Sean W. Gallagher
Sean Gallagher is an accomplished trial lawyer with experience across a broad range of complex commercial litigation matters. The majority of Sean’s representations have been for major U.S. and international companies in cases involving intellectual property (including patent infringement and Lanham Act claims), trade secret misappropriation, product liability, accountant liability, toxic tort, and breach of contract. Sean has also worked on a variety of other matters ranging from Gore v. Bush, where Sean was part of the Bartlit Beck team that represented President Bush at the trial court level, to Newsome v. McCabe, where Sean helped obtain compensation for a man wrongfully convicted of murder.
Sean’s accomplishments have been recognized by a number of legal publications, including Benchmark Litigation which recognized him as a “Litigation Star.”
Sean joined the firm in 1996 directly from a clerkship for Justice Sandra Day O’Connor of the Supreme Court of the United States, before which he served as law clerk to Judge Alex Kozinski on the United States Court of Appeals for the Ninth Circuit.
Confidential Arbitration (Chicago, New York)
Acted as lead trial counsel for an accounting firm. Obtained a complete defense verdict following a two week arbitration.
Trinity ET Plus Litigation (Texas, Missouri)
Lead trial counsel in personal injury cases challenging the safety of Trinity's ET Plus guardrail system.
Adinolfe et al v. Pratt & Whitney (S.D. Fla.)
Lead 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.
Las Vegas Hepatitis C Litigation (District Court, Clark County Nevada, 2013-14)
Lead counsel and trial counsel for Defendants. Provided overall 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. Tried case to a jury 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
Lead trial counsel for Health Plan of Nevada on claims of negligence and punitive damages. Case settled shortly before trial.
- Paul v. Health Plan of Nevada
Trial counsel for Health Plan of Nevada on claims for negligence and punitive damages. Case settled during trial.
Confidential AAA Arbitration (Dallas, Tex. 2011-2012; New York, N.Y. 2012-13)
Trial counsel for “Big Four” accounting firm in AAA arbitrations against principals of multi-billion dollar investment firm and former executives of Fortune 100 company. Plaintiffs alleged our client’s tax shelter advice led to hundreds of millions of dollars in damages.
Gore v. Bush, et al.
Represented President George W. Bush in election contest filed by former Vice President Al Gore in Leon County, Florida, contesting the results of the 2000 Presidential election in Florida. Trial judge held that no recount should take place. Florida Supreme Court reversed and ordered recount. The United States Supreme Court stayed the recount, ruling that it was unconstitutional. Members of the Bush and Gore legal teams were named “Lawyers of the Year” by The National Law Journal.
Schindler Elevator v. Otis Elevator
Lead trial counsel for Otis in patent infringement lawsuit concerning elevator controls. Adverse result in jury trial, reversed on appeal. Judgment in favor of client.
Friel v. Federal Signal
Trial counsel representing Federal Signal at trial of product liability claims made by firefighters who allege that they have noise-induced hearing loss from exposure to sirens. Obtained jury verdict in favor of Federal Signal.
Competition Law Group v. EnjoyLife
Lead trial counsel for Competition Law Group at jury trial of breach of contract claim and malpractice counterclaim arising from EnjoyLife’s refusal to pay attorneys fees. The jury returned a complete verdict for Competition Law Group.
Confidential v. Novartis
Lead trial counsel for Novartis in an arbitration involving claims that Novartis breached a contract for the development of a drug compound licensed from a third party.
Rago v. Federal Signal
Co-lead trial counsel representing Federal Signal at trial of product liability claims made by firefighters who allege that they have noise-induced hearing loss from exposure to sirens. Jury verdict for plaintiffs, post-trial and appeal proceedings pending.
Perrine v. DuPont
Represented DuPont in seven-week state court jury trial of toxic tort claims brought by class of West Virginia residents. Class claims related to alleged smelter emissions over a century-long period. Jury verdict for plaintiffs; settled before retrial after appeal.
more CASES TRIED, TAKEN TO JUDGMENT OR FAVORABLY RESOLVED
CytoLogix v. Ventana Medical Systems
Defended Ventana Medical Systems at trial against claims of patent infringement and trade secret misappropriation relating to technology for automating “slide staining” procedures used in pathology laboratories for the diagnosis of disease.
Lectrolarm v. Sensormatic, et al.
Lead counsel for Sensormatic in this patent infringement case involving patents in the design of electronic video surveillance equipment. Secured summary judgment of invalidity that was affirmed on appeal.
Adelphia Communications Corp. v. Deloitte & Touche LLP v. John Rigas, et al.
Co-counsel representing Deloitte & Touche LLP as trial counsel in multi-billion dollar accounting malpractice case brought by Adelphia, with third-party claims against the Rigas family. Case resolved on confidential terms.
ICOR International, Inc. v. E.I. du Pont de Nemours and Company (S.D. Ind.)
Lead counsel for DuPont in declaratory judgment and patent false marking case. ICOR alleged that its proposed R-438A refrigerant (a generic version of DuPont's ISCEON® MO99™ product) would not infringe DuPont's patent on R-438A and that DuPont falsely marked its MO99™ product. Case ended with ICOR agreeing to dismiss these claims with prejudice.
Newsome v. McCabe
Trial counsel in this civil rights case for James Newsome. Mr. Newsome claimed that two Chicago police detectives framed him for murder, forcing him to spend 15 years in state prison for a crime that he did not commit. Obtained a jury verdict of $15 million for Newsome, which was then a record for an individual wrongful imprisonment case in Illinois.
In re Teflon® Product Liability Litigation
Counsel for DuPont in more than 20 alleged intrastate class actions brought on behalf of consumers who purchased Teflon®-coated cookware. The cases were consolidated for pretrial proceedings pursuant to an order of the panel on multidistrict litigation. The cases were dismissed after the district court denied class certification.
RealNetworks, Inc. v. Microsoft
Represented RealNetworks in an antitrust suit against Microsoft that resulted in RealNetwork’s obtaining a $761 million settlement after two years of litigation. Relevant experience included presenting RealNetworks’ claims to representatives of the Fair Trade Commission of South Korea.
Perry v. Bodman
Lead trial counsel for pro bono individual in age and gender discrimination jury trial against the Department of Energy.
Avery Dennison v. FLEXcon Company
Defended FLEXcon, a leading manufacturer of converted plastic roll and sheet products, against claims of patent infringement brought by Avery Dennison relating to methods of making multilayer plastic film facestocks for pressure sensitive applications. Won summary judgment of non-infringement, which was affirmed on appeal.
Other representative cases
Massachusetts Mutual Life Ins. Co. Residential Mortgage-Backed Securities Litigation (D. Mass.)
Represented MassMutual in its actions under the Massachusetts Uniform Securities Act, against underwriters Barclays, Credit Suisse, Goldman Sachs and RBS, arising from their sales of residential mortgage-backed securities to MassMutual in 2005-2007.
E.I du Pont de Nemours and Company v. Heraeus Materials Technology LLC (D. Del.)
Lead counsel for DuPont in patent infringement case relating to conductive pastes used in the manufacture of solar cells.
Represented AstraZeneca Pharmaceuticals in mass tort litigation regarding Seroquel® (atypical antipsychotic). Prepared several cases for trial that were dismissed on the eve of trial after rulings excluding expert testimony.
Edge Capture v. Citadel
Counsel for Citadel defending against claims for patent infringement on patent related to automated trading technologies.
CardioNet v. LifeWatch
Counsel for LifeWatch defending against claims for misappropriation of trade secrets.
Edison Mission Energy, Midwest Generation
Counsel for Midwest Generation in an appeal from the property tax assessment on the largest non-utility-owned electricity generation plant in the United States.
U.S. Pipeline v. Horizon Gas Pipeline Co.
Lead counsel for Horizon in action for breach of contract relating to cost overruns in U.S. Pipeline’s construction of a gas pipeline for Horizon in Illinois. Case settled.
Kimberly Clark v. Paragon Trade Brands, Tyco Healthcare Retail Group et al.
Lead counsel for 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.
Field Hybrids v. Toyota
Represented Field Hybrids in patent infringement suit brought against Toyota relating to the design of the hybrid electric drive train in the Toyota Prius. Case settled.
Ventana Medical Systems v. Abbott Laboratories
Represented Ventana in its dispute with Abbott Laboratories over Abbott’s infringement of Ventana patents relating to BCR-ABL and dual and tri-color probe technology. Case settled.
A&E Products Group LP v. Spotless Enterprises Inc.
Represented A&E Products in patent infringement action relating to the design of garment hangers. Case settled.
A&E Products Group LP v. Mainetti
Represented A&E Products in patent infringement action relating to the design of garment hangers. Case settled.
Florists’ Transworld Delivery, Inc. v. American Floral Services & Teleflora
Represented FTD in arbitration of contract dispute with American Floral Services and Teleflora over failure to pay minimum order fees under their agreements for access to FTD’s Mercury Network.
Commonwealth Edison v. Midwest Generation
Represented Midwest Generation in disputes with Commonwealth Edison and its parent company Exelon over outages at power generation facilities and other matters.
FTD.com v. IBM Network Services
Represented FTD.com in contract dispute with IBM Network Services over design of web site.
Bayer Corp. v. Schein Pharmaceutical, et al.
Represented Bayer in its suit for patent infringement to enjoin generic drug manufacturers from obtaining FDA approval to market and sell a generic version of Bayer's antibiotic Cipro®.
Real3D, Inc. (Intel) v. ATI Technologies, Inc.
Represented ATI Technologies, Inc., a leading maker of graphics accelerator chips and products for personal computers in dispute with Real3D over patents on algorithms for computer image generation.
Real3D, Inc. (Intel) v. 3Dfx Interactive, Inc.
Represented 3Dfx Interactive, a leading maker of graphics accelerator boards for personal computers, in dispute with Real3D over patents on algorithms for computer image generation.
Barr Laboratories v. DuPont Pharmaceuticals
Defended DuPont in an antitrust case brought by generic drug manufacturer in New York Federal Court for alleged monopolization of the market for blood thinning medicine.
Lockheed Martin Corp. v. Silicon Graphics, Inc.
Defended Silicon Graphics, a leading producer of computer graphics equipment, against claims of patent infringement relating to various methods for computer generation of video images in three dimensional space.
Fred Meyer Inc. v. Hurley State Bank
Defended Sears Payment Systems in breach of contract litigation concerning proprietary credit card processing.
Wolens v. American Airlines
Represented objector in contested hearing on class action settlement involving changes to American Airlines’ Aadvantage program.
E-Victor v. Bio Technologies for Horticulture, Inc.
Represented Bio Technologies for Horticulture, Inc. in an international arbitration involving an alleged breach of a development and distribution agreement. Case settled during mediation.
Hoover Co. v. Bissell, Inc.
Represented Bissell in patent infringement and trade dress matter involving Hoover patents on upright deep cleaning extractors, commonly referred to as steam cleaners. Bissell brought an antitrust counterclaim. Hoover settled during trial after Bissell rested its case.
Bankers Trust v. FTD, Inc.
Represented FTD in breach of fiduciary duty case filed by FTD against Bankers Trust, arising out of acquisition financing provided by Bankers Trust.
Acknowledgements, presentations, and publications
Death: The Ultimate Run-On Sentence, 46 Case Western Res. Law Rev. 1 (1995) (with Alex Kozinski)
For an Honest Death Penalty, N.Y. Times, Mar. 8, 1995, at A1 (with Alex Kozinski)
The Public Policy Exclusion and Insurance for Intentional Employment Discrimination, 92 Mich. L Rev. 1256 (1994)
- Adinolfe et al v. Pratt & Whitney (2018)
- Clark Material Handling Co. v. Toyota Material Handling U.S.A., Inc. (W.D.N.C. 2015)
- In re Teflon Products Liability Litigation (2009)
- James Newsome v. McNally & McCabe (2001)