Paul Hastings Prevails in Second Circuit Appeal, Defeats Claim for $112M in Damages on Behalf of RWE Clean Energy

Paul Hastings LLP secured a major victory for RWE Clean Energy (formerly known as RWE Renewables Americas LLC), the U.S.-based subsidiary of the major German utility, RWE AG, in the U.S. Court of Appeals for the Second Circuit. The Second Circuit panel unanimously affirmed a post-trial decision issued by Judge Jennifer L. Rochon of the Southern District of New York. The trial victory and subsequent affirmance, both secured by Paul Hastings, allow RWE to avoid paying over $112 million in damages. 

The Second Circuit’s decision, which will be a published, precedential opinion, creates a new standard for determining the effect of a denial of leave to amend a complaint on the application of res judicata. The opinion will likely be heavily cited throughout the Second Circuit for years to come.   

Complex Litigation co-chair Susan Leader led the Paul Hastings team, which included Appellate chair Ben Snyder, of counsel Paul Gross and Ben Gifford and associate Jason Denaburg. 

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