Beins, Goldberg & Hennessey, LLP

December 3, 2012.

A Knoxville, Tennessee jury, sitting in the United States District Court for the Eastern District of Tennessee, returned a verdict of more than $3 million in favor of Kuwait City-based MAK Inc. General Trading and Contracting Company ("MAKS") against Lenoir City, Tennessee-based EOD Technology, Inc. ("EODT").  This case arose in Afghanistan under a subcontract between EODT and Beins, Goldberg & Hennessey, LLP client MAKS wherein MAKS supplied 224 building modules for construction of relocatable buildings on the Bagram Airbase outside of Kabul,Afghanistan.  Trial was required in Tennessee and under Tennessee law due to the choice of law and choice of forum clauses embedded in the subcontract.  After a three-week trial, the jury found that not only did EODT fail to make it's contract payments, EODT illegally entered MAKS's property at 5:30 a.m. on October 23, 2009 and stole 90 modules from the MAKS compound.  The $3 million verdict represents the jury's assessmment of breach of contract, trespass, and conversion damages.  To this amount will be added prejudgment interest, attorney's fees for the successful defense of EODT's counterclaim, and any post-judgment interest that will accumulate on the claim.  In addition to obtaining a verdict of $3 million for MAKS, Beins, Goldberg & Hennessey, LLP completely defeated EODT's $6 million counterclaim. The trial team was composed of Joe Hennessey, John Beins, and local counsel Deborah Buchholz.  The case was tried before the Honorable Thomas Varlan, Chief Judge of the United States District Court for the Eastern District of Tennessee, case 3:10-cv-443.  For coverage of the jury verdict in the Knoxville Sentinel, click HERE.

November 1, 2012.

John Beins led the trial team for Plaintiffs in Davids v. Novartis, 2:06-cv-431, U.S. District Court, Eastern District of New York (Central Islip).  The jury awarded $10 million in punitive damages against Novartis Pharmaceuticals Corporation because of devastating evidence that Novartis deliberately withheld information about the bisphosphonate induced osteonecrosis of the jaw caused by Novartis's drug Zometa.  For articles on the victory, including statements by John's cocounsel John Vecchione, click HERE.