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Currently serves on the national litigation and trial teams for a Fortune 50 chemical manufacturer in lawsuits for injuries allegedly caused by exposure to isocyanates. This litigation includes defense of a 1,600+ plaintiff lawsuit in Tuscaloosa, Alabama, and a 30,000+ plaintiff putative class action pending in federal district court.
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Heads a defense team for a Fortune 500 company in a putative class action seeking damages for 13,000+ claimants from alleged releases of lead and other pollutants from former foundry operations in Anniston, Alabama. He is also is defending a related CERCLA lawsuit for past and future cleanup costs of $100 million.
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Represented a leading building products company in mass tort litigation involving more than 1,300 plaintiffs alleging personal injuries caused by air and surface water emissions from former wood treatment operations. The principal chemicals of concern include dioxin, arsenic, creosote and chromium, which allegedly resulted in cancers, birth defects and other diseases. Our firm obtained a significant early victory with the successful removal of all of the cases to federal court on fraudulent joinder grounds.
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Defended a national appliance manufacturer in three lawsuits in San Francisco Superior Court for alleged perchloroethylene (PCE) contamination in soil and groundwater. The plaintiffs collectively sought $150 million in damages from nine defendant companies. Based on defense experts’ reports and testimony, resolved the claim in a pre-trial mediation for less than one percent of the damages sought.
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Represented clients in civil and criminal enforcement matters in California, Florida, Georgia, Illinois, Iowa, Kentucky, New York, Ohio, Pennsylvania, Tennessee, Texas and Virginia. In 2002, obtained a criminal declination for a corporation and its subsidiary after a two-plus year investigation in which the government sought a felony indictment and $4 million in fines for alleged RCRA violations from a spill of 1.3 million gallons of hazardous chemicals. The federal agencies involved included the U.S. EPA Criminal Investigative Division, FBI and U.S. Department of Justice Environmental Crimes Section. In addition, has worked on environmental criminal matters involving the U.S. Department of Transportation, U.S. Department of Defense, Georgia Environmental Protection Division and the South Carolina Department of Health and Environmental Control. Also conducts internal corporate investigations and helps clients develop environmental compliance strategies to mitigate their potential liability.
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Obtained dismissal for client on motion to dismiss grounds in dioxin exposure case involving a former federal Superfund site in Arkansas. Amberleigh Hart v. Hercules, et al., U.S. District Court for Southern District of Georgia (Civ. Action No. CV202-010).
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Summary judgment granted for client in two related toxic tort suits involving alleged exposure to chlordane and other pesticides. Judith Goode et. al v. Velsicol, et al., Circuit Court for Montgomery County, Maryland (Civil Action No. 228362) and Nicholson v. Velsicol, et al., Super. Ct. of Mass., Middlesex County (Docket No. 01-5366).
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Successful settlement prior to start of discovery of claims by 300 plaintiffs against client for personal injury and property damage from alleged exposure to manganese, lead, arsenic and chromium from air emissions and surface water runoff from former mineral processing operations. Charlene Mercurio v. Alcoa, Inc., et al., Circuit Court of Madison County, Illinois (Civil Action No. 02-L-1647).