Carl W. Hittinger

Partner

Philadelphia
T 215.564.2898  |  F 215.568.3439

"Always well prepared and truly an expert in the field; while he knows how to settle cases, he is willing and able in taking a case through litigation."

Legal 500

A talented and experienced trial lawyer, Carl Hittinger focuses his practice on complex commercial and civil rights litigation with an emphasis on antitrust and unfair competition matters. His more than 35 years of experience handling "bet-the-company" litigation and successfully trying lengthy jury and non-jury cases have honed Carl's skills in the courtroom and in counseling clients on all aspects of civil and criminal antitrust and unfair competition law. Carl has resolved high-end, complicated cases for both plaintiffs and defendants in courts and before agencies across the United States throughout his comprehensive career. Clients have praised Carl for his ability to "accurately predict the way the courts are moving in their application of various legal doctrines" (Legal 500).

Known for his insight into antitrust and other complex litigation concerns, Carl is a frequent author and speaker on such topics. He is a monthly columnist on antitrust issues for The Legal Intelligencer, America's oldest daily law journal and a trusted source for Pennsylvania legal news, information, and analysis. He has been recognized as a Pennsylvania Super Lawyer in the area of Antitrust Litigation since 2004. Carl is the Litigation Group Coordinator for the firm's Philadelphia office.

Select Experience

  • After nine years of complex and contentious litigation, successfully obtained dismissal by the Court of Appeals for the Third Circuit of all antitrust and unfair competition claims brought against California-based Bobrick Washroom Equipment, Inc., by a rival competitor which sought more than $31 million in damages and fees. The decision was affirmed by the Supreme Court.
  • After four years of costly and complex litigation, successfully resolved antitrust case for client Church & Dwight Co., Inc., by having a federal court in California grant summary judgment on the eve of trial on all antitrust claims brought by a competitor claiming Church & Dwight's marketing practices concerning Trojan condoms constituted illegal monopoly conduct. Church & Dwight v. Mayer Laboratories, 2012 WL 1231801 (N.D. Cal.) The FTC also agreed to close its parallel three-year highly-publicized investigation of Church & Dwight under Section 5 of the FTC Act for the same conduct, without any conditions being imposed, no consent decree request, and the FTC agreed to destroy all documents.
  • Defended client against shareholder actions, which resulted in dismissal and sanctions against plaintiff's counsel. Garr v. US Healthcare, Inc., 22 F.3d 1274 (3rd Cir. 1994)
More »

Experience

  • After nine years of complex and contentious litigation, successfully obtained dismissal by the Court of Appeals for the Third Circuit of all antitrust and unfair competition claims brought against California-based Bobrick Washroom Equipment, Inc., by a rival competitor which sought more than $31 million in damages and fees. The decision was affirmed by the Supreme Court.
  • After four years of costly and complex litigation, successfully resolved antitrust case for client Church & Dwight Co., Inc., by having a federal court in California grant summary judgment on the eve of trial on all antitrust claims brought by a competitor claiming Church & Dwight's marketing practices concerning Trojan condoms constituted illegal monopoly conduct. Church & Dwight v. Mayer Laboratories, 2012 WL 1231801 (N.D. Cal.) The FTC also agreed to close its parallel three-year highly-publicized investigation of Church & Dwight under Section 5 of the FTC Act for the same conduct, without any conditions being imposed, no consent decree request, and the FTC agreed to destroy all documents.
  • Defended client against shareholder actions, which resulted in dismissal and sanctions against plaintiff's counsel. Garr v. US Healthcare, Inc., 22 F.3d 1274 (3rd Cir. 1994)
  • Obtained successful dismissal of student due process litigation against university client. Herbert v. Reinstein, Temple University School of Law and Temple University, 1994. US Dist. LEXIS 15234 (E.D.Pa. 1994), affirmed in part and reversed in part, 70 F.3d 1255 (3d Cir. 1995)
  • Represented plaintiffs in Americans with Disabilities Act case, which was successfully reversed on appeal concerning issues of religious exemption. Doe v. Abington Friends School, 480 F. 3d 252 (3d Cir. 2007)
  • Involved in class action antitrust litigation against chemical manufacturing client resulting in denial of class certification and eventual settlement. AM/COMM Antitrust Litigation
  • Involved in individual antitrust action against chemical manufacturing client resulting in eventual settlement. DASA Antitrust Litigation
  • Represented client in individual antitrust action for bid rigging, boycotting, and price fixing, resulting in early settlement by all defendants except client chemical manufacturer. Matter was fully litigated by client, resulting in insignificant settlement for costs. Horizons v. FMC. et al. (E.D. Pa. 1987)
  • Served as court-appointed liaison counsel for defendants in class action alleging price fixing and bid rigging in the chemical industry. Case was settled on the eve of trial by client after all other defendants had settled. Involved in subsequent class action litigation brought on behalf of indirect purchasers. Class certification was denied and case severely limited through motions to dismiss. City of Philadelphia v. FMC. et al. (E.D. Pa. 1989); City of St. Paul v. FMC. et al. (D. Minn. 1991)
  • Represented client in individual antitrust action alleging price fixing and monopolistic conduct in the plastics industry. Case was settled and client was not sued. H&W v. Formosa Plastics (N.D. Miss. 1992)
  • Involved in Florida criminal antitrust investigation by the Florida Attorney General's Office of chemical manufacturers and distributors for possible price fixing and bid rigging. No prosecutions were brought. Florida Antitrust Investigation (1992)
  • Involved in criminal antitrust investigation by Ohio Attorney General's Office of chemical manufacturers and distributors for possible price fixing and bid rigging. No prosecutions were brought against client. Ohio Antitrust Investigation (1992)
  • Involved in civil class action and Department of Justice criminal antitrust investigation against food processor client and other processors for price fixing and bid rigging. Catfish Antitrust Litigation (E.D. Pa. and N.D. Miss. 1993)
  • Represented client in civil action alleging price discrimination and related conspiracy by client in the residential boiler industry. Summary judgment was granted on price discrimination claim. L&L v. Peerless Industries (M.D. Pa. 1995)
  • Involved in Department of Justice criminal antitrust investigation of possible bid rigging for government contracts. Investigation concluded without indictment. Pharmaceutical Antitrust Investigation (E.D. Pa. 1995)
  • Involved in civil action for predatory pricing and attempted monopolization by clients. American International Container v. Diaz-Oliver v. Wheaton Industries (S.D. Fla. 1995)
  • Represented client in civil action involving anticompetitive real estate restrictive covenant. Case settled after trial while appeal was pending. Acme Markets v. Giant Food. Inc. and Wharton Hardware (D.N.J. 1996)
  • Represented client in class and individual litigation against drug manufacturers and others alleging price discrimination and other conspiratorial activities. Brand Name Prescription Drug Antitrust Litigation (N.D. 111. 1996)
  • Represented client alleging antitrust civil action for sham litigation and related anticompetitive conduct. Baltimore Scrap Corp. v. David J. Joseph Co. et al. (D. Md. 1996)
  • Represented client in civil action for false and misleading advertisements and related alleged anticompetitive conduct. Case was voluntarily dismissed by plaintiff. Santana Products. Inc. v. Sylvester & Associates (E.D. N.Y. 1998)
  • Represented client against civil action for franchise termination and fraud. Obtained directed verdict for client after a seven-week jury trial. Sanctions assessed against plaintiff for improper substitution of expert and seven experts excluded under Daubert. Case eventually settled after lengthy jury trial. LCC v. Sara Lee Corp. (D.N.J. 1997)
  • Represented manufacturing client in civil action for false and misleading statements, predatory pricing, price discrimination, and related anticompetitive conduct by competitor against client. Litigation settled on eve of jury trial. Peerless Heater Co. v. Mestek. Inc., et al. (E.D. Pa. 1998)
  • Represented road construction client in civil dispute with antitrust counterclaim for conspiracy to restrain trade. Case was settled during jury trial. Shore Slurry Seal v. Koch Industries (E.D. Pa. 1999)
  • Represented hospital client in civil action for false and misleading statements, related monopolistic and conspiratorial conduct by clients in alleged violation of antitrust laws and Lanham Act. Case voluntarily withdrawn by plaintiff after discovery was completed and subsequently dismissed by court with prejudice. Ellen Memorial Health Care Center. Inc. v. Wayne Memorial Health System. Inc., et al. (M.D. Pa. 2001)

Recognitions

  • Legal 500: Recognized in Antitrust
  • Public Interest Law Center of Philadelphia: Thaddeus Stevens Partnership Award (2013)
  • The Legal Intelligencer: Unsung Heroes award (2012)
  • Burton Award for Legal Writing Achievement: "The Diminishing Role of the Private Attorney General in Antitrust and Securities Class Action Cases Aided by the Supreme Court," Journal of Business and Technology Law (2010)
  • Pennsylvania "Super Lawyer" (2004 to present)
    • Corporate Counsel Edition: Antitrust Litigation (2009)

Memberships

  • America Bar Association: Antitrust Law Section
  • Pennsylvania Bar Association
  • Philadelphia Bar Association: Federal Courts and Antitrust Law Committees
  • District of Columbia Bar Association: Antitrust Law Committee
  • American Health Lawyers Association
  • Phi Beta Kappa

Pro Bono

  • Member of team in case alleging racial discrimination of students through special education placement (Blunt v. Lower Merion School District). Team served as co-counsel with the Public Interest Law Center of Philadelphia (PILCOP) in a lawsuit centered around claims that Lower Merion School District systematically discriminated against African-American students by disproportionately and inappropriately placing them in special education programs and the lowest level classes. In 2013, PILCOP presented team with the Thaddeus Stevens Partnership Award in recognition for their support in the case.

Services

Prior Positions

  • DLA Piper
    • Antitrust and Trade Regulation Group: Co-chair
    • Head of Litigation Group in Philadelphia
  • Stevens & Lee
    • Antitrust Group: Chair
  • Law Clerk for the Honorable Chief Judge Emeritus Louis C. Bechtle of the United States District Court for the Eastern District of Pennsylvania

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Middle District of Pennsylvania
  • District of Columbia
  • Pennsylvania

Education

  • J.D., Temple University School of Law, 1979; Research Editor, Temple Law Review; Moot Court Board
  • B.A., Temple University, summa cum laude, with honors