National Trial

As a boutique firm, with heavy emphasis in complex litigation, we know we are not "all things to all people," but, where it counts, with our clients in the financial services industry, we are pleased to be regarded as the best. In an Independent Survey conducted by a Boston-based market research and management consulting firm, a number of our Fortune 1000 clients cited JORDEN BURT as the Best Performing Law Firm, Best at Client Service, Best at Client Focus, Best at Understanding the Client's Business, Best at Providing Value for the Dollar, Best at Bringing Together National Resources, and Best at Legal Skills. For more than 20 years, we have dedicated our firm to developing the best and most knowledgeable trial lawyers in the defense of the financial services industries in virtually every area of contract, fraud, ERISA, and securities litigation. While many law firms boast of a "national" practice, JORDEN BURT's experience in high stakes litigation on behalf of our financial services clients in state and federal courts across the country is, we believe, unparalleled. A few examples of our experience in courts across the country illustrate the breadth and national scope of our trial practice.

National Litigation - Selected Cases

• Alabama - Since 1995, JORDEN BURT has defended over 300 class and individual fraud lawsuits in Alabama, including a dozen cases in the Alabama Supreme Court, and we were lead counsel in two landmark Alabama Supreme Court cases: the Walters case, which put an end to "conditional" or so-called "drive-by" class certifications, and the Crawford case, which upheld the insurance industry's right to enforce arbitration clauses in Alabama policies pursuant to the Federal Arbitration Act.

• California - For numerous clients over the past 10 years, JORDEN BURT has defended a host of individual and class actions alleging § 17200 claims, securities fraud, ERISA violations, breach of contract, and bad faith claims. JORDEN BURT was the first firm to successfully remove state law claims involving variable contract sales under SLUSA in the Northern District of California. We were recently retained to try a multimillion dollar claim in Los Angeles Superior Court by a major life insurer and obtained a very favorable settlement on the verge of trial.

• Connecticut - We have extensive experience in litigating cases in Connecticut state and federal courts in a broad array of areas.

• Delaware - We have litigated at every level in the Delaware court system, from the trial courts through the State Supreme Court. We have successfully defended AIG Life in a case by Wal-Mart Stores seeking in excess of $100 million of damages arising out of the purchase of corporate owned life insurance products.

• Florida - With our Southeast office based in Florida, JORDEN BURT has extensive trial and litigation experience in complex matters throughout the state in virtually every significant state and federal court. Information on our Florida trial and litigation experience is available upon request.

• Idaho - Defense of Investment Contract Sales - Summary judgment at an early stage of proceedings for financial services client in defense of alleged investment contract fraud in Idaho state court.

• Indiana - In a case involving contract and negligence claims and ERISA issues arising out of an investment contract, we obtained dismissal of the claim and judgment against plaintiffs for $260,000 of attorneys' fees and costs.

• Louisiana - Defense of State Fraud and Breach of Contract Claims - JORDEN BURT successful trial judge verdict, upheld on appeal to Louisiana Supreme Court in alleged fraud and breach of contract claims against life insurance industry client.

• Minnesota - JORDEN BURT has extensive experience litigating cases in Minnesota. In a series of 11 class actions against one of our clients, consolidated by the MDL panel, JORDEN BURT, defeated class action certification motions and obtained verdict or summary judgment on all individual claims of class representatives, later affirmed in three different decisions in the Eighth Circuit Court of Appeals.

• Massachusetts - We successfully defended a major life insurance company in a one-week jury trial in Massachusetts state court in a case involving thirteen common law and statutory causes of action, including fraud and misrepresentation, in connection with the sale of a $12 million life insurance policy to a trust. JORDEN BURT trial lawyers convinced the Suffolk County (Boston) jury to return a complete defense verdict in favor of the insurer in 2006, and the trial court later ruled for the insurer on plaintiff's sole remaining claim for unfair and deceptive practices under the Massachusetts Consumer Protection Act.

• Mississippi - Among national law firms, JORDEN BURT has unmatched experience defending the financial services industry in the state of Mississippi. We have served as lead counsel in "mass" actions involving thousands of plaintiffs, and we have defended dozens of cases, involving virtually every conceivable contract, statutory, and tort theory. JORDEN BURT served as lead counsel in one of the few successful jury trials in Claiborne County, Mississippi (we obtained a defense verdict for the holding company and limited plaintiffs' eight-figure demand for punitive damages to an award of $25,000). We later appealed and obtained a complete reversal of the verdict in Wells v. Fidelity Financial Services, Inc., 819 So. 2d 1196 (Miss.). We were lead counsel in two seminal Mississippi Supreme Court cases dealing with important procedural issues: American Bankers Ins. Co. v. Alexander (challenging "mass" joinder of 1,371 plaintiffs on due process grounds), and American Bankers Ins. Co. v. Booth, 830 So.2d 1205 (Miss.) (rejecting State Chancery Court's authority to entertain "equitable" class actions). We removed to federal court and defeated on summary judgment a series of related cases demanding in excess of $975 million of damages based on the alleged fraudulent sale of life insurance policies.

• North Carolina - For almost 10 years, JORDEN BURT successfully defended one of our clients in complex securities fraud litigation involving more than 15 consolidated and separate actions alleging fraud in the issuance of over $300 million in mortgage backed bonds. In addition to successfully resolving these claims, in part through defense verdicts and summary judgments, and in part through negotiated settlements, JORDEN BURT trial lawyers managed to extract cross-claim money judgments against co-defendants in these cases, while staving off a Grand Jury investigation and threatened indictment.

• North Dakota - In North Dakota, we obtained dismissal of an injunction against one of our financial service clients, broker-dealers and arbitration of individual claims.

• Rhode Island - We obtained a jury verdict for the defense on 9 of 10 claims against our financial services client for alleged non-disclosure in connection with sale and administration of an investment product. On appeal to the Rhode Island Supreme Court, the defense verdict was upheld and the jury verdict for plaintiff on single claim reversed, resulting in a complete victory.

• South Carolina - JORDEN BURT has defended numerous cases in South Carolina including class action cases in both state and federal courts. We recently defeated class certification in a case involving claims of racial discrimination in the sale of industrial life insurance policies to a proposed class of 1.4 million individuals, and we successfully defended the certification ruling on appeal to the U.S. Court of Appeals for the Fourth Circuit.

• Tennessee - We successfully represented the former U.S. affiliates of Fortis in a four week jury trial in Tennessee state court in a complex multimillion dollar contract dispute involving the marketing of customer appreciation insurance products through most of the nation's largest banks. JORDEN BURT trial lawyers obtained a jury verdict of $70.7 million on contract, tort, and statutory claims.

• Northeast Region - With our office based in Simsbury, Connecticut, we have extensive trial and litigation experience throughout Connecticut and the surrounding states, including New York, New Jersey, Pennsylvania, New Hampshire, Rhode Island and Massachusetts.