A selection of recent successes includes representing:
- A multinational corporation in obtaining summary judgments in dozens of cases in the federal multidistrict litigation (MDL) and in state courts where plaintiffs were alleging that GE was liable for insulation applied by the Navy to marine steam turbines it sold to the Navy.
- A client in a seven-year trial of 20 test cases in Montreal involving urea formaldehyde foam insulation resulting in a defense verdict that was upheld on appeal by the Quebec Court of Appeals. Obtained significant award of costs and fees for the client.
- A client in a defense jury verdict in claims of 500-member class for personal injury and property damage alleged to have been caused by a refinery leak. The verdict was upheld by the Indiana Court of Appeals, Indiana Supreme Court and the cert petition was denied by the U.S. Supreme Court.
- A manufacturing company in remediation of a foundry waste landfill located in a residential community. As a result of a proactive community outreach program, fewer than 60 of the hundreds of homeowners filed suit, and these were settled at minimum cost.
- The owner of a long dismantled facility in quickly designing a proactive cleanup plan following the migration of groundwater contamination into a residential neighborhood. As a result of open and candid communication with the community about the conditions and the cleanup work, no suits have been filed.
- A manufacturing company in the defense of more than 70 suits filed in the aftermath of a tank car explosion in Alaska (on the heels of the Valdez rupture). Obtained summary judgment and reimbursement of all attorneys’ fees, including in-house counsel’s expenses.
- Privately owned electric utilities in the American Electric Power suit brought by several states, New York City and advocacy groups alleging that the utilities’ CO2 emissions constitute a public nuisance through their contribution to global climate change. Prevailed in the U.S. Supreme Court 8-0 and in the 5th and 9th Circuits.
- Numerous manufacturing companies in class action suits involving claims for personal injury, wrongful death, medical monitoring and property devaluation due to alleged contamination from a variety of industrial facilities.
- Refineries in class actions seeking damages for personal injuries, property devaluation and medical monitoring following petroleum product infiltration into homes.
- Manufacturing companies in the defense of public nuisance and trespass claims brought by State Attorneys General alleging that water discharges contaminated river and canal sediments.
- A pipeline company in a multistate class action involving claims for property value diminution and personal injuries due to alleged PCB spills. Defeated class certification and claims essentially disappeared shortly afterward.
- A lead paint manufacturer in connection with purported class actions potentially involving tens of thousands of plaintiffs seeking medical monitoring costs in which we obtained dismissal of the complaint in its entirety.
- A manufacturing company in a class action suit in Alabama involving claims for diminution of property value and fear of cancer as a result of alleged contamination from an industrial facility.
- A petroleum company in connection with federal and state class actions arising out of groundwater contamination from a former refinery. Negotiated an innovative settlement creating a mandatory class for injunctive relief and cost-effective alternative dispute resolution procedure for damage claims. Defended settlement in the 8th Circuit against attack by over 100 objectors. Also tried two-week jury trial brought by opt-outs.
- A food and textile company in connection with a major toxic tort case involving alleged contamination of public drinking water with Cryptosporidium, which was resolved in a structured class action settlement.
- An oil company in connection with a class action suit brought by neighboring property owners for diminution in property value due to alleged air and groundwater releases into the community from a petroleum terminal. Worked with experts and local counsel to develop aggressive proactive response to plaintiffs’ allegations. Suit was voluntarily dismissed after the named plaintiff’s deposition.
- A steel manufacturer in a claim brought by numerous neighbors of a plant who alleged physical injuries, emotional distress and diminution in property value as a result of toxic air emissions and dust.
- The owner of a chemical manufacturing facility in defense against personal injury, property damage and “environmental justice” claims brought by hundreds of neighboring homeowners due to alleged benzene emissions.
- A pesticide manufacturer against claims for personal injury, property damage and lost profits after a major pesticide spill into a river from a train derailment.
- A utility in connection with a suit brought by residents and the owner of a municipal water supply alleging that chemical discharges from a facility had contaminated the community’s drinking water. On a motion to dismiss, we were able to narrow the case and eliminate potentially significant statutory and punitive damage claims.
- Manufacturers who discharged into a municipal wastewater treatment plant in Puerto Rico against two putative class actions brought by several thousand neighboring residents. Claims included personal injuries and property damages due to alleged noxious odors, toxic air emissions and damage to the ocean fishery caused by effluent from the treatment plant.
- A landfill owner in Maryland against a suit brought by an adjoining property owner and developer seeking cleanup costs, civil penalties, diminution of property value, lost profits and punitive damages based on alleged releases into groundwater. Obtained dismissal of several counts, which then resulted in a favorable settlement for the landfill owners.
- A food products company in connection with more than a dozen suits filed in Nebraska claiming property damages and personal injuries as a result of hydrogen sulfide emissions from wastewater lagoons at a slaughterhouse tannery facility.
- A paper company against claims that nitrate contamination in groundwater (resulting from the land spreading of paper sludge) caused miscarriages and other personal injuries.
- A fertilizer company in suits in Florida and Louisiana alleging acute injuries due to releases of ammonia from our clients’ facilities.
- A waste management company in connection with a lawsuit brought by neighbors of a landfill complaining that the landfill had contaminated groundwater, resulting in diminished property values and personal injuries.
- A client in negotiating with the EPA and defending toxic tort suits filed by former and current residents of a large, turn-of-the-century luxury condominium building on property outside New York City. A Superfund investigation was launched by the EPA after mercury contamination forced the evacuation and quarantine of the property, which had last been owned by our client more than 50 years ago.