Cost Recovery and Toxic Tort
- Represented a water district against claims of cross-contamination based on the theory that the construction and maintenance of a drinking-water well allowed for the deeper migration of regional solvent contamination. The claim was voluntarily dismissed without prejudice shortly after discovery began.
- Represented a steel mill against claims of nuisance and cost recovery from the alleged disposal of lead-containing wastes.
- Represented a company accused of selling fire retardant foam with per- and polyfluoroalkyl substances (PFAS) to the U.S. Navy in a toxic tort case filed by a New York municipality seeking to recover costs associated with PFAS contamination at an airport and National Guard base.
- Representing a materials manufacturer in connection with the alleged contamination of a dairy farm from PFAS through application of sewage sludge as soil enhancers.
- Representing a real estate developer in a putative class action and individual lawsuits seeking personal injury and property damage from the alleged failure to disclose the presence of radioactive substances at a former naval shipyard that is the site of San Francisco’s largest development project in a century.
- Counsel to an aerospace manufacturer in federal and state cost-recovery actions under CERCLA and the HSAA alleging groundwater contamination from TCE and perchlorate.
- Defended an aerospace company in a toxic tort lawsuit involving more than 800 plaintiffs who claimed personal injuries and property damage resulting from alleged exposure to chemicals in drinking water. These claims were settled on favorable terms after the trial court excluded the opinions of the plaintiffs’ primary medical experts.
- Defended an aerospace manufacturer against claims of public and private nuisance in an action seeking damages for soil contamination, resulting in the plaintiff’s voluntary dismissal on the day before the hearing on our summary judgment motion.
- Defended a waste-management company in a cost-recovery action seeking damages for contamination from a landfill under the California Superfund law and common-law causes of action, resulting in summary judgment in the client’s favor and subsequent affirmation on appeal.