appeals for the Eighth Circuit. Cases voluntarily dismissed with prejudice.
Briefed and argued NL’s motion for summary judgment on Plaintiff’s claim for $108 million in alleged future damages for lead-paint abatement. Victory for NL. Court dismissed with prejudice 100 percent of Plaintiff’s future-damages claim. Featured in The American Lawyer.
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.
Ehlis v. Shire Richwood, Inc. (U.S. Court of Appeals for the 8th Circuit)
Represented Pharmaceutical Research and Manufacturers of America (“PhRMA”) as amicus in support of Shire in products liability case involving “failure to warn” claims relating to the prescription drug Adderall®. Shire prevailed.
Northern Illinois Gas Company v. Commonwealth Edison Company (CPR Arbitration)
Represented Nicor in 38 arbitrations seeking to allocate remediation costs for environmental cleanup at former manufactured gas plant sites in Illinois. Cases resolved.
Nicor Gas Co. v. J.F. Edwards Construction Co. (Circuit Court, Cook County, Illinois 2007)
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 damages and court costs, and completely denied Defendant’s counterclaim.
Nicor Home Services, LLC v. Holzkamp (Circuit Court, Lake County, Illinois 2006)
Lead trial counsel representing Plaintiff, Nicor Home Services, seeking to recover damages arising out of a car accident. First chaired two-day jury trial. Total victory for Nicor Home Services. Jury awarded Nicor Home Services 100 percent of its claimed damages, plus court costs.
Adelphia Communications Corp. v. Deloitte & Touche, LLP (Court of Common Pleas, Philadelphia County, Pennsylvania)
Represented defendant Deloitte & Touche in multi-billion dollar accounting malpractice case brought by Adelphia, with third-party claims against the Rigas family. Case resolved on confidential terms.
Kerr-McGee Chemical LLC & Kerr-McGee Corp. v. Kemira Pigments Oy & Kemira Oyj (London Court of International Arbitration)
Represented Kerr-McGee, alleging breach of contract, in London Court of International Arbitration proceeding.
Nike, Inc. v. Kasky (U.S. Supreme Court)
Represented ExxonMobil Corp., Bank of America, Microsoft, Monsanto, Morgan Stanley, GlaxoSmithKline, and Pfizer as amici in support of Nike.
Locke, Governor of Washington v. Davey (U.S. Supreme Court)
Represented National School Boards Association, numerous State school boards associations, and others as amici in support of the State of Washington in First Amendment Free Exercise Clause case. Washington prevailed.
Acknowledgements, presentations, and publications
Remanding Without Vacating Agency Action, 32 Seton Hall L. Rev. 108 (2001)
Disciplining the Americans with Disabilities Act’s Direct Threat Defense, 22 Berkeley J. Emp. & Lab. L. 409 (2001)
Comment, Application of the Equal Credit Opportunity Act to Housing Leases, 67 U. Chi. L. Rev. 865 (2000)