Attorney Daniel H Charest's Legal Cases

Antitrust and trade law

Behrend, et al. v. Comcast Corporation, No. 2:03-cv-06604, E.D. Pa.

Sep 25, 2015

OUTCOME: Class Certified -- Settlement

Susman Godfrey, as co-lead counsel with Heins, Mills & Olsen, has brought antitrust claims against the cable provider, Comcast. Three cases are pending, with classes certified in Philadelphia, Pennsyl ... vania and Chicago, Illinois. Two cases are stayed, pending the resolution of the Philadelphia class claims. The claims have survived motions to dismiss and multiple appeals and procedural challenges by Comcast's able defense attorneys, Kasowitz, Benson, Torres & Friedman. As of October 2008, merits discovery was ongoing, with summary judgment briefing scheduled for the beginning of 2009.

Contracts and agreements

Counter Active, Inc. v. Tacom, L.P. d/b/a Cosentino USA, No. 0:07-cv-3163, D. Minn.

Jun 03, 2009

OUTCOME: Take-nothing judgment by settlement

Susman Godfrey's client was sued in Florida state court. Susman Godfrey successfully removed to federal court and, subsequently, transferred to the client's desired forum, the District of Minnesota. A ... sserting counterclaims, Susman Godfrey shifted the balance of the litigation. Susman Godfrey successfully moved to dismiss the bulk of the franchise, unfair bsiness claims against its client. Over the course of discovery, Susman Godfrey demonstrated the weakness of the claims against its clients, eventually convincing the opposition to walk away.

Litigation

Southgate Master Fund, LLC v. United States of America, No. 4:08-cv-02239, S.D. Tex.

Feb 28, 2009

OUTCOME: Trial win

Susman Godfrey represented an investor that is seeking a substantial tax refund. After a 15-day trial, the Court awarded the client a significant portion of his claims. Affirmed on appeal.

Wrongful death

Rodriguez v. Proffitt, Cause No. 05-05321E, 101st District Court, Dallas County, Texas

Sep 12, 2008

OUTCOME: Settlement

Susman Godfrey represented the parents of a girl, who was killed in a dram-shop case against the driver and the dram-shop employer. Before trial, the parents, along with other plaintiffs, settled all ... of their claims.

Contracts and agreements

IB-US Stone LP v. Chemtreat, Inc., Cause No. 2007-00675, 113th District Court, Harris County, Texas

May 20, 2008

OUTCOME: Settlement

In early 2007, Susman Godfrey brought suit on behalf of a plant owner against a company that provided maintenance service for the plant's equipment. Susman Godfrey was able to develop the facts and ex ... perts in support of the allegations that the service provider cause damage to the plant's high-priced equipment, causing a loss in profits due to down time in addition to the lost value of the equipment. Ultimately, the parties settled following mediation and arbitration of certain aspects of the case.

Antitrust and trade law

Hertz Equipment Rental Corp. v. Lasserre, Cause No. 2007-46896, 80th District Court, Harris County, Texas

May 12, 2008

OUTCOME: TRO and Permanent Injunction

In August 2007, Susman Godfrey represented Hertz Equipment Rental Corporation in a lawsuit against a former employee and a competitor in connection with trade secrets and alleged theft of trade secrets ... . Susman Godfrey obtained a TRO, with pleading drafted and argument presented by Daniel Charest, to stop the alleged actions. After accelerated discovery, the defendants agreed to both a temporary injunction and, ultimately, a permanent injunction, which remains in place.

Contracts and agreements

Neiman Marcus Group, Inc. v. HSBC Bank Nevada, N.A., Cause No. 08-01688-H, 160th District Court, Dallas County, Texas

Apr 22, 2008

OUTCOME: TRO -- Settlement

Susman Godfrey obtained a temporary restraining order for Neiman Marcus and Bergdorf Goodman to stop HSBC from terminating more than 192,000 existing Neiman Marcus private label credit card accounts an ... d from making requirements for obtaining or retaining new accounts more onerous. HSBC claimed to have authority under its contract to implement the changes without our clients' consent. The TRO allows Neiman Marcus and Bergdorf to avoid the loss of approximately $500 million in sales. With the TRO in place, Neiman Marcus and HSBC engaged in negotiations, which resulted in an agreement that resolved the dispute to Neiman Marcus's satisfaction, and the parties returned to business.

Wrongful death

Underhill v. AVCO, Corp., Cause No. 71164, 40th District Court, Ellis County, Texas

Nov 05, 2007

OUTCOME: Jury Award for Plaintiff -- Post-Trial Settlement

In February 2007, Susman Godfrey prosecuted wrongful death claims on behalf of the widow and children of an aspiring airplane pilot. During a week-long jury trial, Susman Godfrey demonstrated that the ... pilot's death resulted from the introduction of deadly exhaust fumes into the aircraft's cabin due to negligent aircraft maintenance by relating technical aspects of aircraft maintenance and inspection regulations to the jury. The jury returned a $1.8 million verdict in favor of the family-member plaintiffs. Following trial, the parties settled for a confidential amount.

Daniel H Charest's Legal Cases (8)

Behrend, et al. v. Comcast Corporation, No. 2:03-cv-06604, E.D. Pa.

Counter Active, Inc. v. Tacom, L.P. d/b/a Cosentino USA, No. 0:07-cv-3163, D. Minn.

Southgate Master Fund, LLC v. United States of America, No. 4:08-cv-02239, S.D. Tex.

Rodriguez v. Proffitt, Cause No. 05-05321E, 101st District Court, Dallas County, Texas

IB-US Stone LP v. Chemtreat, Inc., Cause No. 2007-00675, 113th District Court, Harris County, Texas

Hertz Equipment Rental Corp. v. Lasserre, Cause No. 2007-46896, 80th District Court, Harris County, Texas

Neiman Marcus Group, Inc. v. HSBC Bank Nevada, N.A., Cause No. 08-01688-H, 160th District Court, Dallas County, Texas

Underhill v. AVCO, Corp., Cause No. 71164, 40th District Court, Ellis County, Texas