Kimberly A.Brown (Kim)

Experience

Indivior resolves "product hop" allegations in antitrust class actionJones Day resolved multidistrict litigation brought against Indivior, Inc. Indivior manufactures the prescription drug, Suboxone, which is used to treat opioid addiction.

Natural gas producer defends against ground water contamination claimsJones Day defended a natural gas company producer in an appeal before the Pennsylvania Environmental Hearing Board of an agency order requiring extensive well remediation and investigation work based on claims that methane gas migrated from a well pad and contaminated ground water and the private water supplies of 12 rural landowners.

UPMC prevails in trial before Commonwealth Court of PennsylvaniaJones Day won a bench trial on behalf of the University of Pittsburgh Medical Center ("UPMC"), one of the nation's preeminent integrated healthcare systems.

Natural gas provider defends against air and water contamination claims in state courtJones Day defended a natural gas production company against state court claims of air and water contamination by multiple rural landowners and their families seeking punitive, personal injury, and property damages allegedly resulting from natural gas operations.

Dow AgroSciences defeats golf course pesticide exposure claims following Frye challenge to causation expertsJones Day client Dow AgroSciences LLC prevailed in a multi-defendant golf course pesticide exposure lawsuit following a successful Frye challenge that excluded plaintiff's medical causation experts who claimed that the decedent's acute myelogenous leukemia ("AML") was caused by exposure to various pesticides used on the golf courses he worked on over his nearly 40-year career.

UPMC arbitrates rate increase and resolves dispute over continuity of care servicesJones Day represented the University of Pittsburgh Medical Center (UPMC) in two last-best-offer, baseball-style arbitrations with Blue Cross Blue Shield health insurer Highmark Inc.

Com-Net Critical Communications, Inc. former shareholders win non-jury verdict in lawsuit over final purchase paymentIn a post-closing adjustment dispute involving the design and construction of Florida's statewide first-responder radio communications system, Jones Day obtained a verdict of $125,751,232.88 plus costs for the representative of Com-Net Critical Communications' former shareholders against defendants Tyco Electronics Corporation, Inc., M/A-COM Tech Holdings, Inc., and M/A-Com, Inc.

WESCO defends claim arising out of construction of high speed military boats for the Norwegian Royal NavyJones Day was retained by WESCO Distribution, Inc. to investigate a $62 million claim for alleged project delays and extra costs related to the construction of six high speed military boats for the Royal Navy of Norway.

Wire and cable manufacturer obtains early dismissal of personal injury actionA wire and cable manufacturer represented by Jones Day obtained early dismissal of a personal injury action alleging plaintiff's asbestosis was caused by exposure to asbestos-containing products.

Wire and cable manufacturer obtains early dismissal of wrongful death actionA wire and cable manufacturer represented by Jones Day obtained early dismissal of a wrongful death action seeking damages for lung cancer allegedly caused by decedent's exposure to asbestos-containing products.

The following represents experience prior to joining Jones Day.

Product Liability/Toxic Tort Litigation

Obtained dismissal for chemical manufacturer following Daubert hearing challenging plaintiffs' expert testimony in chemical exposure case alleging non-Hodgkin's lymphoma.

Acted as Northeast regional coordinating counsel and Pennsylvania counsel for breast implant manufacturer. Oversaw local counsel's discovery and trial preparation, evaluated and settled hundreds of cases in more than 10 states, responsible for management of more than 300 Pennsylvania state and federal court breast implant cases, and appointed manufacturers' liaison counsel in breast implant litigation by the U.S. District Court for the Eastern District of Pennsylvania.

Counsel for turbine, compressor, and motor manufacturer in numerous state, federal, and MDL toxic tort actions.

Represented catheter manufacturer in defense of double amputation infant death case.

Western Pennsylvania counsel for asbestos wire and cable manufacturer. Responsible for dismissal without settlement payment of more than 500 state court product liability and negligence actions against client.

Represented chrysotile asbestos supplier in toxic tort actions filed in Western Pennsylvania.

Obtained dismissal of orthodontic device manufacturer in strict liability and breach of warranties action in case claiming cancer caused by orthodontic wire.

Defended a medical oxygen regulator company in a strict liability, negligence, and breach of warranties action filed in state court by a severely burned hospital employee.

Represented a fetal heart monitor manufacturer in a product liability action claiming damage to infant caused by a defective monitor.

Commercial and Insurance Litigation

Represented instrumentation and communications company in multimillion dollar breach of contract action arising out of a spin-off.

Represented Fortune 100 companies in the defense of a lawsuit asserting claims of bid-rigging, conspiracy, fraud, bad faith, breach of contract, and breach of fiduciary duty in connection with the sale of a professional health care liability insurance.

Represented a product return and logistical services company in a conversion action.

Defended financial services companies in actions alleging breach of fiduciary duties, breach of contract, and ERISA violations.

Represented a Fortune 200 company in a federal court trial involving multimillion dollar breach of contract claims and defamation claim against a corporate officer.

Represented two companies in the defense of more than 300 insurance sales practice cases in the Western Pennsylvania state and federal courts that alleged claims of negligence, fraud, breach of fiduciary duty, bad faith, and violations of the Unfair Trade Practices and Consumer Protection Act. Responsible for case management and strategy, discovery, settlement, and trial.

Represented and obtained summary judgment for a steel company in a $150 million complex breach of contract and warranties action in federal court.

Defended a national construction company in a negligence action alleging breach of contract that resulted in an amputation injury.

Represented home owners in a breach of contract and consumer protection law case against a home inspector.

Represented tobacco wholesale companies in a class action antitrust lawsuit against major tobacco companies that alleged that the Master Settlement Agreement violates federal antitrust laws.

Represented a tank manufacturer and an engineering firm in separate breach of contract and breach of warranties actions involving claims of defective storage and chemical tanks.

Obtained jury verdict in excess of $300,000 for a law firm in breach of contract action with dismissal of malpractice counterclaims prior to trial.

Defended municipal authority before federal district court and Third Circuit in Section 1983 and Pennsylvania Whistleblower Act retaliation action involving the mayor of Pittsburgh.

Obtained summary judgment in favor of a multimillion dollar landfill and refuse company plaintiff in Section 1983 action.

Represented municipal authority before federal district court and the Third Circuit in a lawsuit involving complex and first impression equal protection, due process, and constitutional claims filed by unsuccessful contract bidder.

Represented a doll manufacturer and designer in a federal court contempt proceeding involving trademark issues and breach of noncompetition agreement.