Martha M. Pacold
Bartlit Beck Herman Palenchar & Scott LLP, 2007-Present, Partner (since 2010)
In re Alleged Environmental Contamination of Pompton Lakes (N.J. Super. Ct.)
Representing DuPont in actions alleging environmental contamination (vapor intrusion from VOCs in groundwater) from a former manufacturing plant. Cases pending.
Spirit AeroSystems v. Gulfstream (AAA / ICDR Arbitration, New York, NY)
Represented Spirit Aero against Gulfstream. Both parties alleged hundreds of millions of dollars of breach of contract damages. After a three-week arbitration hearing that included opening statements and testimony from dozens of witnesses, the case settled on favorable terms before the Panel issued a ruling.
SecNet Holding, LLC v. Potash et al. (Del. Ch.)
Represented private equity firm in breach of contract dispute concerning purchase agreement. Case settled.
Johnson Controls Battery Group, Inc. v. Saft JV Holding Co. (Del. Ch.)
Represented Johnson Controls, Inc. in its dispute with Saft Groupe S.A. related to the parties’ joint venture to develop and manufacture lithium-ion batteries for hybrid and electric vehicles, Johnson Controls-Saft Advanced Power Solutions LLC. Case settled.
Chinese Drywall Litigation (various courts)
Represented Georgia-Pacific Gypsum LLC in putative class actions alleging that building products manufactured by Georgia-Pacific caused damage in homes. Cases dismissed.
In re Teflon Products Liability Litigation (S.D. Iowa)
Represented DuPont in MDL product liability litigation involving numerous proposed class actions brought by consumers who purchased cookware made with DuPont’s non-stick cookware coatings. District court denied class certification. Eighth Circuit denied petition to appeal.
Krippelz v. Ford Motor Co. (N.D. Ill.)
Represented inventor Jacob Krippelz, Sr. in patent infringement action against Ford Motor Co. involving automotive exterior mirror lighting systems. Jury trial in United States District Court, Northern District of Illinois. Jury returned verdict in client's favor in the amount of $23 million. District court then found willful infringement and awarded an additional $33 million in enhanced damages and prejudgment interest for a total award of $56 million. Federal Circuit reversed on invalidity grounds.
Novartis Vaccines and Diagnostics, Inc. & Novo Nordisk A/S v. Bayer HealthCare LLC, et al. (E.D. Tex.)
Represented Bayer HealthCare in patent case involving recombinant Factor VIII product Kogenate®FS. Case settled.
Nicor Gas v. Kopytek (Circuit Court, Cook County, Ill.)
Represented Plaintiff, Nicor Gas, seeking to recover damages to Nicor’s underground gas line. Jury awarded Nicor 100 percent of its claimed damages plus court costs.