In re Colonial BancGroup, Inc. v. Branch Bank & Trust Company, 2:11 cv-00824, in the M. D. of Ala.
Defense of BB&T in lawsuit filed against it by The Colonial BancGroup, Inc., a chapter 11 debtor, seeking to claw-back $300 million in assets of its former subsidiary, the Colonial Bank, which assets BB&T acquired from the FDIC-Receiver after Colonial Bank failed. BB&T also asserts a third-party claim against the FDIC for indemnification of the plaintiff’s claims. The pending case presents the novel issue of whether a bankrupt bank holding company can claw back assets of its failed bank subsidiary from assuming bank that acquires the assets from the FDIC-Receiver.
Reglan/Metoclopramide Litigation for Pfizer Inc. (National Team)
The firm serves on the national counsel team for Pfizer Inc in litigation over Reglan/Metoclopramide, which involves approximately 6,300 plaintiffs in various cases in venues across the country. There is no MDL, but there are coordinated proceedings in PA, CA, and NJ, and several single-plaintiff and mass-plaintiff actions pending in state and federal courts in other jurisdictions. In 2011, our firm had two key roles on the national team and will continue to serve as lead national counsel for legal strategy going forward. In 2011, Phil Butler of our firm had primary responsibility for identifying and working up experts (neurology, neuropharmacology, gastroenterology, epidemiology, neuro-ophthalmology, and regulatory) and deposing key treating physicians in cases nationwide. Also in 2011, and on a continuing basis, Kevin Newsom, is head of the national legal strategy team, with primary responsibility for setting legal strategy and drafting/coordinating all dispositive, Daubert/Frye, and pre-trial briefing in Reglan cases nationwide. In 2011 through present, Russ Morgan has served as lead counsel for seven Reglan cases filed by over 25 plaintiffs in United States District Court for the Western District of Tennessee.