Selected Expert Witness Cases
Ethan E. Kra
| Case Name and Court Citations (client name in italics) | Outcome |
|---|---|
| Whiting-Turner Contracting Company v. Laborers’ District Council Pension & Disability Trust Find No. 2, American Arbitration Association case number: 01-18-0003-5360 | Expert report prepared (December 2021); deposed (January 2022) |
| Los Angeles Police Protective League, United Firefighters of Los Angeles City, Plaintiffs, v. Board of Fire and Police Pension Commissioners for the City of Los Angeles; City of Los Angeles, a municipal corporation; and Does 1 through 20, inclusive, Defendants/Respondents, and Los Angeles Police Protective League, United Firefighters of Los Angeles City, Plaintiffs/Petitioners, v. Board of Fire and Police Pension Commissioners for Los Angeles Fire and Police Pensions; City of Los Angeles, a municipal corporation; and Does 1- 20, inclusive, Defendants | Deposed (September 2021) |
| Newkirk Electric Associates, Inc. vs. Operating Engineers’ Local 324 Pension Fund, American Arbitration Association case number: 01-19-0001-0518 | Expert report prepared (August 2021) |
| Ashland Global Holdings Inc., Plaintiff, against Valvoline Inc., Defendant | Expert report prepared (July 2021); Expert report prepared (August 2021) |
| City Produce Operating Corp. v. The Trustees of the United Teamster Pension Fund, American Arbitration Association case number: 01-20-000-73379 | Expert report prepared (July 2021); Sur-rebuttal report prepared (July 2021) |
| William King, Stephen Dardzinski, and Anthony Gugliuzza on behalf of themselves and on behalf of a class of others similarly situated, Plaintiff, v. The United States, Defendant. | Expert report prepared (September 2020); Rebuttal expert report prepared (January 2021); deposed (January 2021) |
| Foundation Resolution Corp., f/k/a Citrus Memorial Health Foundation Inc., and Foundation Resolution Corp. Pension Committee, as an administrator of the Citrus Memorial Health Foundation, Inc. Pension Plan, Plaintiffs, v. Aon Hewitt Investment Consulting, Inc., f/k/a Hewitt EnnisKnupp, Inc. and Alight Solutions LLC, f/k/a Hewitt Associates LLC, Defendants. | Expert report prepared (September 2020); deposed (October 2020); testified at trial (April 2021); decision in favor of defendants |
| Melissa Haley, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. Teachers Investment and Annuity Association, Defendant | Declaration prepared (January 2020); Supplemental Declaration prepared (April 2020), Expert report prepared (July 2020); Rebuttal expert report prepared (September 2020), deposed (October 2020) |
| Jon Hoak, Anthony Fano, Allan Quick, Patricia Giering, and Nancy Parin, on behalf of themselves and all those similar situated, Plaintiffs, vs. Plan Administrator of the Plans of NCR Corporation, Defendant, Civil Action File No. 1:15-cv-03983-AT | Expert report prepared (November 2019); deposed (December 2019) |
| Clark County Education Association, Employer, and Employees’ Retirement Plan of the National Education Association Pension Plan, American Arbitration Association Case number: 10-29-0000-4728 | Expert report prepared (October 2019); deposed (December 2019); testified at Zoom arbitration (June 2020) |
| American Overseas Marine Company, LLC and Electric Boat Corporation v. American Maritime Officers Pension Plan, American Arbitration Association Case number: 01-18-0003-7367 | Expert report prepared (September 2019); deposed (September 2019); settled prior to arbitration |
| Care One Management, LLC, et al., vs. United Healthcare Workers East, SEIU 1199, et al. | Expert report prepared (November 2018); deposed (February 2019) |
| Energy West Mining Corporation vs. United Mine Workers of America 1974 Pension Fund | Expert report prepared (October 2017); deposed (November 2017); testified at arbitration hearing (December 2017); decision in favor of the Pension Fund |
| Severstal Columbus Holdings, LLC, Plaintiffs, v. Willis of Wisconsin, LLC, Defendants | Expert report prepared (May 2017); deposed (November 2017); testified at jury trial (October 2018) |
| Harsco Corp. vs. Operating Engineers’ Local 324 Pension Fund | Expert report prepared (March 2017); deposed (August 2017); testified at arbitration hearing (October 2017) |
| Titan Equipment East, Inc. vs. Operating Engineers’ Local 324 Pension Fund | Expert report prepared (December 2016) |
| United Mine Workers of America 1974 Pension Plan and Trust v. Peabody Energy Corporation and Peabody Holding Company | Expert report prepared (December 2016); deposed (December 2016); settled before arbitration decision rendered |
| Vivian Shinberg Plaintiff/Counter-Defendant v. Richard Shinberg Defendant/Counter- Plaintiff | Expert report prepared (May 2016); updated (June 2016); testified at bench trial (July 2016) |
| Meriter Health Services, Inc., Plaintiff v. Godfrey & Kahn, S.C., et.al., Defendants | Affidavit filed (March 2016); expert report prepared (September 2016); supplemental expert report prepared (September 2016); deposed (October 2016); updated report prepared (October 2016); deposed (November and December 2016); affidavit filed (February 2017); updated report prepared (May 2017); settled out of court |
| Service Employees International Union National Industry Pension Fund, et. al. Plaintiffs/Counter-Defendants v. Scientific and Commercial Systems Corporation Defendant/Counter/Cross-Plaintiff and Tessada & Associates, Inc. Cross-Defendant | Expert report prepared (January 2016); settled |
| R. J. Stacey LTD vs. Operating Engineers' Local 324 Pension Fund | Expert report prepared (December 2015) |
| Kevin Dolan and a class of similarly situated individuals, Plaintiffs, vs. King County, a political subdivision of the State of Washington, Defendant, and Department of Retirement Systems, Intervenor | Expert report prepared (December 2015); deposed (January 2016); testified in court (May 2016); decided by appeals court |
| International Brotherhood of Teamsters Local No. 710 Health and Welfare Fund, and International Brotherhood of Teamsters Local No. 710 Pension Fund, v. ABF Freight System, Inc., a Delaware Corporation (1:14-cv-3915) | Expert report prepared (June 2015); settled out of court |
| Vista Del Mar Child and Family Services vs. Jewish Federation Council of Greater Los Angeles, as Plan Administrator for the Basic Pension Plan for Employees of Jewish Federation Council of Greater Los Angeles | Expert report prepared (February 2015); deposed (March 2015); settled before commencement of arbitration |
| The Village of Old Brookville, the Village of Brookville, the Village of Upper Brookville, the Village of Matinecock, the Village of Mill Neck and the Village of Cove Neck, Plaintiff against the Village of Muttontown, Defendant | Expert reports prepared (January 2015) |
| The New York Times Company vs. Newspaper and Mail Deliverers'-Publishers' Pension Fund | Expert report prepared (November 2014); deposed (December 2014); testified at arbitration hearings (February 2015, March 2015); arbitrator’s decision in favor of Pension Fund, overturned by the district court, appealed to the Second Circuit; settled prior to ruling of Second Circuit |
| Phipps Houses Services, Inc., v. New York Presbyterian Hospital, as Successor to the Presbyterian Hospital in the City of New York, Royal Charter Properties, Inc. and Royal Charter Properties East, Inc. | Affidavit filed (August 2014); expert report prepared (August 2016); deposed (October 2016); affidavit filed (January 2017); testified at jury trial (June 2017) |
| Jaclyn Santomenno, et. al., v. Transamerica Life Insurance Company, et. al. | Expert report prepared (March 2014); rebuttal report prepared (May 2014); deposed (May 2014); declaration prepared (February 2015); declaration prepared (March 2016); class certified by district court, overturned by the Ninth Circuit |
| Waste Management of New Jersey, Inc. v. Teamsters--Employers Local 945 Pension Fund | Expert report prepared (February 2014); deposed (July 2014); testified at arbitration hearing (April 2015); settled before arbitrator's ruling |
| United Steelworkers v. Specialty Bar Products Company | Testified at arbitration hearing (January 2014); decision in favor of Specialty Bar Products Company |
| Gary McGuire, a Named Fiduciary on Behalf of the Union Carbide Employees' Pension Plan, vs. Metropolitan Life Insurance Company | Expert report prepared (October 2013); deposed (December 2013); supplemental expert report prepared (March 2014); settled out of court |
| Jeffrey E. Perelman, as a Participant in the General Refractories Company Pension Plan for Salaried Employees, vs. Raymond G. Perelman, Ronald O. Perelman, Jason Guzak and General Refractories Company | Expert report prepared (July 2013); deposed (August 2013) |
| In the Matter of Arbitration between Local No. 863 International Brotherhood of Teamsters Pension Plan and American B. D. Company | Expert report prepared (March 2013); testified at arbitration hearing (April 2013); U.S. District Court overruled arbitrator and ruled in favor of American B. D. Company |
| In the Matter of Arbitration Between Teamsters Trucking Employees of North Jersey Welfare Fund, Inc. - Pension Fund and Sanitary Coat Apron Towel Supply, Inc. | Expert report prepared (January 2013) |
| Boris Goldenberg, et al. v. Indel, et. al. | Expert report prepared (December 2012); settled out of court |
| Official Committee of Long Term Disability Plan Participants, on behalf of and as agent for a class of individual participants and beneficiaries under various Nortel Networks Health and Welfare Benefit Plans, Plaintiffs, v. Nortel Networks Inc., et al., Defendents | Expert report prepared (November 2012); settlement approved by court (May 2013) |
| Sharon K. Philpott, an individual, vs. Ernst & Young LLP, a Delaware limited liability partnership, and the Ernst & Young U.S. LLP Members’ Top Hat Plan | Expert report prepared (September 2012); deposed (February 2013); testified at arbitration hearing (March 2013) |
| Allen Glushakow, M.D., Individually, and on Behalf of the Allen S. Glushakow Defined Benefit Pension Plan vs. Joel Boyarsky, Improved Funding Techniques, Inc., and Aviva Life and Annuity Company, as successor in Interest to the Indianapolis Life Insurance Company | Expert report prepared (August 2012); settled out of court |
| Laboratory Medical Consultants vs. Actuaries Unlimited, Inc., et al. | Expert report prepared (March, 2012); settled out of court |
| Martin Sheen, et al. vs. Screen Actors Guild, et al. | Declaration prepared and filed with court (February, 2012); ruling in favor of Screen Actors Guild |
| IRS vs. Peabody Energy Corporation | Testified at IRS hearing, won by Peabody (April 2010) |
| Conkright, Nazemetz, Becker and Xerox Corporation Retirement Income Guarantee Plan, vs. Frommert, et al. (2010 U.S. LEXIS 3479 (Apr. 21, 2010)) | Amicus brief to Supreme Court of United States (2009); decision for Xerox Corporation Retirement Income Guarantee Plan |
| Hurlic, et al. vs. Southern California Gas Company, et al. (Case No.: 05-CV-5027 R (MANx)) | Expert report prepared (2009); settled out of court |
| Charles, et al., vs. PepCo Holdings, Inc., et al. (314 Fed. App. 450 (3d Cir. 2008)) | Expert report prepared, deposed (June 2007); summary judgment for PepCo |
| Kroop, et. al. vs. Duane Reade NY NY, et. al. 00 CIV 9841 (AKH) | Expert report prepared (March, 2004) |
| The American Federation of Musicians and Employers’ Pension Fund | Expert report prepared; testified at multiemployer arbitration (2001-2002) representing management Trustees |
| Weyerhaeuser vs. MetLife | Expert report prepared and submitted to binding arbitration (Summer 1999); decision in favor of Weyerhaeuser |
| Edward Gitlitz v. Compagnie Nationale Air France, U.S. District Ct., Southern District of Florida, Case No. 93-2247-CIV-MOORE, 129 F. 4d 554; 1997 U.S. App. LEXIS 32946 | Expert report supplied; depositions at earlier dates; testified at trial (January 1999); decision in favor of Air France |
| Joe F. Collins v. Compagnie Nationale Air France, U.S. District Ct., Southern District of Florida, Case No. 94-0734-CIV-MOORE, 129 F. 4d 554; 1997 U.S. App. LEXIS 32946 | Expert report supplied; depositions at earlier dates; testified at trial (January 1999); decision in favor of Air France |
| Leonard F. et al. v. Israel Discount Bank of New York, C.A. No. 95-CV-6964 (CLB); 199 F.3d 99; 1999 U.S. App. LEXIS 32096 | Expert report prepared; deposed (February 1998); settled prior to trial |
| Fred L. Tepperman v. MacAndrews & Forbes Group, Incorporated, Sup. Ct. of New York, County of Westchester, Index No. 2481/92 | Expert report supplied; no deposition; case settled during trial (July 1995) |
| Max Garelick v. Rodier Corporation | Expert report prepared (August 1994); settled prior to commencement of arbitration |
| Alexander v. Primerica Holdings Inc., Civil Action No. 89-5151 (AJL) U.S. Dist. Ct. for the District of New Jersey, 822 F. Supp. 1099, 1993 U.S. Dist. LEXIS 7144 | Expert report supplied; deposed; testified at trial (June 1994); settled prior to decision |
| Jacqueline and Crescent Fresca v. Federal Deposit Insurance Company, receivor for the Seamen’s Bank for Savings, U.S. Dist Ct., Southern District of New York, 91 Civ. 3624 (LBS), 818 F. Supp. 554; 1997 U.S. Dist. LEXIS 5072; 16 E.B.C. 2584 | Expert report supplied, testified at trial (March 1994) |
| City of Philadelphia v. Public Employees Benefit Services Corporation, 1994 U.S. Dist. LEXIS 3210, Civil Action No. 93-0048 | Expert report supplied (1992-January 1994); no deposition, case settled prior to trial |
| Frank Landry, et al. v. A.L.P.A., U.S. Dist. Ct. E.D. Louisiana, #86-3196 Section “N” (5), 1994 U.S. Dist. LEXIS 16780 | Expert report supplied (August 1993); deposed, testified at trial. Expert Report used as basis for court directed allocation of trust fund |
| AIP, Inc. v. CIGNA | Advised client regarding settlement negotiations (early 1990’s) |
| Vornado v. Trustees, 826 F.2d 416 (3d Cir. 1987); 1987 U.S. App. LEXIS 12524 | Affidavits and depositions taken, case decided on motion for summary judgment in favor of Trustees (mid 1980’s) |