Representative Cases

Goldman Ismail represents some of the world’s preeminent Fortune Global 500 corporations.

Below are several highlights of recent or ongoing matters:

Mirena Product Liability Litigation

Goldman Ismail represents Bayer HealthCare Pharmaceuticals Inc. in litigation concerning Mirena®, an intrauterine device.  The firm is lead national counsel, trial counsel, coordinating counsel, and head of the science and expert team in the litigation. Over 3300 cases are pending in a multi-district litigation (MDL) proceeding based in the Southern District of New York, New Jersey Multi-County Litigation, and many other state courts around the country.

Fosamax Product Liability Litigation

Goldman Ismail serves as trial counsel and a member of the science and expert team in products liability litigation arising out of Merck’s osteoporosis medication, Fosamax®.  In that litigation, plaintiffs contend that they suffered osteonecrosis of the jaw (“ONJ”) or atypical fractures of their femurs ("AFF") as a result of their use of Fosamax®.  Goldman Ismail is representing Merck in several cases, including bellwether trials in the federal MDL in New York and state court cases in Florida, New Jersey, Illinois and California.  Andy Goldman served as co-trial counsel in Secrest v. Merck & Co., a bellwether ONJ case in the MDL litigation.  After a three-week trial, the jury returned a complete defense verdict for Merck.  Tarek Ismail was lead trial counsel in the first AFF case to be tried in state court in California.  The jury returned a verdict for Merck on all claims after five weeks of testimony.

In Re Prescription Drug Co-Pay Subsidy Litigation

Goldman Ismail represented Merck & Co. Inc. as trial counsel in a putative class action brought by health benefit providers in New Jersey federal court relating to alleged co-pay subsidy programs.  In its rulings on two motions to dismiss, the Court dismissed the bulk of plaintiffs’ claims against Merck, including all of the antitrust and civil RICO claims.  On the only remaining claims, which alleged tortious interference with contract under state law, Goldman Ismail uncovered new evidence which directly contradicted plaintiffs' allegations in the complaint.  Prior to the first pretrial conference, Merck filed a dispositive motion based on the newly discovered evidence and plaintiffs agreed to voluntarily dismiss all claims in the action with prejudice.  

Alltech Associates, Inc. v. Teledyne Isco, Inc.

Teledyne Technologies, Inc. retained Goldman Ismail as lead counsel in a patent infringement case brought by Alltech Associates, a subsidiary of W.R. Grace & Co., in federal court in the District of Delaware.  Alltech alleged that Teledyne’s manufacture and sale of chromatography instruments infringed four of Alltech’s patents.  After Alltech filed suit, Teledyne responded with a patent infringement counterclaim of its own, asserting that Alltech’s manufacture and sale of chromatography instruments infringed two of Teledyne’s patents.  After extensive briefing and a lengthy Markman hearing in July 2014, the Court ruled in favor of Teledyne decisively and adopted all of Teledyne’s proposed constructions for the Alltech patents.  Earlier this year, the parties reached a confidential settlement on very favorable terms to Teledyne.

CEATS, Inc. v. Continental Airlines, Inc. et. al. (E.D. TX)

Won summary judgment of non-infringement on behalf of defendant Tickets.com in a patent infringement suit before Judge Leonard Davis. Plaintiff CEATS sued over 30 defendants relating to online ticketing patents.  Tickets.com was the only defendant to win summary judgment of non-infringement.

Servcor International, Inc. v. Bayer MaterialScience LLC et al.

Goldman Ismail was retained to defend Bayer MaterialScience LLC and to serve as trial counsel in a multi-party commercial dispute pending in state court in Florida. Plaintiff sought damages in excess of $100,000,000 following dissolution of the parties' business relationship in the commercial roofing market. Among other tort and contract claims, the Complaint alleged breach of contract, breach of fiduciary duty, negligence, fraud, and conspiracy claims.  After Bayer prevailed on two motions to dismiss, the plaintiff voluntarily dismissed all claims with prejudice.

Vioxx Attorney General Litigation

Merck Sharp & Dohme Corp. has hired Goldman Ismail to represent the company against claims brought by various state Attorneys General over Merck's COX-2 inhibitor drug, Vioxx®. Goldman Ismail's attorneys serve as co-national counsel, trial counsel, and expert witness counsel in these matters. In the first of these cases to go to trial, State of Louisiana v. Merck Sharp & Dohme Corp., Goldman Ismail was lead trial counsel. The matter was tried in the Eastern District of Louisiana in April 2010 and, after a two-week bench trial, resulted in a complete defense verdict for Merck.

Expert Team for Vioxx Matters

Goldman Ismail continues to serve the role of co-lead counsel for the expert team in Vioxx® matters that are continuing. Goldman Ismail regularly identifies and develops experts in various disciplines who testify during trials in these matters.

In Re Magnevist Product Liability Litigation

Goldman Ismail currently is serving as national counsel and lead trial counsel representing Bayer HealthCare Pharmaceuticals Inc. in product liability litigation involving its product, Magnevist®, a contrast dye used in magnetic resonance imaging. Goldman Ismail is lead counsel for Bayer in the MDL, pending in the Northern District of Ohio, and in state court venues nationwide. Bayer also selected Goldman Ismail to serve as trial counsel in Gerber v. Bayer HealthCare Pharmaceuticals Inc. This was to be the first gadolinium product liability trial in the country. Shortly before trial, however, the matter settled favorably for our client. In both cases, Goldman Ismail directed the theory of the case and strategy, expert witness development, depositions, and resolution efforts.