Buchalter Wins Complete Defense Jury Verdict to End RICO and Antitrust Case
On August 28, 2023, a trial team from Buchalter obtained a complete defense jury verdict for long-time client WhiteWater West Industries, Ltd., the world’s leading maker of water park equipment, in a case that began as a $200+ million RICO and antitrust lawsuit alleging various acts of supposed racketeering and monopolization of the market for surfing simulator machines. The case, which was tried before Judge Roger Benitez in the U.S. District Court for the Southern District of California, arose from prior patent and contract litigation between WhiteWater and San Diego-based Pacific Surf Designs, Inc. (PSD) regarding certain surfing simulator technology. After a two week trial featuring testimony from eleven witnesses, including the CEOs of WhiteWater, PSD, and a third company, the jury returned a unanimous verdict after only one hour of deliberations, finding that WhiteWater had acted properly in pursuing litigation in the prior case, and thus had not engaged in any anticompetitive conduct.
The trial team was led by shareholders Joshua M. Robbins and Roger L. Scott, joined by attorney Ali C. Montes and co-counsel from Crowell & Moring LLP.