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Court Upholds $27 Million Treble-Damage Jury Award Won By BSF

October 1, 2006

On September 30, 2006, federal Judge Kathleen O'Malley in Cleveland upheld a jury verdict awarding $11.5 million for a class of scrap metal sellers against Columbia Iron & Metal.

BSF’s trial team, led by partners Bill Isaacson, Tanya Chutkan and associates Jennifer Milici and John Clifford, has obtained the verdict after a three week trial in March 2006. In her a 51-page decision denying Columbia’s post-trial motions, Judge O’Malley offered a scathing rejection of Columbia’s assertions that the trial had been unfair. "Indeed, given Columbia's conduct throughout the trial — including conduct tantamount to suborning perjury by a key witness — and the Court's exercise of significant restraint in connection with that misconduct so as to afford Columbia, out of an abundance of caution, the fairest trial possible, Columbia's claim now that the trial was ‘unfair’ is, to be put mildly, surprising."

The court’s perjury reference related to Bill Isaacson’s cross-examination, in which Columbia’s owner and CEO admitted that, after his dismal performance on the stand earlier in the trial, his lawyers had prepared an "outline" — later described as a "script" by the judge — for his testimony. The court rejected every one of Columbia's assertions of error, and, in a separate Order, granted the firm’s petition for fees and costs.

The judgment against Columbia, after trebling and reductions for prior settlements, exceeds $27 million.

Boies, Schiller & Flexner LLP, founded in 1997, has become one of the nation’s premier law firms. It has approximately 240 lawyers in offices located in New York, Washington, D.C., California, Florida, New Hampshire and Las Vegas. Best known for landmark cases such as United States v. Microsoft, Bush v. Gore, and In re Vitamins, the firm represents some of the largest and most sophisticated organizations in the world in their most important matters. The firm has been described by The Wall Street Journal as a “national litigation powerhouse” and by the National Law Journal as “unafraid to venture into controversial” and “high risk” matters. Boies, Schiller & Flexner can be visited on the web at

Related Lawyers: William A. Isaacson, , ,

Related Practices: Antitrust, Class Actions, Litigation