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Kutak Rock Litigation Team Prevails in Arizona Trial

News | August 1, 2019

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A Kutak Rock trial team from the firm’s Scottsdale office, headed by partners Michael W. Sillyman, Paul S. Gerding, Jr. and Jonathan S. Schultz, helped five individual defendant healthcare clients recently prevail on all counts in a three-week jury trial in Arizona.

The litigation was brought by an insured who suffered an allegedly debilitating multiple sclerosis relapse after infusion of his MS medication was delayed. He and his spouse filed claims for bad faith and loss of consortium. Plaintiffs’ demands exceeded $10 million. At the close of trial, the jury ruled in favor of defendants via a seven-of-nine verdict finding in favor of all defendants on all counts. The victory made moot the defendants’ $1.5+ million offer of judgment prior to trial.

The Scottsdale litigation team had previously prevailed on motions for summary judgment for dismissal of all counts as to plaintiffs’ claims made against a single additional client healthcare entity, and the dismissal of plaintiffs’ misrepresentation claims against all client defendants.

Firm associates Andrew McNichol, Jeffrey Giancana, London Burns and Echo Reynolds also worked on this matter, along with partner Tasha Cycholl, who served as MBA.