A team from international law firm McDermott Will & Schulte secured a jury verdict on behalf of Kaiser Aluminum Warrick, LLC (Kaiser) in a trial against US Magnesium, LLC (US Magnesium) in the United States District Court for the Southern District of New York.

On Friday, July 25, the jury returned a verdict for Kaiser, rejecting US Magnesium’s defenses that it was relieved of its obligation to supply Kaiser with magnesium based on purported catastrophic equipment failures and the purported inability to make repairs due to alleged COVID-related supply chain issues. As a result, as per a judgment entered by the Court on August 8, US Magnesium is required to reimburse Kaiser for the approximately $55 million in higher magnesium costs that Kaiser had to pay other magnesium suppliers because of US Magnesium’s failure to meet its supply obligations to Kaiser plus approximately $12.9 million in pre-judgment interest.

“We are pleased with the jury’s verdict in this case, and gratified that they swiftly rejected US Magnesium’s defenses,” said Andrew Kratenstein, New York co-lead of McDermott’s Litigation Practice Group, who led the case. “We look forward to continuing to support Kaiser moving forward as it seeks to enforce the judgment that we obtained.”

In addition to Kratenstein, McDermott’s team included partners Monica Asher and Timothy Cramton and associates Sindi Cela and Jessica Wisniewski who worked together with co-counsel Tre Fischer at Jackson Walker LLP.

Kaiser is an indirect, wholly owned subsidiary of Kaiser Aluminum Corporation, a leading producer of aluminum products used in the food and beverage packaging industry.

This judgment was rendered in Kaiser Aluminum Warrick, LLC v. US Magnesium LLC (No. 22-cv-03105, S.D.N.Y.).

Leading organizations turn to global law firm McDermott Will & Schulte for a better way to address legal challenges, connect with those at the forefront, and drive stronger outcomes. Working across more than 20 offices globally, our 1,750+ lawyers act on data-driven insights, deep relationships, and unmatched industry experience to deliver on our commitment of Always Better.

McDermott Will & Schulte is pleased to announce Daniel (Dan) Pascucci has joined the firm as a partner in the Litigation Practice Group, based in San Diego. Dan joins from Mintz, where he served as Co-Chair of the Cross-Border Asset Recovery practice and brings experience in complex cross-border asset recovery, fraud investigations, and high-stakes litigation.

Dan represents clients in international judgment enforcement, fraud recovery, and asset tracing matters, often involving litigation funders and multinational stakeholders. He performs asset recovery from prominent US and international tax shelters in the world’s most complex multinational fraud schemes. Additionally, Dan is well versed in alternative dispute resolution strategies, having successfully handled dozens of high-stakes arbitrations under both domestic and international rules.

“Dan is a standout litigator whose cross-border enforcement and fraud recovery experience will be a tremendous benefit to our clients,” said Josh Simon, Global Head of McDermott’s Litigation Practice Group. “His practice aligns seamlessly with our strengths in bankruptcy, cryptocurrency, and international arbitration, as well as global privacy and tax matters. Dan is joining at an ideal time, as we’ve just combined with Schulte Roth & Zabel and are continuing to build a world-class litigation platform.”

In addition to asset and fraud recovery, Dan supports clients across a range of industries in false advertising, unfair competition, RICO, and fraud disputes. He frequently performs investment diligence and asset recovery for litigation investment funds.

“McDermott’s global reach, collaborative culture, and commitment to innovation make it the ideal place to grow my practice,” Dan said. “I’m eager to deliver first-rate client service on the new McDermott Will & Schulte platform.”

Leading organizations turn to global law firm McDermott Will & Schulte for a better way to address legal challenges, connect with those at the forefront, and drive stronger outcomes. Working across more than 20 offices globally, our 1,750+ lawyers act on data-driven insights, deep relationships, and unmatched industry experience to deliver on our commitment of Always Better.