Kevin P. Farrell Of Counsel

     

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Kevin Farrell focuses his practice on commercial litigation, appearing before state and federal courts and their appellate courts. With extensive experience defending clients against a wide variety of serious charges under the most complicated circumstances, Kevin provides innovative and strategic counsel to help his clients make informed decisions and achieve specific business goals. Kevin’s principled and pragmatic approach to commercial litigation makes him adept at finding creative solutions to his clients’ problems through zealous advocacy in disputed litigations and delicate negotiations among firmly entrenched parties.

Kevin represents health care industry clients in business litigations and matters concerning regulatory compliance and government investigations. He works with financial institutions, senior living facility operators and other clients to prepare and implement comprehensive defense strategies in response to state and nationwide class actions and mass actions. Kevin represents clients in the defense of product liability, construction, legal malpractice, insurance coverage and other commercial litigations; he also has represented private and public entities in regulatory investigations and litigations arising out of high-profile aviation and railroad accidents. In addition, Kevin has successfully defended government contractors from claims brought by employees and their dependents for injuries sustained while performing work overseas.

Areas of Focus

Health Care
Kevin represents health care clients in commercial litigations and in matters before state and federal regulatory and prosecuting agencies. He represents health plans and pharmacy benefit managers in payment disputes under state and federal False Claims Act statutes, and in a variety of disputes with providers and other entities, including reimbursement and contract disputes. Kevin represents medical provider networks in managed care litigations and provider selection, payment and removal disputes. He advises health care clients concerning telemedicine, quality assurance, licensing, billing software and general risk management issues; and helps health care companies develop, revise and implement internal policies and procedures to minimize litigation exposure.

Professional Liability & Services
Kevin represents clients that provide risk management solutions for the workers’ compensation, auto, health and disability management industries, and has litigated complex disputes related to disability management and cost containment services and the administration of workers’ compensation claims. Kevin also represents lawyers and other professionals, and has litigated several significant construction disputes.

Class Action Defense
Kevin is skilled at handling class action defense litigations in state and federal court. He leverages Wilson Elser’s network of attorneys to provide a coordinated multi-front defense while containing costs. Kevin strives to simplify complicated cases by bringing motions either for federal multidistrict consolidation or for state and federal coordination, and in many cases obtained early dismissals of named plaintiffs and defeated motions for class certification. Representative cases involve consumer protection statutes, debt collection laws, product liability, fraud, and other statutory and common law claims. 

Product Liability
Kevin has built a strong reputation for defending against product liability claims, and advising clients on issues related to recalls of products, in a variety of industries. He is backed by Wilson Elser’s practice team, among the largest and most diversified in the United States. While Kevin prepares for trial, he coordinates resolution strategies with clients and uses alternative dispute resolution options, including arbitration and mediation, when appropriate. 

Government Contractors
Kevin has successfully defended leading contractors in state and federal courts, including matters involving their release agreements and compensation plans. He obtained dismissal of major tort actions involving injury and death in Iran and Afghanistan, and his practice has included matters interpreted under the laws of Dubai, Afghanistan and Iraq. His most notable cases involve a decision in federal court in the District of Columbia establishing that the Defense Base Act provides the exclusive process and forum for death and injury claims for employees working overseas on United States government contracts. Of equal significance is a decision of the Delaware Supreme Court establishing the binding effect of pre-injury release agreements that apply to the parent corporations and affiliates of contractors. 

Insurance & Reinsurance Coverage
Kevin seeks cost-effective solutions to insurance and reinsurance coverage cases through early assessment and negotiations, alternative dispute resolution and other means. When necessary, he is prepared to take matters to an arbitration hearing or to trial if these serve his clients’ interests. For cases involving bad faith, he provides a particularly aggressive defense and has a high success rate. 

Railroads
Kevin is one of the highly experienced Wilson Elser trial attorneys who also helps railroad clients anticipate and prevent situations that could result in lawsuits or administrative actions. When accidents occur, these attorneys don hard hats, safety vests and go-bags as members of the firm’s 24/7 railroad go-teams, ensuring that potentially exculpatory on-scene evidence is preserved. Kevin is experienced in assisting companies and public authorities with National Transportation Safety Board investigations of transportation calamities.

Representative Matters

Represented nation’s premier owner and operator of senior living facilities in putative class action under state statutory claims. 

Represented client, a North American distributor of plumbing and heating products, in products liability action involving manufacturing, design, installation and use of product; and standards and execution of national recall of related products. 

Obtained summary judgment on behalf of a Maryland-based company that operates, franchises and licenses hotels and timeshare properties throughout the world. The Opinion includes the application of foreign law based on the opinions of an Alternate Justice of the Supreme Court of Panama. The case reinforces that the defendant hotel company is not responsible for all claims arising from all operations completed under, or which customers or guests inaccurately associate with, the hotel’s brand. 

Obtained summary judgment based on federal pre-emption for client in consolidated lawsuit arising out of a train derailment and associated chemical spill and fire. 

Represented defendant in lawsuits arising out of metropolitan area rail crash in which nine people died and scores were injured. Prepared motion that resulted in dismissal of numerous causes of action based on the doctrine of sovereign immunity, and several other successful dispositive and discovery motions. 

Obtained dismissal of government contractor client in $2 billion putative class action brought by civilian government contractor employees who suffered injuries in Afghanistan and Iraq. U.S. District Court concluded that the Defense Base Act preempts plaintiffs’ claims against the numerous contractor defendants and their insurance carriers. 

Obtained a decision from the Delaware Supreme Court upholding the validity of a limitation of liability provision of a foreign service agreement used by government contractor supporting the Department of State’s Civilian Police mission in Afghanistan. The Court’s opinion expanded the enforceability of pre-incident releases under Delaware law and made findings based on the application of foreign law. Prepared winning dispositive motion based on similar arguments in defense of separate civil case arising out of the Civilian Police mission in Iraq. 

Obtained summary judgment based on exclusive remedy provisions of the Defense Base Act in wrongful death case arising from contractor work performed in support of the United States Department of State drug eradication efforts in South America. 

Represented financing subsidiary of automobile company in consumer class actions. Prepared motion to dismiss that secured dismissal of cases, and appellate briefs and related motions for the Fourth Circuit. 

Successfully resolved a significant coverage dispute concerning a financial institution fidelity bond issued to a government-sponsored enterprise; and resolved insurance and re-insurance coverage disputes relating to the Stringfellow Superfund site, government contractors in Iraq, Department of Treasury's Office of Foreign Assets Control sanctions, the False Claims Act, the Electronic Funds Transfer Act and long-tail asbestos claims. 

Defended numerous clients in employment discrimination and professional liability cases, including legal malpractice case arising out of a Title VII action against the U.S. Department of Energy.