Trial List
(2003-2008) Washington, D.C. Office (202) 282-5741 gcoffee@winston.com
Gordon A. Coffee
In re Episcopal Church Litigation Served as lead trial counsel for a multi-firm team representing former Episcopal congregations in Virginia in a battle with the Episcopal Church over property with an estimated worth of more than $40 million. Successfully led the team through two bench trials, with the trial court issuing a series of decisions affirming the right of the congregations to leave the Episcopal Church while retaining their property. Midwestern Energy Company Led defense of a Midwestern utility against a claim that it was contractually obligated under a power purchase agreement to provide customers with capacity credits worth more than $30 million. After a hearing and several briefs, an arbitration panel ruled in favor of the utility on all major issues. Tennessee Gas Pipeline (In re USGen New England) Was lead counsel in defending a $41 million claim against USGen arising from its rejection of a long-term gas transportation contract. The case raised novel issues regarding the calculation of future damages and projected mitigation of those damages. After the pipeline alleged that the filed rate doctrine controlled the calculation of damages, we secured a declaratory judgment from the FERC stating that state law governed. Ultimately, after extensive discovery and a sixday bench trial, the trial court entered favorable factual findings, reducing the claim to less than $15 million. The case ultimately settled for $9 million. In re Enron Power Marketing, Inc. Successfully defended a large international consulting firm against allegations that the firm’s employees had withheld evidence during a Federal Energy Regulatory Commission investigation into Enron’s activities. After an investigation and a series of technical conferences and hearings, the FERC affirmed a finding by its chief administrative law judge of no wrongdoing by any of the consulting firm’s employees. Attala Generating Co, LLC v. Attala Energy Company, LCC Acted as lead counsel in defending a $477 million breach of contract claim arising from termination of a long-term tolling agreement with a power plant owner. The case presented complicated issues regarding the calculation of damages, such as projected future energy prices, the likelihood of carbon taxes, and appropriate discount rates. Managed the case through a one-week arbitration hearing and post-hearing briefs and argument. The case settled favorably before the arbitration panel issued its award.
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TransCanada PipeLines, Ltd. (In re USGen New England) Served as lead counsel in defending a $51 million breach of contract claim arising from USGen’s termination of a natural gas transportation contract with TransCanada PipeLines Ltd. The dispute over TransCanada’s damage calculation centered on its right to invoke lost volume seller status and whether its recoupment of losses from other customers barred any recovery. Directed the case through discovery and a nine-day bench trial. The case is awaiting decision. U.S. Ship Management v. Maersk Line Limited Shared duties as lead counsel in an arbitration proceeding involving contract termination rights valued at $25 million. After an evidentiary hearing and extensive briefing, the panel issued an award in favor of our client on all points. Also obtained a preliminary injunction from a federal court in aid of arbitration. National Housing Partnership v. Municipal Capital Appreciation Partners Lead counsel in a dispute arising over foreclosures on low-income housing projects in Maryland and Virginia. Won motion for summary judgment, later affirmed on appeal, extinguishing the claim that our client was liable for partner loans made by NHP to fund improvements to one of the projects. Further led the team through a seven-day bench trial centering on the reasonableness of the foreclosure auction. The case ultimately settled. Sporicidin Int’l v. Baker & Hostetler Co-led a team in defending national law firm against a $70 million legal malpractice claim. At the conclusion of a nine-week trial, a District of Columbia jury found in favor of the law firm on the malpractice claim, finding that none of its lawyers was negligent in representing the former client before various federal agencies. Jennings v. Cedar Cliff After contentious discovery and a four-day jury trial, secured a verdict that the defendant breached a commercial lease claim and that our client had not wrongfully evicted the defendant from the premises. Miller & Miller v. Modesto Broadcast Group Defended a partnership against a fee claim brought by the partnership’s former lawyer. Secured a defense verdict after a four-day jury trial. Mark Barron, O.D. v. Vision Service Plan Represented an optometrist in his effort to remain on the provider panel of the nation’s largest vision care insurer. Obtained a preliminary injunction from a federal judge preventing VSP from terminating Dr. Barron’s membership. The case ultimately settled. American Lithotripsy Society v. Thompson Managed an effort on behalf of a group of urologists and affiliated professionals to enjoin the Department of Health and Human Services from enforcing Stark II regulations with respect to lithotripsy. Ultimately, obtained a declaratory judgment and permanent injunction against the government, thereby preserving our client’s contractual relationships that were adversely impacted by the regulations.
Shuffle Master, Inc. v. VendingData Corp. Defended a company in a patent infringement action over card-shuffling machines. Briefed and argued a Markman hearing that resulted in a favorable patent construction, and wrote the briefs that persuaded the Federal Circuit to first stay and later reverse a preliminary injunction entered by the trial court. Lee Technologies, Inc. v. Virginia Department of Taxation Led an effort to secure refund of sales tax paid on sales to an entity that went bankrupt. The tax authority initially refused to issue a refund to anyone other than the customer, but after several months of litigation, it refunded the sales tax in full, with interest.
The above is a list of the more notable cases. In all, Mr. Coffee has acted as first or second chair in over 30 civil and criminal trials and arbitration and administrative hearings, most of which resulted in positive outcomes. He further has handled numerous other civil and criminal disputes and criminal and regulatory investigations that were favorably resolved short of trial. He has argued more than 80 motions before state and federal courts.
Practice Areas Antitrust Appellate and Critical Motions Banking Corporate Governance Corporate Internal Investigations Corporate Lending e-Discovery and Electronic Information Employee Benefits and Executive Compensation Energy Real Estate Environmental Restructuring and Insolvency Financial Services Securities Government Contracts Securitization
CHARLOTTE CHICAGO GENEVA HONG KONG LONDON LOS ANGELES MOSCOW NEW YORK NEWARK PARIS SAN FRANCISCO WASHINGTON, D.C.
International Arbitration Labor and Employment Relations Lease Finance Litigation Maritime Mergers and Acquisitions Private Equity Product Liability Public Finance
Governmental Relations and Regulatory Affairs Health Care Intellectual Property
Tax Trusts and Estates White-Collar Criminal Defense
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