Representative Cases

City of Albany v. PepsiCo / SVC Manufacturing, Inc. - (Linn County Circuit Court )

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David Markowitz and Kerry Shepherd were co-lead counsel representing the City of Albany against a wholly-owned subsidiary of PepsiCo, SVC Manufacturing, Inc. PepsiCo contracted to build a $250 million Gatorade and Propel manufacturing facility in Albany, but reneged on the deal. David and Kerry filed a breach of contract suit on behalf of the City to establish PepsiCo’s liability and sought liquidated and expectancy damages arising from lost jobs, water and sewer revenue, franchise fees, infrastructure grants and revenues, taxes, and related losses. The City of Albany prevailed on multiple summary judgment and discovery motions, followed by a successful settlement exceeding $25 million in March 2010.

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Attorneys associated with this case
David B. Markowitz
Kerry J. Shepherd

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Areas associated with this case
Business and Commercial Litigation - Contract Disputes