Top Verdicts of 2010 Announced:May 31, 2011 – In The News
A winning team of Fox Rothschild litigators from Pittsburgh and Princeton who secured a $12 million verdict have been lauded for their victory in the annual list of Top Verdicts as reported by VerdictSearch. The list appeared in the The Legal Intelligencer.
John R. Gotaskie, Jr., Matthew S. Payne , Amy Kerr Parker and Christopher R. Kinkade secured the verdict on behalf of ADA-ES, Inc., a Colorado-based air pollution emission solutions firm, in a dispute with Calgon Carbon Corporation. The seven-day trial, conducted before the U.S. District Court for the Western District of Pennsylvania, presented a number of challenges, not the least of which was a strict limit of 17 hours of presentation time before the jury imposed by U.S. District Judge Gary L. Lancaster on attorneys in both sides of the dispute.
The jury sided with ADA-ES in the breach of contract suit, deciding that Calgon had breached its contract with ADA-ES by failing to pay commissions on sales of powdered activated carbon to Midwest Generation, an independent electric power producer. The carbon is one of the key components of a newly emerging process for removing mercury from the emissions at coal energy plants.
In its verdict, the jury stated that Calgon should pay $3 million in past due commissions and a lump sum of $9 million in future commissions. The jury rejected Calgon's argument that any future commission award should be on a pay-as-you-go basis, deciding only whether a percentage should be paid as a commission but not how much would be paid over the course of the $55 million contract.