In May 2011, TDR partners Caesar Tabet and Mark Horwitch reached a confidential settlement on behalf of the owner of a freezer/cooler facility pursuing breach of contract claims against a developer of industrial real estate. The case settled before jury selection after the trial judge granted TDR’s motion to bar the developer’s liability expert from testifying at trial. In getting the case to the trial stage, Caesar and Mark defeated the developer’s motion to compel arbitration, motion to dismiss and motion for summary judgment on the breach of contract claims.