Seth A. Moskowitz’s practice focuses on complex civil litigation in federal and state court. Seth also has extensive experience in class action litigation, successfully representing companies in defending against numerous state-wide, nationwide and foreign class actions. In addition, he has represented a variety of clients in antitrust, breach of contract, consumer protection, fiduciary duty and intellectual property matters, including trademark diminution and trade secret claims. Along with his trial court experience, Seth has handled a significant number of appeals, including in federal and state appellate courts around the country.
- Teva Pharmaceuticals and its individual directors and officers in defense of one of the largest securities class actions in recent history as well as the more than 20 related direct actions, filed on behalf of more than 75 opt-out plaintiffs. The class action was settled in 2022 within insurance limits.
- Teva Pharmaceuticals, and its US subsidiary Actavis, in defense of antitrust actions commenced by the State Attorneys General for 48 states, 28 civil antitrust class actions and multiple direct actions.
- Celanese, a global specialty materials and chemical company headquartered in Texas, in the defense of mass product liability litigation in federal and state courts all over the country, arising from allegedly defective polybutylene plumbing systems installed in millions of homes, apartment complexes and mobile homes. Plaintiffs alleged, among other things, that the manufacturers, designers, and suppliers of these plumbing systems violated state consumer protection and deceptive trade practice statutes throughout the nation. In the course of this representation, we successfully defended Celanese in more than 50 putative and certified nationwide and statewide actions, as well as in tens of thousands of individual actions throughout the country. Those decisions opposing class certification were unanimously affirmed on appeal.
- MBIA, one of the world’s largest monoline insurers, in litigation brought by 18 of the world’s largest banks seeking to overturn MBIA’s corporate restructuring which, with the approval of the New York Department of Insurance, established a separate company for MBIA’s municipal bond insurance business. After a several-week evidentiary proceeding, the New York Supreme Court upheld MBIA’s restructuring, and MBIA received $1.7 billion in cash and a $500 million line of credit for its municipal bond insurance business.
- A lender in a dispute with The Royal Bank of Scotland relating to Liverpool Football Club, which was sold to a group led by the owner of the Boston Red Sox.
- A national developer obtaining summary judgment against The Sapir Organization, a New York real estate firm, relating to its failure to close a $20 million transaction to purchase property in Las Vegas.
- Bridgeton Holdings in successfully securing a complete dismissal of a case pending in the Southern District of New York. The court granted Kasowitz’s motion to dismiss nine of the 12 originally asserted claims against Bridgeton, and subsequently granted Kasowitz’s motion for summary judgment dismissing the remaining claims against Bridgeton for breach of fiduciary duty and unjust enrichment.
- A large polymer company in a significant contract dispute with a major manufacturing company seeking to recoup up to $400 million that resulted in summary judgment affirmed on appeal for his client.
- A major supplier of engineering resins in a series of lawsuits around the country relating to underground petroleum supply lines.
- A major supplier of natural gasoline in litigation arising from relocation of its pipelines.
- An affiliate of Fortress Investment Group in a lawsuit, filed in New York federal court, against an affiliate of AIG, seeking to enforce an agreement pursuant to which Fortress had agreed to purchase in excess of $100 million of real estate investments from the AIG affiliate. Kasowitz successfully opposed a motion to dismiss, and then settled the case.
- A software company in a significant theft of trade secret case against a major computer hardware company.
- A major chemical company in product liability litigation around the country relating to polybutylene plumbing.
- An insured seeking coverage for product liability claims, including in a lengthy arbitration in London resulting in a recovery of nearly $100 million for his client.