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Our Cases TLJ’s lawyers consistently deliver favorable results in complicated and high stakes legal disputes. They have successfully litigated coverage and extracontractual issues in federal and state trial and appellate courts nationwide, in diverse areas of insurance ranging from directors and officers liability, non-profit organization liability, and professional liability policies to primary and excess general liability, first-party property, and disability policies. In addition, TLJ’s lawyers have significant experience in representing businesses, associations, and individuals in a wide array of litigated matters including professional malpractice, products liability, banking, and antitrust cases, among many others. The following cases illustrate the breadth and depth of knowledge and litigation experience that TLJ’s lawyers have developed during their many years in the practice of law, both prior to and subsequent to the founding of TLJ in October 2003. TLJ Cases Sphinx International, Inc. v. Genesis Indemnity Insurance Company, et al., 412 F.3d 1224 (11th Cir. 2005). In an action arising from a securities class action by a former director and officer of the insured corporation, TLJ obtained summary judgment for an insurer client based on an insured versus insured exclusion in a directors and officers liability policy. On appeal, the United States Court of Appeals for the Eleventh Circuit unanimously affirmed the trial court’s ruling, rejecting arguments by the appellant that attacked the exclusion on multiple grounds, and finding that the plain meaning of the exclusion supported the insurer’s position. TIG Specialty Insurance Co. v. Koken, 855 A.2d 900 (Pa. Commw. Ct. 2004), aff'd, 2005 Pa. LEXIS 3206 (Pa., Dec. 30, 2005). In an action arising from the multi-million dollar failure of a Pennsylvania-based health maintenance organization, TLJ's insurer client denied coverage, based upon an insured versus insured exclusion, for claims against the HMO's former directors and officers that were made by the Pennsylvania Insurance Commissioner in her capacity as liquidator of the HMO. The Pennsylvania Commonwealth Court, in a per curiam opinion that was later affirmed by the Pennsylvania Supreme Court, held that the exclusion unambiguously excluded coverage for the claims in question and rejected the directors' and officers' claims for breach of contract and bad faith. Greenwich Insurance Co. v. LecStar Corporation, et al., No. 1:05-CV-3275-RLV (N.D. Ga. 2006). TLJ won judgment on the pleadings for its client in a D&O insurance coverage matter. Judgment was awarded based on application of an insured versus insured exclusion to a suit in which one of the named plaintiffs was a former vice president of the insured company. Ameridebt, Inc. v. Gulf Insurance Co., et al., No. 8:04-CV-1375 (D. Md. 2005). TLJ prevailed on motion to dismiss extracontractual claims against defendant insurers as a matter of law. Ohio Hospital Insurance Co. v. CNA Financial Corporation, 2005 U.S. Dist. LEXIS 9864 (N.D. Ohio May 24, 2005). TLJ successfully defended an insurer against claims for contribution for a settlement under which the insured did not have a "legal obligation to pay." Dover Downs, Inc. v. TIG Insurance Company, No. 04-199-SLR, 2004 U.S. Dist. LEXIS 16365 (D. Del. Aug. 11, 2004). TLJ prevailed in a declaratory judgment action in which an operator of a horse track sought coverage under a general liability policy in connection with an underlying civil rights lawsuit in which the track had been accused of improperly denying racing privileges to three individuals. TLJ argued, on a motion to dismiss, that the civil rights lawsuit did not trigger coverage under the policy’s property damage or personal injury insuring provisions. The United States District Court for the District of Delaware agreed and granted the motion to dismiss on this basis. Pro Bono Social Security Disability Hearing, (2006). TLJ represented pro bono a 59 year widower in a hearing before the Social Security Administration. Our client had suffered from chronic and debilitating pain in his back and lower extremities for over ten years. The claimant had been seeking disability benefits since 2003 and had been rejected twice by the SSA. TLJ worked closely with our client, his family and medical doctors to present evidence to the administrative law judge that our client’s aliments prevented him from working and entitled him to benefits. Our client received a fully favorable determination from the administrate law judge at the hearing, allowing our client to finally receive the benefits to which he was entitled. Representative Cases Handled By Present TLJ Lawyers While With Prior Firms International Surplus Lines Insurance Co. v. Wyoming Coal Refining Systems, 52 F.3d 901 (10th Cir. 1995). Pete Thompson was among the lawyers who represented an insurer that had issued a $1 million policy to a research institute affiliated with the University of Wyoming. After the insurer denied coverage for a commercial dispute involving an experimental coal refining process, the insured and the underlying plaintiffs entered into a consent judgment that purported to assess damages of $750 million against the insured, and then set out to pursue the insurer, on the basis of alleged “bad faith,” for the entire judgment amount. After obtaining summary judgment from the United States District Court for the District of Wyoming, Mr. Thompson presented oral argument on behalf of the insurer in the United States Court of Appeals for the Tenth Circuit, obtaining a unanimous affirmance of the lower court ruling. Perot v. Federal Election Commission, 97 F.3d 553 (D.C. Cir. 1996). In a case that was briefed, argued, and decided in the space of three days, Lew Loss represented the Commission on Presidential Debates in responding to an attempt by certain third-party candidates to enjoin the commencement of the 1996 presidential and vice-presidential debates. Ruling just two days before the first scheduled debate, the United States Court of Appeals for the District of Columbia Circuit affirmed a lower court ruling that had denied the plaintiffs’ request for injunctive relief, thus allowing the debates to go forward as scheduled. National Black Police Association v. District of Columbia Board of Elections and Ethics, 168 F.3d 525 (D.C. Cir. 1999). Tom Judge successfully represented civil rights plaintiffs on appeal of an award of attorneys' fees. The affirmance on appeal set precedent regarding the effect of subsequent mootness on a prevailing civil rights party's entitlement to an award of fees. Estate of Anthony Bombolis, et al. v. Continental Casualty Co., 740 So. 2d 1229 (Fla. Ct. App. 1999). Tom Judge successfully defended a professional liability insurer from claims arising out of an attorney's misappropriation of client funds. Summary judgment, affirmed on appeal, held that an insured attorney's guilty plea triggered the policy's dishonesty exclusion and resulted in a lack of coverage for the insured law firm as well as the guilty attorney. Tina Jackson, Representative of the Estate of Hattie Mae Smith v. Rodney Byrd (D.C. Super. Ct. 2004). Following a one week bench trial, Jeremy Simon obtained a damage award of $415,000 against a so-called "foreclosure specialist" for violations of the D.C. Consumer Protection Procedures Act in obtaining, through misrepresentations, title to the home of an elderly widow. In a subsequent order awarding attorneys' fees of approximately $200,000, the court referred to the case as "extremely complex" since the victim died before her testimony could be secured, necessitating that the case be proved through testimony of third parties and analysis of an extensive paper trail uncovered through third party discovery. Willis v. Vie Financial Group (E.D. Pa. 2004). Jeremy Simon obtained dismissal of a retaliatory discharge claim under the Sarbanes-Oxley Act for failure to exhaust administrative remedies. The plaintiff argued that the retaliatory discharge claim grew out of the original charge of discrimination filed with the applicable administrative agency, but the court held that, in the Sarbanes-Oxley context, each discrete act of alleged discrimination must be the subject of a separately filed administrative complaint. Aronson v. Powell, No. 03-C-97-005959 OT (Circuit Court for Baltimore County, Md. 1998). Tom Judge obtained summary judgment for a professional liability carrier where alleged wrongful acts against an insured attorney pre-dated the policy's retroactive coverage. Continental Casualty Co. v. Sheldon H. Braiterman, P.A., et al., No. CCB-97-828 (D. Md. 1997). Tom Judge represented an insurer in a rescission action against a lawyer and his firm. The court awarded summary judgment finding that the insured was aware of potential claims before the claims made policy incepted and that such information was material as a matter of law. Blackman v. Hebrew Home of Greater Washington, No. PJM96-1174 (D. Md. 1997). Tom Judge successfully defended a local nursing home against discrimination claims, prevailing on summary judgment. |
