Baxter International, Inc. ERISA Litigation

Plaintiffs filed a case under ERISA alleging breaches of fiduciary duties by Baxter and several related defendants. Compass Lexecon expert Daniel R. Fischel filed reports on behalf of the defendants demonstrating that the economic evidence is inconsistent with plaintiffs’ claim that the Baxter Common Stock Fund was an imprudent investment and that plaintiffs’ experts’ causation and damages analyses were flawed. On May 3, 2010, Judge Gottschall of the U.S. District Court for the Northern District of Illinois Eastern Division granted defendants’ motion for summary judgment and denied plaintiffs’ motion for partial summary judgment. A team from our Chicago office including Mike Keable, Kevin Dages, Jen Milliron, Gina Vinogradsky, Cliff Ang, and Evan McKay worked on the case. We worked with Matt Kipp, Donna McDevitt, and Andrew Fuchs of Skadden, Arps, Slate, Meagher & Flom LLP.