Important or Memorable Cases Attorney in New York, New York
Can you tell us about a memorable commercial litigation matter you handled?
Can you tell us about a memorable commercial litigation matter you handled?
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I’ve been fortunate to handle many memorable cases, but one stands out. It was a jury trial in a major federal court in Michigan about 10 years ago. I won’t name the case due to the details I’ll be sharing. It involved a heavy manufacturing dispute, where our client, a supplier of customized parts, was up against a giant purchaser—the largest company in its industry.
The core issue was a requirements contract, where the defendant was obligated to buy certain parts exclusively from our client. However, the defendant treated this agreement like an option contract, purchasing from our client only when it suited them and secretly buying elsewhere when they found better prices. They either hid these purchases or gave fabricated excuses. We sought substantial contract damages, amounting to many millions.
We were trying the case in a very conservative community. Local lawyers warned me that the jury would likely award a low seven-figure verdict at best, which wouldn’t cover the damages sought. I conveyed this to the client, but we pressed forward.
The turning point was the work done by our team, which included the client and numerous lawyers from my firm. Together, we meticulously prepared for the cross-examinations. One by one, I exposed the defendant’s executives for their lies, making it clear to the jury that they had been dishonest. Despite the case involving complex and tedious business records, I managed to captivate the jury. They leaned forward in their seats, fully engaged, as if watching an exciting movie unfold in real-time.
The cross-examinations were crucial. Although the judge was hostile at times, even calling me to the bench to complain that I was too aggressive with the witnesses, I stood my ground. I explained that my approach was consistent with how I had handled cases across the U.S., including in Michigan, and continued my strategy despite his objections.
The client’s own testimony was another key aspect. He was a very smart, successful, and confident entrepreneur, but his demeanor could easily come off as arrogant. I spent weeks with him, coaching him to present himself more humbly and relate better to the jury, avoiding any behavior that might alienate them.
When the jury returned their verdict, my heart was pounding. They awarded us nearly every penny we had asked for, resulting in the largest commercial verdict ever obtained in that court. It was an unforgettable case that lasted about a month. The day after, I was so exhausted I could barely move, but it was a fantastic experience. There have been many memorable cases, but this one remains particularly significant.
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New York, NY commercial litigation attorney Philip J. Kessler tells the story of a memorable commercial litigation matter he handled. He shares that he has been fortunate to handle numerous memorable cases, but one stands out vividly. Approximately ten years ago, he tried a jury case in a major federal court in Michigan, involving a heavy manufacturing dispute. The client, a supplier of customized parts, faced off against the largest purchaser in the industry.
The central issue revolved around a requirements contract, which obligated the defendant to purchase certain parts exclusively from the client. Instead, the defendant treated the agreement like an option contract—buying from the client only when convenient and secretly sourcing elsewhere when lower prices were available. They either concealed these purchases or offered fabricated excuses. The firm sought substantial contract damages, totaling several million dollars.
The trial took place in a conservative community, and local lawyers warned that the jury would likely award a low seven-figure sum, far below the damages sought. Despite this, he and the client pressed forward.
The turning point came through meticulous preparation. Working closely with the client and a team of lawyers from his firm, he prepared exhaustive cross-examinations. One by one, the defendant’s executives were exposed for dishonesty, making it clear to the jury that the opposing side had been deceitful. Although the case involved complex business records, he successfully presented the material in a compelling way, holding the jury’s attention as if they were watching a dramatic film unfold.
Cross-examination was critical. The judge occasionally expressed displeasure at his aggressive style, calling him to the bench to object. He maintained his approach, explaining that it was consistent with strategies he had employed in cases across the country, including Michigan, and continued his methodical presentation.
Equally important was the preparation of the client. A highly intelligent and confident entrepreneur, the client risked appearing arrogant in court. He spent weeks coaching him to present with humility and engage effectively with the jury, ensuring the testimony resonated without alienating anyone.
When the jury returned, the verdict was nearly everything sought—resulting in the largest commercial verdict ever awarded in that court. The case lasted about a month, leaving him physically exhausted but professionally elated. Among many remarkable cases, this one remains particularly significant for its scale, complexity, and ultimate success.
