Cadwalader Wins Reversal in Malpractice Suit over Six Flags Fees in the New York Court of Appeals

On June 2, 2016, the New York Court of Appeals ruled in favor of Cravath client Cadwalader, Wickersham & Taft LLP in a malpractice suit brought by Red Zone LLC, an investment firm owned by Washington Redskins owner Daniel Snyder, seeking fees Red Zone paid to UBS during a proxy battle for Six Flags Inc.

In May 2014, the New York Supreme Court granted summary judgment in favor of Red Zone and ordered Cadwalader to pay $17.2 million (including interest) to Red Zone, which was affirmed by the Appellate Division, First Department, in June 2015. Cravath partner David R. Marriott argued the appeal on behalf of Cadwalader before the New York Court of Appeals on April 27, 2016. The state’s highest court reversed and denied summary judgment for Red Zone, determining that triable issues of fact exist and reinstating Cadwalader’s affirmative defenses of statute of limitation and comparative malpractice.

The Cravath team included partner David Greenwald and associates David F. Lisner, Charles A. Munn, Lauren Roberta Kennedy, Katherine M. A. Pecore and Misty L. Archambault. The case is Red Zone LLC v. Cadwalader, Wickersham & Taft LLP, No. 650318/2011 (N.Y. Sup., App. Div. (1st Dep’t)), No. APL‑2014‑00288 (N.Y.).