Cases
Representative Matters: In re Bogalusa Chemical Release: Louisiana State Court. Trial counsel for Gaylord Chemical Company in a class action relating to the 1995 chemical release from a railcar on client's property. After four-month jury trial, won a favorable verdict for client. Before trial, successfully precluded the vast majority of plaintiffs' expert testimony through Daubert challenges
a two-week evidentiary Daubert hearing.
Robichaux v. Dow Chemical: Louisiana State Court. Trial counsel for Dow Chemical in a groundwater contamination class action involving vinyl chloride. Although Dow had voluntarily agreed with EPA
LDEQ to implement a monitored natural attenuation remedy, plaintiff class sought a $400 million pump
treat remedy. After a phased bench trial lasting over the course of two years, the Court dismissed plaintiffs' punitive claims
found that Dow's remedy was adequate
protective of the health
welfare of the class
ordered the posting of a $3.2 million performance bond.
CytoLogix v. Ventana: S. District Court of Massachusetts. Trial counsel for Ventana in antitrust action. After three-week jury trial, achieved complete defense verdict in antitrust case. Eliminated half of plaintiff's claimed damages on a sidebar objection when noticed that the plaintiff expert had substituted a new schedule of estimated lost sales. Successfully opposed plaintiff's post-trial motions.
City of Modesto v. Dow Chemical, et al.: Superior Court of California. Trial counsel for Dow Chemical in a groundwater contamination
products liability case involving PCE. Won a complete defense verdict for Dow Chemical after a seven-month jury trial. Prior to case going to the jury, won directed verdict on 29 of the 30 sites for which Plaintiffs sought damages.
Smith v. Union Carbide, et al.: California State Court. Lead trial counsel for Union Carbide in a products liability case. Plaintiff claimed that his mesothelioma was caused by exposure to Union Carbide asbestos. After a multi-week jury trial, complete defense verdict. Jury found no exposure.
Betty Bello v. Dow Chemical: Louisiana State Court. Trial counsel for Dow Chemical in a premises asbestos case. The decedent plaintiff claimed that her peritoneal mesothelioma was caused by take home exposure from Dow's Louisiana facility. Complete defense verdict
reported as the first defense verdict of its kind in Louisiana. The Court found that plaintiff had failed to prove causation
that plaintiff's disease was idiopathic.
City of Modesto v. Dow Chemical, et al.: Superior Court of California. Trial counsel for Dow Chemical in a PCE contamination bench trial under California's Polanco Act. Won a complete defense verdict for Dow.
In re MTBE, U.S. District Court, S.D.N.Y.: Counsel for BP in nationwide class action. Plaintiff class of private well owners alleged contamination from the gasoline additive MTBE. After full discovery
briefing, the Court denied plaintiffs' motion for certification.
Adams v. BP Products North America Inc.: North Carolina Superior Court. Lead counsel for BP in products liability
groundwater contamination action involving MTBE. Briefed, argued
won summary judgment for client. The court granted summary judgment based in part on plaintiffs' expert's inability to render a valid opinion as to timing of a petroleum release. The court noted that plaintiffs' expert had originally offered such an opinion, but was then forced to disavow this opinion under cross examination at deposition.
Retsky v. PWC: U.S. District Court for the Northern District of Illinois. Counsel for PWC in a class action securities fraud case. After winning pre-trial motion in federal court, case was arbitrated
settled favorably for client
Briggs & Stratton v. Murray Liquidating Trust: U.S. Bankruptcy Court for the Middle District of Tennessee. Counsel for Briggs & Stratton. Brought action for Briggs & Stratton in bankruptcy court against Trustee seeking repayment of monies owed under a transition services agreement. Successfully negotiated a settlement equal in value to damages claimed in pleading.
GATX v. Liberty Mutual Insurance: London Arbitration. Trial counsel for GATX in an insurance coverage suit. Complex coverage case involved question of whether a criminal case in Italy was a civil proceeding under the policy for purposes of defense cost coverage. Evidentiary arbitration that touched on laws
precedent from Illinois, New York, Pennsylvania, UK, Bermuda
Italy found in favor of client.
Viareggio Rail Disaster, Italy: Counsel to GATX in multiple phases of criminal
civil litigation involving a 2009 Italian rail disaster in Viareggio, Italy. Train derailed
LPG tanks ignited resulting in 31 fatalities
substantial property damage.
In re Lac-Megantic Rail Disaster: Numerous jurisdictions in Canada
United States. Counsel for World Fuel involving 2013 derailment in Lac-Megantic, Canada that resulted in 47 fatalities. Investigated cause
advised client with respect to numerous issues including regulatory issues, third-party claims
indemnification.
In re Swiss Air: Various jurisdictions. Lead counsel for GATX in broad litigation involving partnership, breach of contract
fiduciary claims in multiple suits pending in New York, San Francisco, Cayman Isl
s
UK jurisdictions. After being brought in as a third party defendant
sued for $250 million, GATX brought a counterclaim
settled after receiving payment.
Brunswick v. Paris Glove: U.S. District Court for the Northern District of California. Trial counsel for Brunswick in contract case. Won summary judgment on eight of nine claims prior to trial. Won motion for new trial
case settled favorably.
TMI v. Gaylord Chemical Company: Louisiana State Court. Trial counsel for Gaylord. Won motion to dismiss third party claim in toxic tort personal injury case relating to 1995 railcar explosion in Bogalusa, Louisiana.
American Steamship Co. v. Oglebay Norton: U.S. District Court for the Northern District of Ohio. Counsel for American Steamship. Brought indemnification action on behalf of American Steamship
achieved a favorable settlement on behalf of the client.
GATX v. IRS: Represented GATX in matter involving disallowance of tax deductions relating to a sale
leaseback transaction. Achieved a favorable settlement on behalf of GATX.
Sikkila v. American Steamship Co.: U.S. District Court for the Western District of Michigan. Defended American Steamship in a Jones Act case. Achieved a favorable settlement on behalf of client.
United Airlines v. The Secretary of State of Illinois: Circuit Court of Cook County. Represented United Airlines in a franchise tax matter. Obtained a preliminary injunction on behalf of client.
GE v. Honeywell: U.S. District Court for the Central District of Illinois. Counsel for Honeywell. Dispute between Honeywell
General Electric regarding the proper party liable for the tax debts of a company previously owned by both Honeywell
GE. Successfully litigated case that resulted in a very favorable settlement for Honeywell.
Gaylord Chemical Company v. TMI: Louisiana State Court. Trial counsel for Gaylord in this declaratory judgment action seeking to declare Gaylord's purported indemnification obligation invalid. Briefed, argued
won summary judgment for client. Briefed, argued
won opposition to new trial motion.
Donlyn Distribution, Inc. v. BP Amoco Corp.: U.S. District Court for Northern District of Illinois. Counsel for BP in this 1981 discrimination in contracting claim. Briefed
won summary judgment for BP.
Briggs & Stratton v. DeWell: U.S. Bankruptcy Court for the Middle District of Tennessee. Counsel for Briggs & Stratton. Briefed, tried
won emergency motion to enjoin defendant from removing Briggs' property from the United States.
Phillips v. Briggs & Stratton: U.S. District Court for the Southern District of Illinois. Counsel for Briggs & Stratton. Won motion to dismiss in putative nationwide class action consumer fraud
RICO claim.
Rester v. Gaylord: U.S. District Court for Southern District of Mississippi. Counsel for Gaylord. Won motion to dismiss in toxic tort case.
Sowell v. Rohm
Haas: Texas State Court. Counsel for Rohm
Haas in a wrongful death action resulting from a plant accident. After depositions of key witnesses demonstrated that the plaintiff failed to follow clear safety procedures, case settled favorably.
Dunn v. Dow Chemical Company: Texas State Court. Counsel for Dow in a products liability case. After deposition of plaintiff's expert showed that client's product could not have been the source of the accident, case settled favorably.
Aguilar v. GATX: S. District Court, C.D.Cal. Counsel for GATX in mass joinder case alleging personal injuries from a train derailment
subsequent explosion
chemical release. Won a motion to dismiss with prejudice.
Various UCC Asbestos Matters: Lead trial counsel for UCC in products liability asbestos cases throughout the country including state
federal courts in Louisiana, Mississippi, Texas
Illinois. Prepared up to ten cases per month for trial in Circuit Court of Cook County from August 2014 - February 2015.
Various Dow Asbestos Matters: Lead trial counsel for Dow in premises asbestos cases throughout the country including state
federal courts in Louisiana, Illinois, Mississippi, Michigan, Texas
Washington.
