Andre Mauricio Pauka
Andre Pauka has been with Bartlit Beck since 1996, and a partner since 2002. Andre has extensive commercial litigation experience involving breach of contract and licensing disputes, antitrust & price fixing, fraud and qui tam, public nuisance, product defect and patent infringement.
In his cases, Andre has tackled a variety of complex technical subject matter including analytical chemistry (Raman spectroscopy and x-ray diffraction), orthopedic medical devices, jet engine design, coal mining operations, respirators, statistics and sampling, LCD panels, building design and construction, flexographic printing, security camera systems, soil remediation, navigation software and multi-layer plastic bottles. Andre also has worked extensively on historical issues involving medical knowledge, product design and promotion, and urban development.
Andre studied mechanical engineering and engineering management at the United States Military Academy, West Point, graduating in the top 5% of his class. Andre served in the Army Corp of Engineers where he led civic action missions to construct school buildings in Bangladesh, water desalinization and storage facilities in the Kingdom of Tonga, and farm roads, school buildings and aquaculture research facilities in Micronesia. Andre received the General MacArthur Leadership Award, given annually to a handful of Army officers who exemplify the ideals of Duty, Honor, Country.
Andre is an active member of the Executive Board of the Denver Area Council, Boy Scouts of America. He also is the firm’s representative with the Center of Legal Inclusiveness, a Denver non-profit that seeks to increase diversity in the legal profession. He has worked with the Knowledge is Power Program (KIPP) charter school in Denver to introduce inner-city students to the legal profession and is a member of the Colorado Hispanic Bar Association.
Cases tried or otherwise taken to judgment
City of Milwaukee v. NL Industries, et al.
Represent NL in a suit brought by the City of Milwaukee to declare lead paint throughout Milwaukee to be a public nuisance and to hold NL liable for costs of the city’s childhood lead poisoning program. Jury verdict in NL’s favor in June 2007.
Rhode Island v. NL Industries, Inc., et al.
Represented NL in a suit brought by the Attorney General of Rhode Island. The AG sought to declare the past sale of lead paint a “public nuisance” throughout the State of Rhode Island. Jury voted 4-2 for the defense when it deadlocked after a two-month trial in August-October 2002. Retrial from October 2005 until February 2006 resulted initially in a deadlock (4-2 for defense) and ultimately a verdict for the State. In July 2008, the Supreme Court of Rhode Island unanimously reversed the trial verdict, requiring complete dismissal of the State’s lawsuit.
Tyrone Parker v. NL Industries, Inc., et al. (Circuit Court of Baltimore City, Maryland)
Represent NL in jury trial for products liability resulting from sale of lead paint products in 1950s. 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 poisoning or property damage are pending throughout the country. Plaintiff alleged that his epilepsy resulted from latent injuries caused when he ingested lead paint in the 1950s. 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 poisoning. The case was tried before a Baltimore City jury from May 30 to June 12, 2000 before Judge Heller. Complete defense verdict.
SK Hand Tool and Corcoran Partners v. Dresser
Represented defendant Dresser on remand for a trial on damages only. In a first trial that another firm handled, the jury awarded plaintiffs $4 million in compensatory and $50 million in punitive damages for fraud in the sale of Dresser’s hand tool division. Dresser hired Bartlit Beck to handle the post-trial motion and appeal. The Illinois Appellate Court, First District, reversed the damages awards and remanded for a new trial on damages only. On remand, the trial judge resurrected the original $50 million in punitive damages subject to post-trial review. At the trial on remand in October 1998, plaintiffs sought $40 million in compensatory damages. The jury awarded $1. Trial Judge Ken Gillis granted Dresser’s post-trial motion and reduced the original $50 million in punitive damages down to $650,000. Dresser paid the $650,001 judgment. Several articles chronicle Dresser’s success: Corporate Counsel Magazine (July 1999), The Trial Lawyer’s Guide (Vol. 42, No. 2 1998), and the National Law Journal (April 19, 1999) (honorable mention defense verdict for 1998).
Allison Engine Company/GM Corporation
Represented Allison Engine in a suit filed in the federal court for the Central District of California alleging negligence in the design and manufacture of engines on a C130 cargo airplane. Case arose from the crash of a United States Air Force National Guard plane. Prepared a successful motion for summary judgment on statute of repose grounds. Affirmed by the Ninth Circuit Court of Appeals.
Represented DuPont in MDL including numerous purported class actions brought by consumers who purchased cookware made with Teflon® non-stick coatings.
Swiss Bank v. Dresser Industries, Inc.
Defended Dresser against allegations of breach of contract arising out of a warrant for the purchase of stock. All claims dismissed by the federal court for the Northern District of Illinois. Dismissal was upheld on appeal by the Seventh Circuit Court of Appeals.
Other representative cases
Smith & Nephew, Inc.
Currently representing Smith & Nephew, a medical products manufacturer, in a breach of contract case involving orthopedic internal and external fixation devices.
NL Industries, Inc. – Lead Paint Litigation
Defend NL Industries, Inc., a former manufacturer of lead pigments used in paint, against allegations of negligence and strict liability brought by individuals claiming injury from the ingestion of lead paint. Also represent NL in cases brought by governmental entities alleging public nuisance. These personal injury and public nuisance suits have been filed in numerous states, including in California, Illinois, Maryland, Missouri, New Jersey, New York, Ohio, Rhode Island, and Wisconsin. Under Bartlit Beck’s strategic and trial leadership, NL has never lost a lead paint suit in many years of nationwide litigation.
Represent 3M in lawsuit by West Virginia Attorney General seeking hundreds of millions of dollars in reimbursement of workers’ compensation payments to thousands of coal miners and other West Virginia workers.
Spring Branch Independent School District v. NL Industries, Inc., et al.
Represented NL in a suit brought by the Spring Branch School District in Houston, Texas. This was the first of several suits brought by school districts in Texas seeking recovery of costs in replacing surfaces coated with lead-based paint. Prepared successful motion for summary judgment regarding product identification and causation. The Texas intermediate appellate court affirmed summary judgment and dismissal of the case. Following this summary judgment victory, the school districts in all of the remaining cases in Texas voluntarily dismissed their cases.
Denver Area Council of the Boy Scouts of America
Pro bono representation of the Denver Area Council of the Boy Scouts of America in litigation concerning recreational activities at Boy Scouts' Peaceful Valley Scout Ranch in Elbert County, CO.
Represented Haarmann & Reimer, a Bayer subsidiary, in an antitrust suit alleging conspiracy to fix prices.
Health Care Fraud Qui Tam Actions
Represented a Relator prosecuting a qui tam action under the federal False Claims Act against a mail-order pharmacy for fraudulent Medicaid billings. Case resulted in a criminal conviction for fraud and recovery by the government of over $1 million in fraudulent proceeds.
MFS Communications, Co.
Represented MFS in a securities fraud lawsuit. Case settled favorably after opening arguments.
Sensormatic Electronics Corporation and Tyco International
Represented Sensormatic and Tyco International in suit brought by Elbex. Elbex alleged that Sensormatic and Tyco infringed its patent and engaged in tortious interference with a contract and prospective business relationships related to a construction project in Singapore. The patent claims were settled for nuisance value and the remaining claims were dismissed.
Represented DuPont in patent suits concerning MacDermid. The patents relate to thermally processed flexographic printing plates.
Hess v. NL Industries
Representing NL in a suit brought in the City of St. Louis, Missouri, by minor plaintiffs claiming injuries from ingesting lead paint. Plaintiffs’ expert chemist claims he has used a novel scientific technique to identify NL as the manufacturer of lead pigment in paint in the plaintiff’s former residence.
Brown v. NL Industries, Inc.
Representing NL in a suit brought in Cook County, Illinois, by a minor plaintiff claiming injuries from ingesting lead paint. Plaintiff’s expert chemist claims he has used a novel scientific technique to identify NL as the manufacturer of lead pigment in paint in the plaintiff’s former residence.
NL Industries, Inc. – Environmental
Represented NL in a litigation and arbitration arising from alleged breach of an environmental remediation contract.
Kimberly Clark v. Paragon Trade Brands, Tyco Healthcare Retail Group et al.
Represent Tyco in an arbitration with Kimberly-Clark over Paragon’s license to Kimberly Clark’s “Enloe” patents relating to the design of diapers. Case settled.
American National Can Co. v. Continental PET Technologies, Inc.
Represented defendant in a patent infringement suit concerning clear and recyclable squeeze bottle for Heinz ketchup.
Represented NavTech against allegations of infringement of patents concerning navigational software technology.
Represented Rheox, Inc. in patent case involving method to remediate soil contamination.
- Lawyers Weekly USA
- The National Law Journal
- SK Hand Tool v. Dresser