McGrath North has an extensive litigation practice. The firm handles trials and appeals in federal and state courts in the Midwest and throughout the United States. We have over thirty attorneys with litigation experience, and we are thus positioned to handle cases of any magnitude from simple two-party disputes to multi-district class action litigation. Firm members engaged in litigation have been recognized by the American College of Trial Lawyers, as well as Best Lawyers in America. Our litigation practice includes the following:
Commercial Litigation
When there is a dispute over commercial matters, our focus is to resolve it efficiently and successfully. Some disputes can be resolved through mediation or other innovative methods. Others require decisions by courts or arbitration panels. Regardless of the method, McGrath North attorneys have the experience and dedication to find creative solutions for every type of business dispute.
Our lawyers represent individuals, small businesses and Fortune 500 corporations in a variety of litigation matters ranging from the simple to the complex. We practice in federal and state courts nationwide and before arbitration panels wherever they sit.
Representative Cases
McGrath North lawyers have represented clients in every type of commercial dispute. Examples of the types of disputes in which we have developed expertise are:
- Disputes over interpretation and performance of contracts
- Merger and acquisition agreements
- Shareholder disputes
- Covenants not to compete
- Antitrust and trade regulation
- Fraud and securities fraud
- RICO
- Performance of real estate contracts
- Purchase and sale agreements
- Uniform Commercial Code
Complex Litigation
The complex litigation specialists at McGrath North have extensive experience in the defense of statewide and national class action litigation. We have worked in the Federal and State Court systems throughout the nation involving claims relating to employment practices; food product preparation and labeling; insurance sales and marketing practices; product liability; mass torts; consumer fraud and unfair trade practice act claims.
McGrath North understands the burden, expense and exposure that this type of litigation represents and we work to formulate defense strategies that will control costs while also serving to dispose of the litigation exposure at the earliest practicable time.
Representative Projects
- Obtained a favorable judgment in the defense of a Fortune 500 company in a $300 million fraud and breach of contract claim arising out of the sale of a joint venture. The case was affirmed on appeal.
- Obtained dismissal order for a national life insurance company in multimillion dollar premium collection national class action brought by policyholders.
- Obtained summary judgment in favor of a national health insurance company in multimillion dollar statewide class action case brought by policyholders on contract claims in federal court.
- Opposed certification of class action of current and former insurance agents against a national life insurance company client where agents sought damages for breach of contract. Obtained summary judgment and dismissal of agents’ RICO claims in favor of client.
- Represented a national meatpacking company and obtained a favorable judgment at trial in federal court and on appeal to the Circuit Court of Appeals in a $9 million nationwide class action.
- Represented and obtained a favorable outcome for a successor to lead pigment manufacturer in state-wide public nuisance suit brought by Attorney General of the State of Rhode Island seeking remedy of abatement of lead paint in residential and other buildings located throughout the State with an estimated cost in excess of one billion dollars.
- Acted as national counsel for successor to lead pigment manufacturer with responsibility for formulating and implementing strategy for defense of product liability, public nuisance and class actions brought across the country related to the historical sale and marketing of lead pigment.
- Won summary judgment that dismissed a Fortune 500 company client from a billion dollar antitrust class action brought by 5000 fishermen in Anchorage, Alaska who had alleged horizontal price fixing in the sockeye salmon industry.
- Negotiated settlement of class action suits and managed to conclusion numerous non opt-out settlement classes.
- Defended and obtained an order in favor of large national bank on multi-million dollar securities fraud and RICO claims brought by investors in oil and gas limited partnerships arising out of the failure of Penn Square Bank.
Personal Injury/Product Liability Litigation
McGrath North undertakes personal injury and product liability cases on behalf of both plaintiffs and defendants – for individuals and businesses. Our practice covers automobile liability cases, toxic torts, wrongful death actions, and product liability suits. McGrath North attorneys have tried numerous and substantial cases to jury verdict. Our considerable experience in these areas also lends itself to counseling clients on how to avoid litigation.
Professional Liability Litigation
McGrath North handles cases involving the representation of individuals and corporations which have claims against professionals including doctors, lawyers, accountants, dentists, architects, engineers, pharmacists and other professionals. We represent professional defendants who are sued by individuals or corporations. The representation includes handling such matters in mediation, arbitration or litigation.
Intellectual Property Litigation
McGrath North’s intellectual property litigation attorneys have substantial experience in litigation, alternative dispute resolution, and related counseling, and advise clients concerning all facets of intellectual property disputes. We have successfully litigated numerous disputes including trademark infringement cases, domain name dispute resolution matters, patent and copyright infringement suits and trade secret claims.
Our experience also extends to matters that are often combined with intellectual property disputes, such as breach of contract claims, antitrust violations and unfair business practices. As with any area of litigation, the intellectual property litigation attorneys identify and maintain focus on the key issues in all disputes in order to achieve client objectives and to facilitate the successful and efficient resolution of each dispute.
Representative Projects
- Wrestled domain names containing clients’ famous trademarks from a cybersquatter in federal court litigation and in Uniform Domain Name Dispute Resolution Policy proceedings with the World Intellectual Property Organization.
- Successfully appealed a trademark infringement suit to the Eighth Circuit Court of Appeals in which the Eighth Circuit reversed a trial court judgment against the firm's client.
- Negotiated a complex settlement for a patent owner client in an infringement suit against a major agricultural manufacturer.
- Defended and obtained a favorable ruling for a nutritional supplement client at the preliminary injunction stage of a trademark infringement suit and later negotiated a favorable settlement of the same dispute prior to the client's investment in a trial on the merits.
- Represent large corporations, small companies and individuals in opposition and cancellation proceedings before the Trademark Trial and Appeal Board.
Workers' Compensation Litigation
McGrath North’s workers’ compensation attorneys defend work-related injury and occupational disease cases for a variety of insurance companies and self-insured business clients. We also provide counseling and advice regarding loss prevention and claims handling strategies for on-the-job injuries to assist clients with efforts to manage workers’ compensation costs. We also represent individual clients with workers’ compensation claims who have suffered significant injuries.
Insurance Litigation
The insurance litigation specialists at McGrath North are experienced in all aspects of litigation that may arise in virtually every facet of the insurance business. We are experienced in every court and in all forms of dispute resolution and we are able to offer counsel in matters arising prior to actual litigation, particularly in the investigation and coverage determination phase of a claim. Our attorneys can help our clients with every line and type of coverage offered.
McGrath North represents numerous insurance companies who write life, health, property, casualty, comprehensive general liability, automobile, business, and directors and officers coverages in both first-party and third-party litigation matters. We handle all aspects of insurance litigation, including coverage disputes, fraud investigation, and bad faith claims. From providing coverage opinions, to coordinating investigations of substantial property and personal injury claims, to representing insurance carriers or their policyholders through jury trial and appeal.
Representative Projects
- Represented a corporate policyholder in a multimillion dollar first party claim for property and business interruption losses and resolved the case without the expense of a trial.
- Won millions of dollars in settlements or judgments for corporate clients in claims against their insurers for which coverage was originally denied.
- Obtained court decrees in numerous declaratory judgment coverage actions for both insurers and insured clients on defense obligation and indemnity issues.
- Obtained favorable outcomes in the defense of multiple actions alleging bad faith on the part of insurance clients.
- Sought and obtained many large recoveries for insurance clients on subrogation claims for reimbursement of policy benefits paid to insureds from parties alleged to be legally responsible for the losses.
- Represented hundreds of insured or self-insured entities in auto liability, general liability, product liability and workers’ compensation matters throughout Nebraska and Iowa.
- Consulted with both large corporations and small companies concerning business coverage requirements, adequacy of existing insurance programs and recommended future coverages.
