Analytical and Procedural History of the Grove Fresh Litigation

Table of Contents

  1. Introduction
  2. February 10-March 30, 1989:  The opening phase of the 89c1113 case.
  3. February 10-March 30, 1989:  The opening phase of the 89c1114 case.
  4. May 5 and June 21, 1989: Labatt’s deceptive presentations to the FDA and its less-than-complete cooperation with the FDA on scientific research.
  5. June-September 1989: My introduction to the Grove Fresh litigation.
  6. September 28- November 30, 1989: Chronology of 89c1113, 89c1114, and 89c1117 through the date Grove Fresh fired Hines.
  7. The transition to my responsibilities as Grove Fresh’s lead lawyer.
  8. December 1, 1989-January 22, 1990: Chronology of 89c1113 and 89c1114 through the date Hines finally withdrew his appearances for Grove Fresh.
  9. January 22- March 8, 1990: Chronology of 89c1113, 89c1114, and89c1117 through the date Judge Bua ordered the 89c1114 defendants to answer Grove Fresh’s discovery.
  10. March 8-April 13, 1990: Chronology of 89c1113 and 89c1114 through the date when the 89c1114 case was dismissed in accordance with the settlement contract.
  11. The breaches of the settlement contract.
  12. Chronology of 89c1113 through August 14, 1990, when the deception regarding Holiday Juice finally came to light.
  13. August 15-31, 1990: The events leading to the unexplained sealing of the 90c5009 case, and to Schiff Hardin & Waite’s appearance for Labatt.
  14. The secret docketing procedures for qui tam cases under the False Claims Act, and their misapplication to the 90c5009 case.
  15. September 20-December 11, 1990: Chronology of 89c1113 through the date of Murray’s admission regarding the Bio Trade Documents.
  16. December 13, 1990-April 5, 1991: Chronology of 89c1113 and 89c1114 through the date that McDermott Will & Emery finally produced the Bio Trade Documents.
  17. April 9-May 3, 1991: The motions Judge Zagel disparaged as “not be[ing] motivated entirely and completely by the interest of your client advocated within the constraints of the law.”
  18. August-September 1991:  The defense’s attempt to divide and conquer.
  19. February 1992:  Radler’s attempt to take over as lead counsel.
  20. September 26, 1991-September 21, 1992: Chronology of 89c1113, 89c1114, and 90c5009 through the date that Henry Lang, American Citrus’s president, gave notice that he would invoke his Fifth Amendment privilege against self-incrimination.
  21. September 22-29, 1992: The suspension of all litigation, at the defense’s request, and the opportunity to remove the 90c5009 records from the courthouse before they were docketed.
  22. The defense’s interest in removing the 90c5009 records from the courthouse before they were docketed.
  23. September 29-December 14, 1992: Chronology of the settlement negotiations through the date of the Coalition’s notice of appeal from the order denying their access claims.
  24. December 21, 1992-May 12, 1993: How the defendants “bought the case from the plaintiff” so that, in Judge Zagel’s view, they could remove all but a handful of the 90c5009 records from the courthouse before those records were docketed.
  25. June 1-August 5, 1993: The events leading to my rescission of the Consulting Agreement.
  26. August 5, 1993 through July 5, 1994: The post-settlement proceedings through the date of the ruling on the Coalition’s appeal (May 12, 1994) and the referral to the ARDC.
  27. June 2, 1994 through June 8, 1995: The proceedings on remand of the Coalition’s appeal.
  28. June 9, 1995: The Contempt Order.
  29. The aftermath.
  30. The Chapter 7 Estate’s malpractice claims against Jenner & Block.