In the area of complex commercial litigation, Ed Ruberry has
obtained over $300 million in verdicts and settlements in cases
involving numerous areas of law, including: antitrust;
securities; breach of fiduciary duty; business fraud; breach of
contract; insurance coverage; bad faith; and professional
liability, including the defense of attorneys, brokers, managing
general agents, architects, engineers, and bankers. Ed has also
litigated numerous complex insurance coverage disputes and bad
faith actions throughout the country.
In addition, Ed has represented clients in some of the largest
commercial lawsuits throughout the country, including: the
Corrugated Container Antitrust Litigation; the Uranium Cartel
Antitrust Litigation; the Folding Carton Antitrust Litigation; the
Fine Paper Antitrust Litigation; and the Liquid Gas Antitrust
Litigation.
Ed represented the officers and directors of Continental Bank in
the Continental Bank Securities Litigation, which involved the
demise of Penn Square Bank and the massive EPS securities
litigation. He also was one of the lead lawyers for the
insurance industry in the tobacco litigation brought by States
Attorneys General, as well as in litigation against the
manufacturers of breast implants.
He has tried scores of cases in such diverse jurisdictions as
Houston, Texas; Palestine, Texas; Dallas, Texas; Decatur, Alabama;
New Orleans, Louisiana; Jacksonville, Florida; Tampa, Florida; Des
Moines, Iowa; Denver, Colorado; New York, New York; and Chicago,
Illinois. The following is a list of just a sample of the
noteworthy matters Ed has tried to verdict or in which he has
obtained multi-million dollar settlements:
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TIG v. Phelps Dunbar (Tampa, Florida) - Ed obtained a
$6.2 million award in an arbitration proceeding on behalf of his
client. The suit involved a legal malpractice action against
defense counsel for its failure to adequately defend the insured in
the underlying action.
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Breach of Contract Litigation (Federal Court) - Ed obtained a
$31 million settlement in an action brought by his client against
an insurance company for breach of contract, breach of warranty,
and business fraud arising out of a complex commercial
transaction.
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Breach of Fiduciary Duty Arbitration - Ed obtained a $25 million
settlement in an action that an insurance carrier brought against a
managing general agent for breach of contract and breach of
fiduciary duties.
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Antitrust Litigation (U.S. District Court, Chicago, Illinois) -
Ed obtained a $21.5 Million settlement as an "opt out" plaintiff in
the folding carton antitrust case in the Northern District of
Illinois. The entire class, consisting of thousands of plaintiffs,
obtained only a $190 million settlement.
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Legal Malpractice Litigation (Tampa, Florida) - Ed obtained $14
million in settlements from two law firms on behalf of his client,
who had brought claims of legal malpractice.
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Securities Litigation (Chicago, Illinois) - Ed obtained a
$15 million settlement in an action for securities fraud against a
national brokerage firm and for malpractice against a national
accounting firm.
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Hedge Fund Litigation (New York, New York) - Ed obtained over $3
million in settlements on behalf of a hedge fund against a proxy
solicitation firm and a law firm for breach of their professional
duties.
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Directors and Officers Litigation (Chicago, Illinois) - Ed
obtained over $2 million in settlements on behalf of directors and
officers against a national insurance company in a bad faith
lawsuit.
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Fee Dispute Litigation (Chicago, Illinois) - Ed obtained a $2.8
million verdict on behalf of a law firm against its client on a fee
dispute case.
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International Insurance Co. v. Employer's Casualty
(U.S. District Court, Huntsville, Alabama) - Ed tried a case on
behalf of an excess carrier against a primary carrier for failure
to settle within policy limits. After a one-month trial, the jury
returned a verdict in favor of Ed's client for $900,000, the
maximum amount that could have been awarded under the contract.
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Will v. Comprehensive Accounting (U.S. District Court,
Chicago, Illinois) - After a lengthy trial, the jury returned a
multi-million dollar verdict in favor of numerous franchises in a
case involving claims of group boycott, tie-in, and breach of
contract.
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Sargent & Lundy v. ISLIC (Chicago, Illinois) - Ed
represented a Crum & Forster entity in the longest insurance
coverage trial in the history of Cook County. The case involved
nuclear power plants in Ohio, Kentucky, and Illinois, and required
161 days of trial over five years. The plaintiff sought over $100
million in damages. The case is under a protective order.
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Wells Fargo v. Zurich (New York, New York) - Ed tried
an environmental coverage case to verdict wherein he represented
Kemper regarding an environmental policy purchased as additional
security on a loan tied to a number of Florida gas stations. The
plaintiffs claimed damages of $15 million. Ed obtained a verdict of
zero damages, and the verdict was affirmed on appeal.
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Johnson v. City of New Orleans (New Orleans, Louisiana)
- Ed defended a class action brought against the City of New
Orleans by the residents of the Agricultural Landfill Project. The
plaintiffs sought tens of millions of dollars for property damage
and bodily injury and alleged that their exposure to environmental
conditions at the site caused these catastrophic losses. After a
lengthy trial on class certification, Ed obtained a favorable
settlement.
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CSX Transportation v. Admiral (Jacksonville, Florida) -
Ed defended his client in a coverage suit against a number of
carriers to recover tens of millions of dollars the plaintiffs had
expended to remediate environmental problems at numerous railroad
yards throughout the country, and to obtain reimbursement for
settlement in a number of cases involving exposure to chemicals and
other toxic materials. After a month-long trial, Ed's client was
found to have no liability.
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Continental Western Insurance Co. v. Foxfire Townhomes
Owners Association Inc. (Polk County, Iowa) - Ed obtained a
favorable verdict following a lengthy trial. The court held that
liability insurance did not provide coverage for repair and
replacement costs associated with allegedly defective roof work
claims. The court held that defective construction work alone does
not constitute an "occurrence" causing "property damage" under Ed's
client's CGL policy. The Iowa Court of Appeals affirmed, and
further review was denied.
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Goodman v. Otis (U.S. District Court, Denver, Colorado)
- Ed obtained a defense verdict on behalf of his client in a breach
of contract suit in which the plaintiff sought millions of dollars
in damages. Ed then obtained a multi-million dollar verdict for his
client on its counterclaim based on breach of contract and
malicious prosecution.
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Kemper v. Broadspire (Chicago, Illinois) - Ed obtained
a $500,000 verdict in favor of an insurance company in a suit for
breach of contract and professional negligence against its managing
general agent. The verdict was for the maximum amount that could
have been awarded under the contract.