Motive Power Inc. v. ABB Inc. Lead counsel in complex commercial arbitration conducted in June 2022 before a panel of AAA arbitrators in New York City. Represented international supplier of AC traction components incorporated into diesel locomotives utilized by Canadian transit agency. Defended all company witness depositions and presented key fact and expert witnesses at the arbitration.

Correct RX Pharmacy v. Cornerstone Automation Systems, No. 3:15-CV-3006-N, 2018 WL 10396249 (N.D. Tex. Apr. 16, 2018) Linda Woolf and Rick Barnes tried this fraud and negligent misrepresentation claim to a Texas federal jury for a Maryland institutional pharmacy wronged by a Texas supplier of automation software and equipment. After a two-week trial, the jury found the manufacturer liable for negligently misrepresenting its ability to provide a crucial automation system for the pharmacy’s operations, causing millions in out-of-pocket losses. A Fifth Circuit panel unanimously upheld the trial court, ultimately yielding a $3.7 million recovery; its published opinion held that the Texas economic-loss doctrine did not preclude the pharmacy’s recovery. 945 F.3d 423 (5th Cir. 2019)

Weinstat v. Dentsply International. Linda Woolf and Rick Barnes led the trial team that successfully defended dental device manufacturer in a three-week class action trial in San Francisco Superior Court. The plaintiffs had challenged the adequacy of warnings for Class II prescription medical device, alleging violations of the California Unfair Competition Law and breach of express warranty. After a full bench trial, the court found in defendant’s favor on all counts. The California Court of Appeal affirmed the victory in a published decision

Center City Periodontists, P.C. v. Dentsply International, Inc., --- F.R.D. ----, 2017 WL 3142119 (E.D. Pa. July 24, 2017) Linda Woolf was part of the Goodell DeVries team that, in 2017, successfully defeated a motion for class certification filed against the same dental device manufacturer in a decade-long class action in Pennsylvania federal court. The 36-page memorandum opinion, which followed six days of hearings on the motion to certify, denied class certification on a multitude of bases. The district court judge found that the plaintiffs failed to meet three of the four requirements under Rule 23(a): typicality, adequacy, and numerosity and Rule 23(b)(3)’s requirements that common questions of law or fact predominate over individual questions and that a class action is superior to other available methods for adjudicating the dispute. The court further agreed with Goodell’s argument that the proposed class and subclasses were not objectively ascertainable and granted the Daubert motions to exclude the plaintiffs' economic damages and FDA regulatory experts. In 2013, the team had obtained dismissal of claims for negligence and alleged violations of the New Jersey Consumer Fraud Act. That opinion, 2013 WL 3956284, is believed to be the first to hold that the NJCFA does not apply to the sale of prescription medical devices, which are not “merchandise” available to the public under the Act.

CATASTROPHIC LOSS LITIGATION
Represented major transportation software engineering company in consolidated lawsuits arising out of Washington Metropolitan Area Transit Authority collision on June 22, 2009 involving nine wrongful death and over 50 personal injury lawsuits.

Represented the thoroughbred racetrack operator in lawsuit to recover catastrophic business interruption loss resulting from electrical transformer fire.

Represented underground utilities contractor in lawsuit involving $26M property damage claim resulting from ruptured waterline.

Represented underground utilities contractor in $18M property damage claim involving the destruction of or damage to 16 residential properties resulting from explosion of underground natural gas line.

Represented underground utilities contractor in wrongful death lawsuit involving the death of two minors who were struck in a parked car by utility contractor’s dump truck.

CLASS ACTION AND COMMERCIAL AND BUSINESS TORT LITIGATION
Represents medical device manufacturer in class actions pending in various federal and state courts arising from sale and distribution of Class II medical device.

Represented major pharmaceutical company in federal court action seeking certification of nationwide class under consumer fraud statutes, obtaining order denying class certification.

Represented major pharmaceutical company in litigation arising from the divestiture of a wholly-owned medical device subsidiary.

Represented an international manufacturer in litigation arising from the divestiture of a worldwide battery business.

Represented national food producer in multidistrict litigation seeking certification of nationwide class of consumers involving allegedly false advertising claims.

Has represented national and local corporations at the trial and appellate levels in state and federal courts in matters involving the sale of corporate subsidiaries and businesses; alleged predatory lending practices and consumer fraud; federal and state antitrust violations; claims arising from non-competition agreements; and the misappropriation of technology and other contractual disputes.

Represented a surety in protracted litigation with the Resolution Trust Corporation arising from the failure of a savings and loan institution.

Represented the majority shareholders of two thoroughbred racing corporations in derivative lawsuits filed by minority shareholders, successfully retaining control of nationally known racetracks.

Has represented corporate directors and officers, trustees and other fiduciaries in various litigations, including claims for diversion of corporate opportunity, claims under ERISA for alleged breaches of fiduciary duty, and shareholder derivative claims. Defeated proposed class certification in two companion ERISA cases brought by retirees of not-for-profit health insurer seeking enforcement of former welfare benefit plan and damages for breach of fiduciary duty. Has represented a variety of businesses in complex business tort litigation. Defended a defense contractor against claims of defamation and tortious interference with economic relations arising from responses to FRP’s.

Represented hospitals, health insurers, and managed health care organizations and their officers and directors in various litigation involving billing disputes, alleged breach of physician participation agreements, credentialing disputes, and claims of defamation, tortious interference with economic relations, and other business torts.

INSURANCE LAW
Has represented insurers in various complex insurance coverage disputes, including:

The Humane Society of the United States, et al. v. National Union Fire Insurance Company of Pittsburgh, Pa. and Fund for Animals, Inc. v. National Union Fire Insurance Company, et al. Represented directors and officers insurer in related federal and state court actions for declaratory judgment and breach of contract brought by not-for-profit organizations to recover defense expense and settlement payment incurred in defense of RICO litigation against them. Acted as lead counsel in state and federal court actions. Obtained judgment in favor of directors and officers insurer after the close of evidence in state court trial. Obtained summary judgment in favor of insurer in federal court action.

Carroll Independent Fuel, LLC v. Zurich American Insurance Company. Represented insurer in coverage dispute arising from groundwater contamination. Lead counsel at trial, presented opening statement and closing argument, presented all company witnesses, and cross examined owner president of insured company and all fact and expert witnesses.

Industrial Enterprises, Inc. v. Penn America Insurance Company. Represented insurer in declaratory judgment action to determine insurer’s liability for expenses incurred by insured in CERCLA enforcement action. Acted as lead counsel throughout case and at trial. Liability of insurer determined as a matter of law prior to trial, which proceeded on damages. Obtained verdict limiting damages claim subject set-off. Liability ruling reversed on appeal.

Savings First Mortgage v. National Union Fire Insurance. Represented directors and officers insurer in coverage litigation arising out of claims against its insured asserted in a class action brought by 2,200 borrowers alleging illegal lending practices. In addition to litigating the coverage issues, negotiated a settlement of the underlying class action within agreed-upon coverage limits. Represented insurer throughout negotiation of Memorandum of Understanding, final Settlement Agreement, approval hearings, and administration of class settlement. Recovered reverter amount for the benefit of insurer.

Mayor & City Council of Baltimore v. Utica Mutual Ins. Co., et al. Represented primary and umbrella insurers in coverage litigation brought by municipality to recover damages allegedly incurred as a result of asbestos-containing building materials in public buildings. Obtained summary judgment in favor of insurers on basis of products risk exclusion which was affirmed on appeal in a case of first impression in Maryland.

CSX Transportation, Inc. v. Continental Ins. Co., Inc., 680 A.2d 1082 (Md. 1996). Represented national insurer in major declaratory judgment action concerning coverage for occupational noise-induced hearing loss claims brought by 30,000 former and present railroad workers, member of lead trial team for a group of 19 insurers, obtaining a jury verdict for the insurers which was affirmed by the Supreme Court of Maryland.

Nationwide Mutual Insurance Company v. Lafarge Corp., et al. Represented Travelers Indemnity Company in protracted coverage litigation arising from the premature deterioration of concrete railroad cross-ties throughout the northeast corridor, successfully defending claims of statutory and common law bad faith and obtaining a jury verdict which substantially reduced the policyholders’ claimed losses.Has represented international insurance carrier in federal and state court coverage litigation arising from asbestos bodily injury and asbestos property damage claims.

Has represented the same insurer in environmental coverage disputes involving alleged contamination of soil and groundwater as a result of petroleum-based compounds leaked from underground storage tanks. Successfully represented various insurers at the trial and appellate level in disputes involving coverage for lead poisoning injuries. Represented numerous insurers in disputes involving first and third-party coverages, intentional acts, personal injury and advertising injury claims.

EMPLOYMENT LITIGATION
Has defended national and local, private and public employers in employment-related claims in federal and state courts and at the administrative level. Has obtained numerous summary judgments in favor of private sector and government employers arising from claimed violations of federal and state employment statutes, including claims under Title VII of the Civil Rights Act for wrongful termination, disparate promotion and training opportunities, disparate disciplinary measures, and retaliation based on race, religion, sex and disability. Has defended claims asserted under the ADA, the FMLA, the Equal Pay Act of 1963, the ADEA, COBRA, the FLSA, and state wage and hour laws. Has represented businesses and their officers, directors, and management in cases involving claimed breaches of employment contracts and related business torts. Substantial experience in enforcing and challenging enforcement of restrictive covenants in employment agreements. Has negotiated separation and severance agreements on behalf of employers and employees.

ENVIRONMENTAL LITIGATION
Has represented a local government in a series of cases brought by a citizens’ group under the federal Clean Water Act and state statutes, alleging violations of the plant’s National Pollution Discharge Elimination System Permit and common law claims for nuisance, trespass, and violation of riparian rights arising from its operation of a waste water treatment plant.

Has represented insurers in coverage disputes involving alleged environmental contamination from the escape of pollutants from underground storage tanks, bodily injury allegedly resulting from exposure to secondhand tobacco smoke, and similar matters.

LOCAL GOVERNMENT AND MUNICIPAL LIABILITY
Substantial experience representing local governments in FLSA and other employment matters, environmental and land use litigation, challenges to rent control ordinances, and various constitutional claims. Has represented numerous counties, towns and other local governments in governmental liability cases, including claims for wrongful death and injuries arising from negligent design, maintenance or repair of roadways, sidewalks, administration of recreational programs, auto torts and negligent hiring. Has represented private sector parties, including contractors and product manufacturers named as co-defendants with municipalities in cases involving catastrophic property damage.

PRODUCT LIABILITY
Has represented product manufacturers and bulk suppliers in litigation involving injuries alleged to have been caused by unreasonably dangerous products, chemicals and components. Authored successful motions for summary judgment and briefs leading to the adoption of the sophisticated user/bulk suppliers defense in Maryland. Represents international supplier of medical products and devices in class action litigation asserting claims for violation of industry standards and state consumer protection statutes. Substantial experience in the defense of product liability claims, defending manufacturers of construction equipment, abrasive products, high pressure hoses, exterior building panels, construction materials and drug testing kits against claims of negligence, strict liability and breach of warranty.

Linda S. Woolf

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