Andrew R. McGaan, P.C.

Product Liability

• Juul Labs, Inc. Product Liability Litigation. Trial counsel for defendant in multi-jurisdiction litigation involving product liability, sales, marketing, and design claims. Pending.
• Nichols v. AMF, Inc., No. 1122-CC01820 (St. Louis, MO). Trial counsel for Dow Chemical in personal injury action seeking punitive damages and $21 million in compensation. Three-week jury trial. Defense verdict. 2014.
• Trial counsel for Union Carbide in personal injury actions, including Abdalla v. 84 Lumber Co., No. 2011–2130 (Syracuse, NY); Heidecker v. Benson Chemical Co., No. 2012-02-01420 (Spokane, WA); Hasson v. Buckaroo Thermoseal, Inc., No. 1209-12079 (Portland, OR); and Lewinstein v. Amcord, Inc., No. BC 496185 (Los Angeles, CA), resolved during or before trial. 2012–2014.
• City of St. Louis v. American Tobacco, No. CV982-09652 (St. Louis, MO). Trial counsel for defendants in multibillion dollar action by more than 30 hospitals seeking health care costs. Four-month jury trial. Defense verdict. 2011.
• Citgo Petroleum Corp. v. McDermott Int'l., No. 03-L-9812 (Chicago, IL). Trial counsel for defendant that conceded defect and causation in $600 million oil refinery fire action. Five-week jury trial. Jury reduced fault by more than 50% and damages by more than 40%. After trial, settled below pre-trial cap. 2006.
• Smith v. Brown & Williamson, No. 03-CV-212922 (Independence, MO). Trial counsel for defendant in $200 million death action. Three-week jury trial. Plaintiff, 75% at fault, awarded only 10% of damages sought. Damages reversed on appeal. Smith v. Brown & Williamson, 2007 WL 2175034 (Mo. App. W.D. 2007).
• Mash v. Brown & Williamson (E.D. Mo.). Trial counsel for defendant in $35 million death action. Two-week jury trial. Defense verdict. 2004.
• Hall v. R.J. Reynolds, No. 00-1061 (Tampa, FL). Trial counsel for defendant in multimillion dollar fraud and product liability action. Five-week jury trial. Defense verdict. 2003.
• Walton v. Brown & Williamson, No. 98-C1-06440 (Louisville, KY). Trial counsel for defendant in $32 million personal injury product liability action. Summary judgment for defendant. 2003. 
• Smith v. Brown & Williamson, No. 96-0459-CV-W-3 (W.D. Mo.). Trial counsel for defendant. After summary judgment for defendant on key claims, plaintiff dismissed. 2000.
• Estate of Butler v. Philip Morris, No. 94-5-53 (Ellisville, MS). Trial counsel for defendant in $25 million death action. Four-week jury trial. Defense verdict. 1999.
• Dow Corning Breast Implant Litigation, Defended product liability and fraud claims against leading maker of silicone gel-filled implants. Individual and class actions in state and federal courts nationally. 1993–1995.

Restructuring

• In re McDermott International, Inc. (Bankr. S.D. Tex.). Trial counsel for debtor, energy industry provider of engineering, construction and installation services, restructuring $9.2 billion in prepetition debt. Pending.
• In re Toys “R” Us, Inc. (Bankr. E.D. Va.). Trial counsel for debtor, world’s largest toy and baby product retailer, restructuring $5.2 billion in prepetition debt. 2017–2019.
• In re Nine West Holdings, Inc. (Bankr. S.D.N.Y.). Trial counsel for debtor, major designer, manufacturer, and wholesaler of footwear, apparel, jewelry, and handbags, restructuring approximately $1.6 billion in pre-petition funded debt. 2018–2019.
• In re Sequa Corp. (Bankr. D. Del.). Trial counsel for debtor in out-of-court restructuring of approximately $1.9 billion in debt. 2016–2017.
• In re Samson Resources Corp. (Bankr. D. Del.). Trial counsel for debtor, oil and gas exploration and production company with assets in multiple states, deleveraging in Chapter 11 approximately $4 billion in debt. 2016.
• In re Energy Future Holdings Corp. (Bankr. D. Del.). Trial counsel for debtor, largest electricity producer, distributor, and provider in Texas. Defeated at trial $1.4 billion in creditor claims. In re Energy Future Holdings Corp., 527 B.R. 178, 539 B.R. 723, and 540 B.R. 96 (Bankr. D. Del. 2015). Obtained after trial approval of inter-debtor settlements and plan confirmation. 2015.
• In re Capmark Financial Group, Inc. (Bankr. D. Del.). Trial counsel for ad hoc committee of secured lenders defending $1.1 billion settlement of avoidance actions. Settlement approved. 438 B.R. 471. 2010.
• In re Visteon Corp., No. 09-11786 (Bankr. D. Del.). Trial counsel for $9.5 billion global automotive supplier. Contested confirmation approved. 2010.
• In re Lehman Brothers Holdings, Inc., No. 08-13555 (Bankr. S.D.N.Y.). Trial counsel for creditors with hundreds of millions of dollars in claims. Settled.
• In re Calpine Corp., No. 05-602000 (Bankr. S.D.N.Y.). Trial counsel for debtor, leading operator of gas-fired power plants. Recovered more than $100 million in claims. 2008.
• In re Dura Automotive Systems, Inc., No. 06-11202 (Bankr. D. Del.). Trial counsel for debtor. 2007.

Other Commercial Cases

• Bridgestone Americas, Inc. v. International Business Machines Corp., No. 3:13-CV-1196 (Nashville, TN). Trial counsel for defendant in action alleging damages from the design and installation of an enterprise resource planning system. Settled. 2015–2017.
• Nationwide MSA Arbitration. Trial counsel for R.J. Reynolds in $1.1 billion arbitration against 48 states and territories over settlement-related obligations arising from nationwide Medicaid cost-recovery litigation brought by state attorneys general. Settled.
• People of the State of Illinois v. R.J. Reynolds Tobacco Co., No. 96L13146 (Chicago, IL). Trial counsel for defendant in contempt action by attorney general seeking $6.5 million sanction and injunctive relief. Judgment for defendant. 2009.
• In re African-American Slave Descendants Litigation, MDL 1491 (N.D. Ill.). Coordinating counsel for defendants in nine class actions seeking reparations for slave descendants. Summary judgment for defendants. 375 F.Supp.2d 721 (N.D. Ill. Jul. 6, 2005), aff’d and modified 471 F.3d 754 (7th Cir. Dec. 13, 2006).
• In re Cigarette Antitrust Litigation, MDL 1342 (N.D. Ga.). Defended price fixing claims by nationwide wholesaler class and by consumers and retailers in more than 30 states. Summary judgment for all defendants. 231 F.Supp.2d 1253 (N.D. Ga. Jul. 11, 2002), aff’d. 346 F.3d 1287 (11th Cir. 2003).
• PharmaResearch Corp. v. Mash, No. 01-CVS-02281 (Wilmington, NC). Trial counsel for plaintiff to recover wrongfully retained shares. Summary judgment for plaintiff. 163 N.C. App. 419 (2004).
• Group Health Plan v. Philip Morris, No. 98-1036 (D. Minn.). Trial counsel for defendant in multibillion dollar consumer fraud and antitrust action. Summary judgment for defendants. 188 F.Supp.2d 1122 (D. Minn. 2002), aff’d. 344 F.3d 753 (8th Cir. 2003).
• Glass Master Group v. Mitchell, No. 00-614-C-MI (M.D. La.). Trial counsel for plaintiff. Obtained TRO closing competing business. 2000.
• Fasco Industries v. Jakel, Inc., No. 100-CC-0663-5 (Springfield, MO). Trial counsel for defendant. Defeated TRO to oust client's senior management. 2000.
• Kokomo Spring Co., Inc. v. Hecker, No. B-88-129, (D. Conn.). Trial counsel for plaintiff in securities fraud action. Three-week trial. $5.8 million plaintiff's verdict, including punitive damages. 1997.
• Taylor-Spears v. Softsoap Enterprises, Inc., No. 93 CH 2917 (Chicago, IL). Counsel for Colgate-Palmolive in a national class action alleging fraudulent liquid soap marketing. Summary judgment for defendants. 1995.
• In re American Cont. Corp./Lincoln Savings Securities Litigation, MDL-834 (D. Ariz.). Counsel for Charles H. Keating, Jr. in RICO and securities actions arising from seizure of Lincoln Savings & Loan Association. 1990-1992.
• U.S. v. Keating, No. CR-91-1021-MRP (C.D. Ca.). Trial team defending 76‐count RICO, securities and bank fraud indictment. Convictions reversed on appeal. 147 F.3d 895 (9th Cir. 1998). 1992-1998.