John Q. Lewis

class action defense litigation

• Multiple Academic Institutions – Student-Athlete Class Actions. Lead trial and coordinating counsel in multiple federal class action lawsuits filed and pending in multidistrict litigation proceeding asserting that student-athletes suffered harm from sport-related concussion injuries.
• International Consumer Product Distributor – Consumer Class Action. Hired as trial counsel after federal court certified multi-state class for trial in case involving allegedly defective pressure cookers. After obtaining several favorable pretrial rulings and after one day of trial including cross examination of plaintiffs’ key expert, parties negotiated client-friendly court-approved nationwide settlement involving all pressure cooker brands. Successfully defended challenge by U.S. Department of Justice and several state attorneys general that settlement was unfair to the class members. Court of appeals affirmed final approval order, finding that “by the end of the first day of trial, things were not going well for plaintiffs” and “it was not obvious that a defect existed or that the defect . . . made the pressure cookers worthless.”
• International Pre-Moistened Wipe Manufacturer – Consumer Class Actions. Lead trial and coordinating counsel in multiple federal class action lawsuits brought by individuals and municipalities against several flushable wipe manufacturers and distributors. Obtained multiple, pre-certification partial and complete dismissals and, in another case, after undercutting plaintiff’s classwide damage theory, negotiated favorable court-approved settlement saving client millions in litigation expenses as compared to co-defendants represented by other law firms.
• Law Firm – Investor Class Action. Lead trial counsel in federal court class action seeking to hold law firm liable under various theories for failed investments in oil and gas industry. Obtained complete dismissal of all claims pre-certification and thereafter negotiated favorable court-approved settlement with no objectors barring any future potential claims.
• International Cosmetic Wipes Distributor – Consumer Class Action. Lead trial counsel in federal court class action involving challenge to product labeling. Obtained complete merits dismissal of all claims prior to class certification.
• International Consumer Product Manufacturer – Consumer Class Action. Lead trial counsel in class action brought by individual related to “natural” claims. Obtained nuisance resolution prior to protracted litigation.
• National Food and Animal Product Manufacturer – Consumer Class Action. Lead trial counsel in federal court class action related to animal product brought by individual. After taking deposition of plaintiff and key expert, obtained summary judgment on all claims in the complaint. Affirmed on appeal.
• Ohio Public Company – Shareholder Class Action. Lead counsel defending company and board members in transaction-related shareholder federal class action lawsuit brought by national shareholder plaintiff firm. Defeated claims for injunctive relief and obtained complete dismissal of lawsuit, preserving closing date without delay or extension. Court decision ruled favorably for client in case of first impression relating to so-called “don’t ask, don’t waive” provisions in purchase agreement.
• International Heating and Air-Conditioning Unit Manufacturer – Consumer Class Action. Lead counsel in federal court consumer class action involving air-conditioning unit design. Obtained complete dismissal of lawsuit prior to discovery and class certification.
• Ohio-Based Public Company – Shareholder Class Action. Co-lead counsel defending company against fiduciary duty class action claims brought against directors in connection with unsolicited proposal by third party. Obtained complete dismissal of lawsuit.
• International Auto Manufacturer – Employment Class Actions. Lead or co-lead regional counsel in series of class action employment and discrimination lawsuits, obtaining seven pre-trial wins (with no defeats), including Sixth Circuit precedent-setting decisions relating to reverse discrimination claims.
• International Tire Manufacturer – Consumer Class Actions. Key member of team defending hundreds of consumer class actions involving alleged tire failures and SUV rollover accidents.

commercial asset recovery and plaintiff-side litigation

• International Steel Supplier. Lead trial counsel pursuing claims for breach of contract in dispute with scrap supplier under incentive-based alternative fee arrangement. After one-week trial, obtained complete jury verdict for entire amount requested ($1M+), plus interest, after less than two hours of deliberation. Verdict affirmed on appeal.
• International Auto Parts Supplier. Lead trial counsel asserting breach of contract and seeking specific performance under ESOP-related purchase agreements against private shareholders and asserting legal malpractice claims against former attorneys under incentive-based alternative fee arrangement. After negotiating successful resolution of shareholder claims, obtained favorable settlement on eve of trial for entire amount demanded in malpractice action.
• Private Equity Firm. Lead counsel in multiple post-transaction disputes under Delaware law involving commercial fraud, breach of contract, and rights to post-closing escrow funds. Recovered multiple millions of dollars in pre-trial settlements for each matter utilizing incentive-based alternative fee arrangements.
• International Pharmaceutical Manufacturer. Co-lead counsel in Delaware Chancery Court case involving contract reformation and breach of joint venture agreement. After personally taking pretrial deposition of opposing executive, obtained favorable resolution for entire amount claimed in complaint on eve of trial.
• Electricity Storage Manufacturer. Lead counsel in dispute with municipality over battery supply contract. After taking deposition of key municipal former employee, favorably resolved claims for client prior to trial.
• National Outdoor Product Manufacturer. Lead counsel in trade secret theft and non-compete lawsuit involving initially unknown former employee. After filing complaint and conducting third-party electronic discovery, determined identity of former employee and obtained agreed permanent injunction and payment of all expenses and fees by defendant.
• International Precision Photonic and Motion Control Manufacturer. Lead trial counsel in Delaware Chancery Court case filed on behalf of client/purchaser of technology company. After defeating defendant’s motion to dismiss, obtained favorable settlement on behalf of plaintiff/client for entire amount claimed in complaint.
• Shareholder of Ohio Private Company. Lead trial counsel in corporate dissolution proceedings on behalf of 50% shareholder in deadlock with co-owner. After bench trial, obtained all relief requested in complaint and secured sale of company, preserving significant asset valuation for client.

business and tort litigation defense

• International Pharmaceutical Manufacturer – Type 2 Diabetes Medicine. Lead trial and national coordinating counsel in pharmaceutical litigation filed in state and federal courts throughout United States. Obtained partial or complete dismissal in several individual cases without defeat, including cutting-edge decisions in areas of personal jurisdiction and preemption in multiple jurisdictions. Successfully removed over 100 actions from Philadelphia state court (and eventually transferred to MDL) using novel “mass action removal” strategy. Oversaw successful multi-year management of MDL proceedings.
• International Medical Device Manufacturer – Transvaginal Mesh. Lead trial counsel and national coordinating counsel in state and federal coordinated MDL proceedings. First-chair trial counsel in two defense verdicts (Oakland, California and Columbus, Georgia). Obtained dismissal of medical monitoring class action and over 60 complete summary judgment decisions, and achieved over 200 “no pay” voluntary dismissals. Oversaw successful multi-year management and eventual shutdown of MDL.
• Communications Infrastructure Firms – Joint Defense. Lead trial counsel in multiple state and federal court disputes with landowners concerning communications infrastructure equipment and land leases. Obtained summary judgment and favorable lease language interpretation in two matters, including one in which the court awarded attorney fees.
• National Hydrocarbon Exploration Company. Lead trial counsel defending claims by state environmental agency that land activities violated terms of grant. Obtained summary judgment and complete dismissal of all claims prior to trial.
• International Pharmaceutical Manufacturer – Anticoagulant Therapy. Lead or co-lead trial counsel in multiple actions in federal courts and state coordinated proceedings.
• Delaware-Based Technology Company. Lead trial counsel in multimillion-dollar business dispute in Delaware federal court. After one-week trial, jury deliberated two hours and found in favor of client on all claims asserted by plaintiffs, including breach of contract, breach of fiduciary duty and promissory estoppel claims, and found in favor of client on counterclaim for misappropriation of trade secrets.
• International Pharmaceutical and Medical Device Manufacturer – Orthopedic Devices. Trial counsel and member of two national coordinating teams defending manufacturer of metal hip implant system in state and federal coordinated multidistrict litigation with cross-border parallel litigation. Involved in all aspects of litigation, including fact and expert witness work and regulatory and trial strategy.
• International Engine Manufacturer. Lead counsel in obtaining dismissal of $40-million claim alleging breach of contract, breach of express and implied warranties, fraud, and negligent misrepresentation with respect to sale of allegedly defective engines to OEM.
• International Medical Device Manufacturer – Aesthetic Medical Device. Lead trial counsel and international coordinating counsel for over 15 years in individual and class action proceedings throughout the world. Lead trial counsel in two defense verdicts (Punta Gorda, Florida and Tupelo, Mississippi). Obtained dismissal or summary judgment in over 20 different matters throughout the country, including in individual plaintiff lawsuits, commercial contract disputes, and unfair trade practices claims. Lead or co-lead appellate counsel in multiple affirmances in state and federal circuit courts.
• International Pharmaceutical Manufacturer. Summary judgment granted for pharmaceutical manufacturer in case alleging defective warnings (N.D. Ohio).
• Ohio-Based Public Company. Regional coordinating counsel representing major paint supplier in several toxic tort-based municipal public nuisance lawsuits throughout Ohio. All cases dismissed.
• International Engine Manufacturer. Lead regional counsel in individual warranty and commercial litigation matters, obtaining pre-trial dismissal in a half dozen cases and acting as lead counsel in international arbitration (Paris, France) involving marine engines, achieving enforcement of repair/replacement warranty and avoiding multimillion-dollar claim for lost profits and economic losses.
• Ohio-Based Cosmetic Supplier. Lead counsel in obtaining summary judgment for client in alleged breach of distribution agreement brought by supplier (W.D. Michigan).