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More than 25 Years of Legal Experience

Complex Business Cases

Complex Business, Real Estate, and Estates and Trusts Litigation

Over a period of several years, Mr. Nolan had the privilege of representing the Estate of the late John C. Unitas, Sr. in several litigation-related matters. Prior to his death on September 11, 2002, Johnny Unitas had been honored by the National Football League as the "greatest player in the first 50 years of pro football." Among the matters litigated was an accountant malpractice claim which was successfully resolved prior to trial.

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The Nolan Law Firm serves as litigation counsel for Community First Bank, a federally chartered savings bank based in Baltimore, Maryland.

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Mr. Nolan represented the estate of a developer of large subdivisions in a lawsuit to enforce a real estate sales contract for a major tract of developable land. A guardian appointed for the seller-farmer who signed the contract defended the action, claiming that the farmer lacked sufficient mental capacity at the time he signed the contract. The case was resolved prior to trial.

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91st Street Joint Venture Litigation. Mr. Nolan served as lead counsel to Joint Venture Holding, Inc. and Princess Limited Partnership in arbitration proceedings, circuit court actions, and appeals involving numerous claims and disputes between the partners relating to the Princess Royale Oceanfront Hotel and Conference Center in Ocean City, MD. In addition to the appeals, Mr. Nolan has appeared on behalf of the majority partners in at least five separate AAA arbitration cases (involving approximately 21 days of testimony), two actions in Circuit Court of Worcester County, one action in the Circuit Court for Montgomery County, several post-arbitration actions in the Circuit Court for Baltimore County, and three appeals. There have been complex partnership and business law issues in most of these cases. As of March, 2003, the dissolution case is pending in the Court of Special Appeals of Maryland, styled as Goldstein v. 91st Street Joint Venture, et al., No. 1356, September Term, 2002 (Opposing counsel: Jonathan Topazian, et al.) The case is significant not only because of the length of this litigation that began in 1991, but also because two of the appellate cases arising from the case have defined the Maryland law as it governs charging orders and partnership dissolution and windup.

Acumedia Manufacturers, Inc. v. Alpha Bioscience, Inc., et. al., Case No. 24-C-00-0006174, Circuit Court for Baltimore City (Noel, J.) (Opposing counsel: Mark R. Fox, Esquire, Lansing, Michigan.) Commencing in January, 2001, Mr. Nolan represented an FDA registered facility that manufactures molecular biology media and related products in defense of misappropriation of trade secrets and other claims. Following development of expert testimony and extensive discovery between the two biotechnology firms involved (including limitation of plaintiff's attempt to depose witnesses in Spain), all claims were settled prior to the January 2002 scheduled trial date. The significance of this case is that Mr. Nolan, together with Rignal W. Baldwin, Jr. who represented a defendant-employee, were able to successfully defend against the efforts of a publicly-owned and traded plaintiff company to shut down a viable, but small, Baltimore-based biotech firm.

In Re: Synthroid Marketing Litigation,U.S. District Court for the Northern District of Illinois, Eastern Division, No. 97C6017, MDL No. 1182 (Bucklo, J.). Commencing in January, 1998, Mr. Nolan was retained as Special Counsel to CareFirst of Maryland, Inc. d/b/a CareFirst Blue Cross Blue Shield ("CareFirst"). On behalf of CareFirst, Mr. Nolan worked with Counsel for other Blue Plans and third party payors to investigate and pursue certain claims against Knoll Pharmaceutical in connection with its marketing of the drug Synthroid®. The TPP Class Companies claimed that Knoll wrongly suppressed a study showing that another generic drug was Synthroid®'s bioequivalent. CareFirst's claim was the subject of a class action in the U.S. District Court for the Northern District of Illinois, Eastern Division. On August 17, 1998, the Court (Bucklo, J.) rejected as inadequate an initial settlement proposal and certified two classes, one of consumers and one of third party payors.

On August 5, 2000, Judge Bucklo approved a new settlement proposal creating a common fund of over $150 million to be divided between two classes. See 110 F. Supp. 2d 676 (N.D. Ill. 2000), aff'd in part, rev'd in part, 264 F.3d 712 (7th Cir. 2001). Following remand of those portions of Judge Bucklo's order that dealt with attorney's fees, the District Judge issued her Memorandum Opinion And Order on May 9, 2002, awarding counsel fees to consumer class counsel and third party class counsel. Mr. Nolan did not serve as appellate counsel.

In the course of four years of litigation, Mr. Nolan spent hundreds of hours actively participating in extensive national discovery of defendants' documents at various sites throughout the country and responded to Knoll's discovery requests served on CareFirst. Mr. Nolan participated in the mediation conferences at the national level and in strategy work with lead TPP class counsel, and he developed and filed CareFirst's Third Party Payor Claim Form in February, 2002. The litigation is significant because it established a "megafund" of approximately $88 million to consumers and $46 million to insurance companies, thereby protecting the interests of third party payors who were overcharged by Knoll.

This is only a Small Partial Listing of the many Business, Real Estate, Breach of Fiduciary Duty and Estates and Trust Cases in which Mr. Nolan has been successful in achieving favorable outcomes for clients.

 

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