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Hogan Lovells Wins Appeal in Delaware Supreme Court for Client M&G Polymers USA LLC

23 November 2010

WASHINGTON, D.C., 23 November 2010 - On 18 November Hogan Lovells US LLP's appellate team won a significant victory for client M&G Polymers USA LLC which upheld the Delaware Superior Court's decision to award the company $15.5 million in damages against Carestream Health, Inc. M&G, which manufactures packaging, film and specialty barrier PET polymers, claimed breach of contract stemming from Carestream’s repudiation of a supply contract which obligated Carestream to buy from M&G nearly all of its requirements for polyethylene terephthalate (PET) resin used at Carestream’s Windsor, CO plant to make film for medical diagnostic purposes, such as x-ray film for mammographies.

The Delaware Supreme Court's single-paragraph decision also upholds the trial court's post-trial grant of M&G's motion to assess sanctions totaling $850,000 against Carestream for its litigation conduct. In upholding these decisions, the Delaware Supreme Court cited the trial court's 191-page opinion on post-trial motions. The decision was reached after a three-week trial.

"[T]he quality of the advocacy provided by Hogan [Lovells] attorneys was indicative of the number of hours they expended, and their hourly rates are commensurate with the extremely high value of their services," concluded the Superior Court decision upon which the Delaware Supreme Court relied. "Each attorney involved in this litigation had an extensive command of the facts, and each demonstrated impeccable preparation for trial. The cost of this quality of representation is not insignificant, nor should it be."

The appeal was briefed by the Hogan Lovells Washington, D.C. team of Steve Hollman, Chris Handman, Robert Wolinsky and Rebecca Mandel, with assistance from Mike Kass, Laura Schabinger, Elizabeth Jose and senior legal assistant Connie Stoskopf. It was argued by Steve Hollman. The trial was conducted by Steve Hollman, Robert Wolinsky, and Rebecca Mandel, assisted by Adam Levin, Mike Kass, Elizabeth King and senior legal assistant Connie Stoskopf, together with Steven Margolin and Andy Cordo of the Ashby & Geddes law firm.

 
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