Litigation Overview

 

 

 

 

 

David Charles Masselli, PC
4113 Lee Highway
Arlington, Virginia 22207

(703) 741-0402
Fax: (703) 741-0979

                The following is an overview of litigation engaged in by David Masselli over the past decade, both at David Charles Masselli, PC and at  Masselli & Lane, P.C.

Intellectual Property Litigation.

Represented Taiwanese manufacturing entity and its American subsidiaries on appeal in litigation stemming from purported patent infringement. Obtained reversal of $12.6 million judgment and remand order dismissing most claims and limiting overall exposure to $1 million. Fu Sheng Indus. Co. v. T/F Systems, 690 So. 2d. 617 (Fla. App. 4 Dist 1977)

Represented small domestic corporation which sought to prevent Disney from infringing on trademark. Filed action which led to sealed settlement meeting client=s objectives.

Represented InterNet users in cases involving conflicts between copyright protection and free speech. Religious Technology Center v. Lerma, 40 U.S.P.Q.2d 1569 (E.D.Va 1996).

Represented Mark Russell, the Capitol Steps and other prominent satirists as amici in Luther R. Campbell aka Luke Skywalker et al. v. Acuff-Rose Music, Inc., 114 S.Ct. 1164 (1994). Filed co-ordinated briefs in the Sixth Circuit. Wrote the petition for certiorari which was accepted by the Supreme Court and co-ordinated amici briefs.

Represented coalition of environmental and farming organizations on litigation concerning scope of Plant Varieties Protection Act. Asgrow Seed Co. v. Winterboer, 115 S.Ct 788 (1995).

Successfully represented challenger to trademark held by major insurance corporation. CNA Financial Corporation v. Larry D. Brown et. al. 922 F. Supp. 567 motion to reconsider denied 930 F. Supp. 1502 (M.D. Fla. 1996)

            Other Complex Litigation

RICO Defense Secured complete reversal of multi-count RICO conviction arising from insurance operations. State of  Florida v. Amos, Case No. 96-1078 (Fla.  App.4 Dist.  1998

Dynergy Wind Turbine Litigation. Represented hundreds of defrauded purchasers of wind turbines in federal litigation in Virginia and California. Lead counsel in twenty consolidated cases in California. Enabled turbine purchasers to recoup millions from sellers and other participants in fraud, maintain federal tax benefits and reorganize wind turbine facilities on federal lands near Palm Springs California.

Securities Fraud Litigation. Successfully represented brokerage firm accused of securities fraud involving high-tech stock issuance. Merrill Lynch v. Western, 1990 U.S. dist. LEXIS 6793, Fed. Sec. L. Rep. 9CCH) P95,289 (S.D. N. Y. 1990)

(Sealed) Qui Tam Litigation. Represented fired whistle blower who had disclosed failure of major defense contractor to adequately inspect or correct defects on a major military system. Whistle blower received significant settlement and contractor corrected inspection and repair procedures.

Military Retiree's Insurance. Pursued claim against Third Party Administrator's breach of contract in administering insurance program for military retirees. Resulted in settlement involving surrender of rights to administer 15 year contract valued in excess of $7.5 million dollars.

 

 

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