W. Brad Nes

Brad has experience litigating complex business disputes involving a wide range of claims, including breach of contract, business torts, consumer fraud and unfair business practices, class actions, and civil RICO violations. In the insurance area, he has represented policyholders in disputes involving general liability, property, fidelity and crime, professional liability, and mortgage insurance policies.

Brad also maintains an active pro bono practice representing clients in significant civil rights and constitutional litigation before trial and appellate courts across the United States, including the US Supreme Court. He received the Outstanding Achievement Award from the Washington Lawyers Committee for Civil Rights and Urban Affairs, where he currently serves on the Board of Directors.

Prior to joining Morgan Lewis, Brad was a law clerk to Judge Sam R. Cummings of the US District Court for the Northern District of Texas (2005–2006).

Insurance Recovery Litigation

• Representation of a government contractor in the US District Court for the District of Alaska in insurance coverage action regarding alleged property damage to the Port of Anchorage. 
• Representation of an engineering and technical services corporation in the US District Court for the Eastern District of Virginia in insurance coverage action regarding alleged employee theft.
• Representation of a trade group of major corporate policyholders as amicus before the Supreme Court of Texas in insurance coverage action regarding the duty to defend US EPA actions. 
• Representation of an insulation company in the US District Court for the District of Maryland in insurance coverage action concerning the defense and indemnity of toxic tort claims.
• Representation of a multinational banking and financial services corporation in two related insurance coverage actions in North Carolina state court regarding defaulted first – and second lien mortgages.
• Representation of oil field services company in an ad hoc Bermuda international arbitration regarding insurance coverage arising out of significant oil spill litigation.
• Representation of diversified manufacturer in California state court concerning the defense and indemnity of toxic tort claims. 

Environmental Litigation

• Secured a trial verdict after a two-month bench trial for an oil field services company in a multidistrict litigation in the US District Court for the Eastern District of Louisiana involving the oil spill by the Deepwater Horizon oil rig in the Gulf of Mexico.
• Representation of the nation’s largest manufacturer of air-cooled heat exchangers in a breach-of-contract and breach-of-warranties action in the US District Court for the District of Minnesota alleging that a product caused two multiday shutdowns of a crude-oil refinery.
• Representation of a multinational food and beverage company in a civil action in the US District Court for the Southern District of Ohio seeking recovery of response costs under CERCLA for alleged releases of hazardous substances at the South Dayton Dump and Landfill.
• Representation of a Fortune 100 company in a negligence, breach-of-contract, and breach-of-warranties action in Maryland state court alleging that a residential townhome contained toxic mold infestation. 

Commercial and Business Tort Litigation

• Secured an arbitration award after a multiday evidentiary hearing for a global chemical products producer in a New York City arbitration regarding a breach-of-energy services agreement for the procurement of coal to operate manufacturing plant.
• Representation of a real estate developer in a procurement action before the D.C. Contract Appeals Board, the Superior Court for the District of Columbia, and the District of Columbia Court of Appeals regarding construction of the proposed Washington Convention Center Headquarters Hotel.
• Representation of one of the nation’s largest 501(c)(3) organizations in a multimillion-dollar civil RICO and malicious prosecution action in the US District Court for the District of Columbia.
• Representation of a leading medical devices manufacturer as emergency post-trial counsel in the US District Court for the District of New Mexico challenging a $40 million punitive damages award. The court remitted the punitive damages award to $4 million, a $36 million reduction.
• Representation of a retail pharmacy client in a breach-of-contract and specific-performance action regarding a lease agreement for the construction of a drug store in Alexandria, Virginia.

Class Action Litigation

• Secured the dismissal of a consumer class action in the US District Court for the Northern District of Ohio for nationally-known retail pharmacy client involving allegations of breach of contract and unjust enrichment, as well as violations of state statutes regarding the sale of prescription medications.
• Secured the dismissal of a consumer class action in the US District Court for the Eastern District of Pennsylvania for a nationally-known retail pharmacy client involving allegations of breach-of-contract and breach-of-warranties regarding the sale of over-the-counter medications.