David J.Bradford

Representative Cases Include:

• Lead trial counsel in a three-week jury trial in a US District Court in Kentucky that resulted in a $101 million verdict for our client, an S&P 500 healthcare real estate investment trust, against a competing S&P 500 publicly traded healthcare REIT. This nationally followed lawsuit arose out of our client’s acquisition of a $2 billion Canadian senior living REIT, and the verdict represents one of the largest awards for a tortious interference with business expectation case.
• Lead trial counsel in countersuit in Delaware against Lehman Brothers affiliates, which resulted in an award of approximately $200 million in disputed properties, millions of dollars in disputed distributions and approximately $1.2 million in legal fees to the client. The case, which required extensive discovery and numerous expert witnesses, was tried by agreement within 90 days of filing of complaint.
• Lead trial counsel in eight-week federal court jury trial in Michigan on behalf of a NYSE company, defending approximately $200 million claim based on termination of a merger agreement. Case settled during cross-examination of plaintiff’s key witness.
• Lead trial counsel at trial in successfully defending to verdict a NYSE company against a Berkshire-Hathaway company that had alleged unfair business practices. Awarded legal fees by the court.
• Lead trial counsel on behalf of NYSE REIT in successful federal constitutional challenge under the Federal Takings Clause to a municipal ordinance which imposed over a $100 million burden on property in California. Awarded $3.1 million in legal fees and costs.
• Lead trial counsel for a public company in pursuing $30 million of director and officer insurance coverage; established liability through summary judgment.
• Trial counsel for Equity Committee in challenging various plans of reorganization, in federal bankruptcy court hearings on valuation of business over a nine month period, which culminated in approximately $40 million distribution to equity holders.
• Lead trial counsel on behalf of a businessperson in a federal court jury trial in Minnesota for breach of oral agreement to purchase business. Case settled following cross-examination of opponent’s key witnesses.
• Lead counsel for banking and diversified financial services company, defending against federal securities fraud class action brought on behalf of clients who had purchased auction rate securities. Motion to dismiss granted with prejudice, and action dismissed in its entirety.
• Lead trial counsel for outside directors and officers in federal securities fraud class action suits in Delaware and Chicago; secured their dismissal.
• Lead trial counsel for OTC company charged with RICO and securities fraud class action claims in federal court in Texas and Wyoming.
• Lead counsel for NYSE company in pursuing RICO and related claims against former insurance representatives engaged in alleged kickback schemes.
• Successfully represented directors and officers of public company in defending claims in Delaware related to reorganization of company.
• Lead counsel for NYSE company in suing former auditors for failure to detect alleged embezzlement of corporate funds and in pursuing insurance coverage for directors and officers.
• Lead trial counsel for NYSE company in New York state court action related to rent valuation dispute involving hundreds of millions of dollars of value.
• Lead counsel for famous “shock jock” in defending multiple defamation suits brought by a former Chicago Bear player and by wife of famous radio personality.
• Lead counsel for best-selling author in securing preliminary injunction in federal court in New York against New York Consumer Protection Board’s sending letters to broadcasters discouraging them from accepting advertising for Mr. Trudeau’s books.
• Lead trial counsel for first death row prisoner in Illinois to file federal habeas corpus petition; obtained a new sentencing hearing and successfully represented the defendant at a new jury trial.
• Lead counsel for distinguished former federal judges in filing amicus brief before the United States Supreme Court, asserting the importance of the rule of law, in the landmark decision establishing federal court jurisdiction over detentions at Guantanamo Bay.
• Lead trial counsel for NYSE company in successful defense of RICO case in federal court in Indiana.
• Lead trial counsel in arbitration on behalf of food developer and won over $6 million in an arbitration award related to defective production of product.

Selected Published Opinions

• Ventas, Inc. v. HCP, Inc., Civil Action No. 3:07-238-H, 2009 WL 3855638 (W.D.Ky., Nov. 17, 2009)
• PAMI-LEMB I, Inc. v. EMB-NHC, L.L.C., Civil Action No. 259-N, Court of Chancery of Delaware, New Castle, 857 A.2d 998; 2004 Del. Ch. LEXIS 81, May 6, 2004.
• MHC Financing, Ltd. v. City of San Rafael, No. C-00-03785 VRW, 2008 WL 440282 (N.D. Cal., Jan. 29, 2008).
• Kevin Trudeau v. New York State Consumer Protection Board, 237 F.R.D. 325 (N.D.N.Y. 2006).
• Northern Trust Co. v. Morgan Stanley Secs. Servs., No. C 3370, No. 05 C 3373, United States District Court for the Northern District of Illinois, Eastern Division, 2006 U.S. Dist. LEXIS 11037, March 15, 2006.
• Equity Residential v. Kendall Risk Mgmt., No. 04 C 3812, U.S. District Court for the Northern District of Illinois, Eastern Division, 2005 U.S. Dist. LEXIS 17021, August 11, 2005.
• Alstrin v. St. Paul Mercury Ins. Co., 179 F. Supp. 2d 376 (2002).