Hal K. Litchford

Represented a major automobile insurance carrier in consolidated proceedings before the U.S. Court of Appeals for the Eleventh Circuit. In a unanimous panel opinion, the Eleventh Circuit upheld the District Court's dismissal of all antitrust claims for per se price-fixing and group boycott brought by body shop plaintiffs in one action while finding the Court lacked jurisdiction to decide the merits of two other actions where the body shops failed to timely file amended complaints, resulting in dismissals with prejudice converting to final judgments by operation of law on the same antitrust claims, which the body shops failed to timely appeal, divesting the Court of jurisdiction.

Defended a major automobile insurer in multiple antitrust actions alleging per se price-fixing, group boycott, and related state claims that were consolidated in an MDL proceeding. Complaints were dismissed on the pleadings by the District Court with prejudice.

Represented a major automobile insurance carrier in en banc proceedings before the U.S. Court of Appeals for the Eleventh Circuit. In an 8–1 opinion, the full court affirmed dismissals with prejudice of five bellwether antitrust complaints that alleged per se price-fixing and group boycott.

Successfully defended the finance company affiliated with a motor vehicle manufacturer against a dealer termination lawsuit in federal court that sought in excess of $30 million. After establishing that the dealer's damages were based on falsified financial statements, the District Court dismissed the case for egregious litigation misconduct. The Court also entered summary judgment against the former dealer in the alternative.

Defended a federal False Claim Act qui tam action alleging EB-5 program violations and successfully moved for a stay of discovery and dismissal of the complaint. The dismissal was with prejudice.

Obtained an order striking allegations, staying discovery, and ultimately dismissing a qui tam complaint brought by a whistleblower against a medical supply company for allegedly improper Medicare billing.

Secured an order dismissing a federal lawsuit with prejudice by a competitor against a national provider of ancillary airport services brought under the Sherman Act, Clayton Act, and Oregon state laws, alleging monopolization and collusion in restraint of trade.

Defended a motor vehicle manufacturer against claims alleging misappropriation of technology underlying OEM GPS units. After entry of summary judgment on all claims, the District Court awarded attorneys' fees incurred in defense of the case against opposing counsel pursuant to 28 U.S.C. §1127.

Defended a case to a satisfactory settlement against a motor vehicle manufacturer that was sued in federal court by a dealer seeking damages from alleged unfair allocations of new automobiles.

Successfully defended a manufacturer of a luxury line of automobiles in a case by a failed dealer alleging that the manufacturer misled and defrauded it regarding its market area and potential profitability.

Obtained a permanent injunction in federal court against a competitor of the client that designed a sophisticated scheme to prey on client's market recognition and goodwill for an important dietary supplement brand. Our client, an over-the-counter brand manufacturer, recently acquired several established health care brands. During due diligence, we identified the scheme and filed an action in U.S. District Court for trademark and trade dress infringement, as well as false labeling. To settle the lawsuit, the defendants agreed to a permanent injunction against infringement, abandoned all markets for the competing product, assigned any rights to their infringing marks to our client, and paid a confidential but substantial sum to cover our client's attorneys' fees.

Obtained an order from U.S. District Court dismissing an antitrust and tortious interference lawsuit with prejudice against a casualty insurance company. The plaintiffs were two local contractors who, when their business from the defendant insurers decreased after they declined to join the insurers' preferred list of disaster recovery companies, claimed that the insurers illegally steered their policy-holders to their preferred contractors.

Obtained an early dismissal of antitrust claim and summary judgment on remaining claims on behalf of a major automobile manufacturer in a lawsuit in U.S. District Court in which a vendor of specialized software for use by automotive dealerships sought eight-figure damages as a result of its decertification by the manufacturer.

Secured a dismissal on the pleadings of a class action in U.S. District Court that alleged claims under the Florida Security of Communications Act against a major automobile manufacturer based on use of "session replay" software in its website.

Successfully represented a motorcycle manufacturer in administrative protest proceedings in which two competing dealerships sought to prohibit the establishment of a new dealership.

Represented a DMEPOS supplier in a lawsuit against its main competitor in the Southern District of Florida. After excluding all of the opposing party's experts on Daubert motions, the Court granted client's motion for partial summary judgment on liability on all its claims, including those based on violations of the Anti-Kickback Statute, and summary judgment against the competitor on all but one limited cause of action of its counterclaim. Case subsequently settled.