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On July 27, 2010, following a six-week trial in Maricopa County Superior Court, a unanimous ten-member jury awarded a  $110,658,800 verdict to Simpson Thacher client Gray Development Group.

In 2004, Gray bought a 41-acre parcel of land in a master-planned community in Phoenix called Desert Ridge for $32 million.  Northeast Phoenix Partners, an entity controlled by a Chicago-based developer, held the title of “master developer” of Desert Ridge and was planning the development of a competing project across the street from Gray’s parcel.  Gray contended (and the jury concluded) that defendant Northeast Phoenix Partners abused its power as master developer to interfere with the city planning and zoning process in order to thwart Gray’s efforts to successfully develop its parcel and to eliminate the project as a potential competitor. 

The unanimous jury found for Gray on its claims of breach of contract, breach of fiduciary duty, breach of the covenant of good faith and fair dealing, and tortious bad faith.

Barry Ostrager and Michael Kibler presented the case with Mike Kibler serving as lead trial counsel.  The trial team also consisted of Los Angeles litigation associates Jonathan Weiss, Nicholas Melzer, and Benjamin Gold, as well as New York litigation associate Rachel Weiss, and Summer Associates Josh Polster, Rachel Agress and Colin Rolfs, with tireless assistance from paralegals Amanda Smick and Loretta Washienko.  IT specialist Marlon Bonny provided necessary tech support.