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Announcement: Michael Lyle Named “Litigator of the Week” by The American Lawyer Litigation Daily

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Michael Lyle has been named “Litigator of the Week” by The American Lawyer Litigation Daily for not only defeating a $120-million breach of contract claim for firm client, Express Scripts, but also for winning a $20-million counterclaim. The litigation arose after Express Scripts terminated its contract with HM Compounding, which had breached the contract and driven up prescription costs for Express Scripts’ customers. HM Compounding sued in 2013, alleging that the termination was an attempt to eliminate compounding pharmacies from Express Scripts’ pharmacy network. Mr. Lyle and the QE team moved for and obtained what were effectively case-terminating sanctions based on HM Compounding’s discovery violations, with the court awarding $360,000 in monetary sanctions, striking HM Compounding’s damages expert, and inviting supplemental summary judgment briefing. Four days before the start of trial,  the Court granted summary judgment in Express Scripts’ favor on all of HM Compounding’s claims and held that HM Compounding was liable on Express Scripts’ counterclaims, leaving only the amount of Express Scripts’ damages for the jury to decide.   HM Compounding then agreed to the $20-million consent judgment sought by Express Scripts.