Andrew C. MacNally
Bartlit Beck Herman Palenchar & Scott LLP, 2008-Present, Partner (since 2013)
Cases tried or otherwise taken to judgment
Adinolfe et al v. Pratt & Whitney (S.D. Fla.)
Trial counsel for Pratt & Whitney in environmental tort cases involving more than $1 billion in alleged property damage and personal injury claims arising out of the declaration of a “cancer cluster” in a neighborhood near Pratt & Whitney’s West Palm Beach facility. Defeated class certification (and excluded plaintiffs’ main expert) after a 5-day evidentiary hearing.
Confidential Arbitration (Chicago, New York)
Acted as trial counsel for an accounting firm. Obtained a complete defense verdict following a two week arbitration
U.S. Airways v. Sabre Inc. (S.D.N.Y.)
Trial counsel for Sabre in antitrust action relating to contract between U.S. Airway and Sabre concerning Sabre’s Global Distribution System. Won motions to dismiss monopolization and declaratory judgment claims. Won summary judgment on claim for injunctive relief and over 75% of Plaintiff's damages claim. Won $6 million costs/attorneys’ fees award. Two-month jury trial resulting in defense verdict on one claim and damages of 1% of what Plaintiff had sought on second claim.
Las Vegas Hepatitis C Litigation (District Court, Clark County Nevada, 2013-14)
Lead counsel and trial counsel for Defendants. Provided strategic direction and coordinated trial teams in litigation encompassing over 40 individual cases, pending before approximately 20 different judges in state court in Las Vegas. Plaintiffs were individuals who claimed to have contracted Hepatitis C during endoscopy procedures performed at clinics that were on Defendants' networks of approved healthcare providers. Defendants were health plans and other entities affiliated with United Healthcare.
- Martin v. Pacificare of Nevada Trial counsel for PacifiCare of Nevada on claims for negligence and punitive damages. Worked extensively on trial witness preparation and cross examination outlines. Argued several pre-trial motions. Tried case to verdict. The jury found compensatory damages substantially below the amount awarded in previous trials arising out of the same events and denied plaintiffs’ claim for punitive damages.
- Lynam v. Health Plan of Nevada Trial counsel for Health Plan of Nevada on claims of negligence and punitive damages. Case settled shortly before trial.
Rolls-Royce v. United Technologies (U.S. District Court, E.D. Va.)
Represented United Technologies and its Pratt & Whitney division in an alleged multi-billion dollar patent case brought by Rolls-Royce. The technology at issue related to the jet engines (particularly the fan blades) used on the world’s largest airplane, the Airbus A380, as well as a host of other airplanes. Rolls-Royce sought almost $4 billion in damages and an injunction preventing further sales of the accused engines. The Court granted summary judgment in United Technologies' favor, finding that United Technologies' engines did not infringe the Rolls-Royce patent. This ruling was the culmination of a string of successes in which United Technologies also won summary judgment of no willful infringement (by which Rolls-Royce was seeking treble damages up to over $11 billion) and the Court struck Rolls-Royce’s damages theory.
Worked extensively on United Technologies’ defense on damages issues in addition to other dispositive briefing. Prior to the summary judgment decision, the Court struck Rolls-Royce’s nearly $4 billion damages theory. In the damages ruling, the Court found that Rolls-Royce’s multi-billion dollar claim for “price erosion and lost profits damages is based on misstatements of the law, a lack of sound evidence, and unsupported economic assumptions, and its paid up royalty theory is similarly flawed. [Rolls-Royce’s expert’s] report reads more like a lawyer’s brief advocating for the highest conceivable damages award rather than an expert trying to assist the trier of fact reach a reasonable damages figure. Because of this extensive overreaching, the entire report is undermined.”
American Airlines v. Sabre, et al. (Tarrant Cty, Tex., N.D. Tex. 2011-2012)
Trial counsel for Sabre in antitrust suit brought by American Airlines in both state and federal courts in Texas alleging unlawful monopolization, conspiracy and illegal contractual arrangements and seeking nearly $3 billion in damages. Case proceeded to trial in state court in Ft. Worth. Case settled on confidential terms during trial.
Nicor Gas Co. v. Glenbrook Excavating and Concrete, Inc. (Circuit Court, DuPage County 2010)
Represented public utility company seeking to recover damages caused to four underground gas lines. Co-chaired three-day jury trial. Jury found for Nicor, awarding 95% of damages requested.
Adinolfe et al v. Pratt & Whitney (S.D. Fla.)
Trial counsel for Pratt & Whitney in environmental tort cases alleging groundwater contamination in and around Pratt & Whitney’s facility in Palm Beach County, Florida. Cases include a large class action alleging property value diminution as well as a series of individual personal injury cases.
Neil F. Sullivan, et al. v. E-One Inc., et al. (Superior Court, Middlesex County, Massachusetts)
Represented defendant fire truck manufacturer E-One (and its former parent, Federal Signal) in a product liability action alleging personal injuries stemming from a fire scene accident where a firefighter was injured. Plaintiffs alleged negligent design, breach of the implied warranty of merchantability and violations of Massachusetts General Law 93A. Case settled shortly before trial.
Bayer HealthCare LLC v. Abbott Labs (U.S. District Court, Dist. of Massachusetts)
Representing Bayer HealthCare in patent litigation relating to human anti-TNF alpha antibodies and Abbott’s Humira® medication.
Morgan Stanley v. Discover Financial Services (Supreme Court, New York County, NY)
Represented Discover in dispute concerning division of proceeds from Discover's recovery of $2.75 billion in a settlement of its antitrust litigation against Visa and MasterCard. Morgan Stanley and Discover disputed what portion of the settlement proceeds were due Morgan Stanley, which spun off Discover while the antitrust suit was pending. Case settled before trial with Morgan Stanley agreeing to an approximately $85 million reduction in its share of the proceeds.
- Adinolfe et al v. Pratt & Whitney (2018)
- Rolls Royce PLC v. United Technologies Corporation (d/b/a Pratt & Whitney) (2011)