John F. Kinney

In re Vitamins Antitrust Litigation, MDL Docket No. 1285 (D.D.C. 1999-2003). Counsel for plaintiffs Cargill, Coca-Cola, Agribrands International, Iams Pet Foods, Carl S. Akey, Inc., Ralston Purina and RalCorp to recover overcharges on vitamin purchases inflated by longstanding and highly effective international cartel among all major vitamin producers.

In re Sorbates Antitrust Litigation, (N.D. Cal. 1999-2001). Represented Kraft Foods, Ralston Purina and Dean Foods in antitrust action to recover overcharges on sorbate purchases resulting from a multi-tiered international conspiracy among leading sorbate producers.

In re Carbon Dioxide Antitrust Litigation, MDL Docket No. 940 (M.D. Fla 1992-96). Counsel for numerous large direct purchasers of liquid carbon dioxide including Anheuser-Busch, Cargill, Coca-Cola Enterprises, PepsiCo, Sara Lee, Campbell Soup and IBP.

In re Corrugated Container Antitrust Litigation, MDL Docket No. 310 (S.D. Tex.) Counsel for Kraft, Anchor Hocking, Armour & Co. and Wilson Foods to recover overcharges stemming from price-fixing conspiracy among leading producers of corrugated containers.

In re Folding Carton Antitrust Litigation, MDL Docket No. 250 (N.D. Ill. 1977-1980). Represented Kraft Foods and Sun-Maid Raisin Growers as among the very first direct action opt-out plaintiffs following the Supreme Court’s decision in Illinois Brick Co. v State of Illinois, 431 U.S. 720 (1977).

In re Pancreas Glands Antitrust Litigation (N.D. Ill.). Represented major beef and pork packers to recover damages resulting from conspiracy to depress the prices paid to packers for pancreas glands used to produce insulin.

U.S Futures Exchange, LLC v Board of Trade of City of Chicago, Inc. and Chicago Mercantile Exchange, Inc. (N.D. Ill). Represented CME in antitrust action brought by Eurex's U.S. subsidiary alleging attempts to monopolize trading of U.S. Treasury futures. Developed evidence that USFE's failure to attract customers and trading volume was because of its own failure to provide necessary liquidity and functional trading platform to incentivize customers to trade USFE's Treasury products. Case ultimately was dismissed.

Wabash Valley Power Ass’n, Inc. v Northern Indiana Public Service Co. (N.D. Ind. 1983). As part of antitrust action settlement after expedited fact discovery, NIPSCO agreed to wheel power to serve Wabash Valley’s distribution cooperative members in NIPSCO’s service area years before deregulation of electric utility industry.

Krubur, Inc. v Olin Corp. (N.D. Ill. 1973-75). Favorable jury verdict for KBI after three-week jury trial on claims of attempt to monopolize and trade slander.

FTC v Markin, 532 F.2d 541 (6th Cir. 1976). Represented major Chicago taxicab operators and numerous interlocking corporate affiliates in FTC investigation.

Wabash Valley Power Ass’n, Inc. v Public Service Co. of Indiana (S.D. Ind. 1984-1990). Counsel for Wabash Valley in prosecuting securities fraud and civil RICO claims against PSI and others regarding Wabash Valley’s 17% ownership interest in the Marble Hill nuclear power plant.

Represented Central Vermont Public Service Company in its successful challenge to the New Hampshire Electric Utility Restructuring Act. Public Service Co. of New Hampshire v Patch, 221 F.3d 198 (1st Cir. 2000), aff’g, 87 F. Supp. 2d 57 (D. R.I. 2000).

Jay County REMC v Wabash Valley Power Ass’n, 692 N.E.2d 905 (Ind. App. 1998). Represented Wabash Valley in successfully obtaining preliminary injunction requiring a member system to honor its wholesale power supply contract and to continue to purchase long-term, all-requirements power from Wabash Valley.

Northeastern Rural Electric Membership Corporation v Wabash Valley Power Ass’n, Inc., 56 N.E.3d 38 (Ind. App. 2016). Represented Wabash Valley in obtaining summary judgment that member system’s breach of wholesale power supply contract claim was time barred and required member to honor its ten-year buyout agreement.

Mr. Kinney also has represented clients in contested FERC proceedings involving claims for early termination of long-term, all-requirements power supply contracts and related stranded cost obligations.

In re Wabash Valley Power Ass’n, Inc., 72 F.3d 1305 (7th Cir. 1995). Part of the team that represented Wabash Valley in its highly contentious and ultimately successful Chapter 11 proceeding that included multiple appeals to the Seventh Circuit as the Department of Justice, acting on behalf of the Rural Electrification Administration, twice sought to pre-empt Indiana law and impose massive rate increases to recover REA loans for Wabash Valley’s 17% ownership stake in the canceled Marble Hill nuclear plant. The litigation included extensive proceedings on valuation and many other topics as well as successful arguments that REA’s proposed reorganization plan was unlawful and that Wabash Valley’s members’ retaining ownership and control of the post-reorganization Wabash Valley did not violate the absolute priority rule. See, e.g., Wabash Valley v REA, 713 F. Supp.1260 (S.D. Ind. 1989), aff’d, 903 F.2d 224 (7th Cir. 1990) and Wabash Valley v REA, 773 F. Supp. 1178 (S.D. Ind. 1991), aff’d, 988 F.2d 1480 (7th Cir. 1993).

Assisted party-appointed neutral in two arbitral proceedings to set the public performance royalty rate that U.S. terrestrial radio broadcasters must pay songwriters affiliated with a leading performance rights organization over multi-year licensing terms.

Mr. Kinney has assisted Parr Richey colleagues in defending several rural electric distribution cooperatives in personal injury actions seeking substantial damages for electrocution and other catastrophic injuries.

Mr. Kinney also represents Wabash Valley Power Association in an action filed in Madison County, Illinois claiming that the plaintiff’s decedent died of mesothelioma as a result of being exposed to asbestos-containing materials at various power plant locations.