Wisconsin Professional Baseball Park District v. Mitsubishi Heavy Industries America, Inc.

Jan 07, 2005

OUTCOME:

Represented Mitsubishi Heavy Industries America, Inc. ("Mitsubishi") in the lawsuit in Milwaukee County Circuit Court relating to the construction of the radial retractable roof of Miller Park (the hom ... e of the Milwaukee Brewers). The case, filed by the Southeast Wisconsin Professional Baseball Park District on January 2, 2002, sought $50 million in damages from Mitsubishi for alleged defects in the retractable roof, which Mitsubishi constructed. Mitsubishi denied liability to the Baseball Park District and filed a counterclaim seeking additional costs incurred in constructing the roof due to material changes made to the roof's design by the Baseball Park District's architect-of-record after Mitsubishi bid the job. In late 2004, following three years of contentious litigation, the parties attempted mediation. After three single day sessions of mediation conducted over a 45 day period and involving 22 attorneys from seven states, a settlement was finally reached in January 2005, resulting in Mitsubishi paying nothing on the Baseball Park District's claims and receiving $18 million on its counterclaim.