J. Scott McBride

Metropolitan Mortgage & Securities Litigation
Represented Ernst & Young in federal securities class action suit and related arbitrations surrounding the collapse and bankruptcy of Metropolitan Mortgage & Securities Co., a $2 billion investment, real estate and insurance conglomerate.  Plaintiffs alleged accountants' negligence relating to audit work.  Won back-to-back complete defense verdicts in separate trials involving claims brought by Metropolitan's insurance subsidiary and the bankrupt estate.  Class action case settled favorably shortly before trial.

Bayer PPA Litigation
Represented Bayer in nationwide mass tort litigation involving cold medicines containing the decongestant phenylpropanolamine (PPA).  Plaintiffs sued Bayer claiming its PPA-containing medications caused consumers to suffer strokes.  In two Bartlit Beck jury trials, Bayer has secured complete defense verdicts.

Treasurer of the State of Connecticut v. Forstmann Little et al.
Represented Forstmann Little in a lawsuit brought by one of Forstmann Little's limited partners, the State of Connecticut pension funds.  Connecticut claimed damages of over $125 million for itself and over $1 billion in derivative claims, alleging violations of the securities laws, breaches of contract, and breaches of fiduciary duties.  The suit was the first ever filed by a limited partner against a major private equity firm, and it was closely followed by every major financial publication.  After two month jury trial, jury came back with verdict for Forstmann Little.

Hill-RomService, Inc. v. Stryker Corporation
Representing Stryker in patent infringement action relating to Stryker’s hospital beds and stretchers.  Hill-Rom is asserting 10 patents claiming that Stryker’s Zoom® Drive System on four of its hospital beds/stretchers infringes.  Case currently pending in the Southern District of Indiana.

Onyx Pharmaceuticals, Inc. v. Bayer Corporation
Represented Bayer in breach of contract and breach of fiduciary duty action relating to Bayer's development of new anti-cancer treatments.  Onyx alleged it had rights in Bayer's new regorafenib compound under development and that Bayer had improperly blocked and obstructed development of the existing anti-cancer treatment, Nexavar.  Case settled favorable for Bayer during trial.

Novartis Vaccines and Diagnostics v. Bayer HealthCare LLC
Represented Bayer in patent infringement action relating to Bayer’s anti-hemophilia medication, Kogenate®FS in the Eastern District of Texas.  Plaintiffs claim that Bayer’s Kogenate®FS product infringes a Novartis patent on the genetic materials used in the development of Kogenate®FS.  Case settled favorably for Bayer.

DuPont v. Cardinal Health 200, Inc.
Represented DuPont in litigation against Cardinal in Davidson County, Tennessee.  DuPont sued Cardinal for breaching a contract for the purchase of a next-generation nonwoven medical fabric that required DuPont build a new $100 million factory.  The case settled on the eve of trial on terms favorable for DuPont.

QT, Inc v. Mayo Clinic
Represented Mayo Clinic in product disparagement action brought in the Northern District of Illinois by seller of “Q-Ray Ionized Bracelet.”  QT claimed that Mayo’s clinical study of the Q-Ray bracelet, which found the Q-Ray worked no better than placebo at relieving a wearer’s pain, negligently and intentionally disparaged QT’s product.  Case settled favorably for Mayo.

Guidant v. Boston Scientific
Represented Guidant Corporation in patent infringement action relating to Guidant’s coronary stent products.  Case settled favorably for Guidant.

Afton Chemical Corp. v. Lubrizol Corp.
Represented Lubrizol in patent infringement action in the Eastern District of Virginia.  Afton claimed Lubrizol willfully infringed an Afton patent on automatic transmission fluid compositions.  After conducting a non-binding arbitration in front of a neutral arbitrator, Afton settled the case.