Following are examples of strategies we have implemented to achieve successful results for clients.
The Science and Challenging Expert Testimony
- Represented several major corporations in litigation involving alleged allergic reactions to natural rubber proteins in latex gloves including successfully excluding key causation expert in a Daubert hearing in multi-district litigation and serving as national counsel as well as trial counsel.
- Successfully excluded all opinion testimony from environmental experts under Daubert in soil and groundwater contamination case in Colorado, ultimately leading to favorable settlement for client.
- Obtained directed verdict at trial based upon cross-examination of plaintiffs’ environmental experts, extracting key admissions regarding causation and damages.
- Oversaw design and implementation of simulation study that established client’s product did not emit asbestos fibers, causing plaintiffs case to unravel.
Defeating Class Certification
- Defeated class certification in case involving 80 residents alleging exposure to pesticides and other chemicals.
- Convinced court to reject class certification motion in case involving more than 200 individuals arising out of accidental release of ammonia and methylamines.
- Defeated motion for certification of medical monitoring class in California case alleging TCE exposure in drinking water.
- Defeated class motion in Texas state court cases alleging arsenic exposure.
Case Management Tools
- Defense of a uranium milling company in a personal injury and wrongful death action against allegations of exposure to radioactive and non-radioactive substances. We persuaded the court to enter a Lone Pine-style Case Management Order requiring plaintiffs to produce expert affidavits making a prima facie showing of harmful exposure and specific causation. Twenty-five plaintiffs were dismissed after they failed to provide the affidavits. The remaining three plaintiffs submitted affidavits, but their claims were dismissed on summary judgment. Ruling was affirmed by the Tenth Circuit.
- As national or regional counsel, we regularly coordinate the removal and transfer of cases to MDL panels.
Wins in Plaintiff Friendly Jurisdictions
- In state court in Nevada, on behalf of largest managed care organization in the country, obtained early judgment on the pleadings with respect to absence of physical injury in case involving 60,000 putative class members seeking to certify a class to obtain medical monitoring as a remedy for possible exposure to blood-borne pathogens.
- In Madison County, Illinois, used forensic chemistry to establish our client was not responsible for a large, historic plume of millions of gallons of hydrocarbons.
- In St. Louis, disposed of lead paint mass tort action at summary judgment stage based upon challenge to market share liability theory. Missouri Supreme Court affirmed trial court decision.