a Primerus member firm in Milwaukee,
Wisconsin, won a major victory this April
in the United States Supreme Court in an
antitrust case that could return hundreds
of millions of dollars to the Wisconsin
economy.
Gegios, chair of
the firm's litigation
department, the
opinion addresses
litigation begun
in 2006 on behalf
of Wisconsin
industrial and
commercial users
of natural gas,
claiming alleged
consolidated in federal court in Nevada
with others from around the country, but in
all of the consolidated cases, the plaintiffs
contend that retail prices for natural gas
more than doubled in the early 2000s as
the result of collusion by large natural gas
company defendants and other conspirators,
which also brought about the California
energy crisis. The Wisconsin cases seek
damages for the higher prices Wisconsin
businesses paid for natural gas from 2000
to 2002.
The defendants sought to dismiss the
suits, arguing that the Wisconsin plaintiffs'
state law claims would interfere with the
authority of the Federal Energy Regulatory
Commission, which oversees interstate
wholesale natural gas markets. That federal
authority, the defendants argued, preempts
the state antitrust laws on which these cases
are based.
sided with KMK's clients, and the Supreme
Court affirmed with a 7-2 decision written
by Justice Stephen Breyer. The decision
upheld the authority of states to act and
ordered the litigation to proceed.
Now, KMK is working to determine
whether these cases will be class actions
and preparing to proceed to trial.
manufacturing companies Briggs & Stratton
Corp., Merrick's, Inc., and ATI Ladish,
LLC; Carthage College; cheese producer
Sargento Foods; paper producer NewPage
Wisconsin System Inc.; and catalog printing
company Arandell Corporation.
Primerus President and Founder John
C. Buchanan noted that this case highlights
the capabilities of Primerus firms.
"Primerus firm Kohner, Mann and
Kailas, and other Primerus firms like
them around the world, are capable
highly complex litigation involving highly
specialized areas of the law," Buchanan
said. "Clients should be comfortable
turning to Primerus law firms for bet-the-
company cases they otherwise would have
sent to big law firms. Our firms are capable
of representing clients all the way to the
United States Supreme Court."
Gegios, who was just recognized as a
Lawyer of the Year by The Best Lawyers in
America
cases against very large companies. They
have a long track record of beating huge
companies represented by large firms in
big-stakes litigation.
For example, KMK won a federal
court jury trial brought by Super Group
Packaging and Distribution a start-up
Wisconsin company that sold woven,
non-paper bags against Smurfit-Stone
Container Corp., which was at the time
the largest manufacturer of paper bags in
the world.
Super Group turned to Gegios' firm
because they knew they needed someone
who specialized in complex business
litigation in order to contend with this
much larger company. They eventually won
a multi-million dollar verdict, one of the
largest in a business case in Wisconsin in
recent years.
"We don't need more substantial
resources in terms of manpower to litigate
and try these major cases," Gegios said.
"Sometimes you just have to fight. You
have to be dedicated to your client's cause,
persistent, and understand what's important
and what's not."
in terms of manpower
to litigate and try these
major cases," Gegios
said. "Sometimes you just
have to fight. You have
to be dedicated to your
client's cause, persistent,
and understand what's
important and what's not."
Kohner, Mann and Kailas, S.C.