|
Representative Litigation and Matters
Disclaimer: Attorney Advertising — Prior
results do not guarantee a similar outcome.
Administrative Law
Architect Professional
Liability
Aviation Defense
Business Litigation
Colleges and Universities
Commercial and General
Litigation
Construction Litigation
Dentist Professional
Liability
Education Law
Employment Law
Engineer Professional
Liability
Health Care Law
Insurance Coverage
and Representation
Major Automobile Litigation
Pre-Litigation Assistance
Products Liability
Professional
Negligence and Liability Defense
Architects
Attorneys
Dentists
Developers
Engineers
Hospitals
Pharmacists
Physicians
Real Estate Appraisers
Real Estate Litigation
Toxic
Tort
Trucking and Transportation
Administrative Law
• In a water and sewer utility ratemaking case before the South Carolina
Public Service Commission, we were successful in gaining approval for a rate
design utilizing a methodology not previously recognized or approved in the
state.
• In a significant enforcement action involving an alleged NPDES permit
violation, we were successful in negotiating with the state agency involved
to avoid significant fines and were heavily involved in the drafting and
implementation of a successful plan of correction.
• Our representation of a general contractor involved an appeal of his
license suspension to the full contractors’ licensing board. After we
asserted various contract defenses to the underlying property owner’s claim
of contract breach and violation of licensing requirements, the board waived
the contractor’s suspension in exchange for the contractor’s payment for the
completion of the project work.
• In a trial before the contractor’s licensing board, we successfully
defended our contractor client against a finding by the residential
homebuilders’ commission of code violations in the construction of a
residence.
• We also have advised South Carolina High School League member schools
regarding athletics eligibility issues.
Architect Professional
Liability
• We obtained summary judgment for our architect client on claims by various
federal building project subcontractors that the architect negligently
failed to ensure that the project contractor paid the plaintiffs for their
work. The trial court agreed with our summary judgment position that the
architect owed the plaintiffs no actionable duty with respect to the project
payments and dismissed the plaintiffs’ claims.
• A government entity has asserted a multi-million dollar design and
construction defect claim against our client, an architectural firm which
designed several school building projects. In defending our client, we have
asserted a cross-claim against a co-defendant, are engaging in diligent
discovery and expert consultation, and are considering potential third-party
claims.
• We defended an architect in an action filed by a homeowners’ association
alleging negligent design and supervision of the construction of a
multi-building condominium complex. After extensive document review and
analysis, we developed a strong statute of limitations defense and resolved
the plaintiff’s claim for less than 3% of its claimed damages.
Aviation Defense
• We represented a fixed-based operator engaged in maintenance and fueling
operations in a downtown airport against a claim by a jet owner that
improper use of a starting mechanism caused mechanical problems with and
damages to the aircraft. Our aggressive defense of this case included
diligent discovery and assertion of a contributory negligence claim against
the owner’s pilot. The plaintiff’s claims were then successfully mediated.
• Our clients, who were formerly engaged in the aircraft industry and leased
hangar space at a coastal airport, were sued by an aircraft owner whose
plane was damaged in a sprinkler system discharge incident. Our effective
use of experts and discovery in this multiparty litigation resulted in our
obtaining a settlement of the plaintiff’s claims before trial.
• We have defended numerous pilots and owners in various air crash claims
and cases involving personal injury and deaths, including a four fatality
crash in which claims against our client were dropped after extensive
litigation.
Business Litigation
• A materials supplier sued our manufacturing client in federal district
court in Georgia, alleging breach of a multi-year supply agreement. Our
aggressive defense and detailed factual understanding of this contentious
case allowed us to negotiate a favorable settlement and release of the
plaintiff’s claim.
• In a contract breach action, we represented an established electrical
contractor who performed electric wiring and cabling work during
construction of an out-of-state manufacturing facility, but who was not paid
for such work by the project’s general contractor. Effective and efficient
discovery and negotiation allowed us to secure an early settlement in an
amount close to our client’s total claimed damages.
• Our manufacturing client filed a declaratory judgment action against an
out-of-state materials supplier in federal district court, seeking a
judicial determination that our client did not breach a supply agreement by
electing to purchase materials directly from a third party. The defendant
counterclaimed for contract breach, fraud, and tortious interference with a
third party contract. We mediated this aggressively-litigated case to a
settlement which was a fraction of the defendant’s demand.
• In a case currently under appeal, we represent the majority partner in
joint venture for the construction of a coastal condominium complex. In the
first phase of this case, we secured a judgment against the joint venture’s
minority partner with respect to payment of a settlement of claims asserted
against the venture by the condominium owners’ association. This
litigation’s current phase involves our efforts to pierce the minority
partner’s shell corporation status to secure funds to satisfy the underlying
judgment.
Colleges and Universities
• We defended a small liberal arts college and several school administrators
against various tort and Title IX claims asserted by a student who alleged
that she was date raped in a dormitory room by her friend. We obtained
summary judgment on all claims against the school administrators and on all
claims against the college except the plaintiff’s Title IX claim, which we
settled on terms highly favorable to the school.
• Our representation of a university involved our defense of claims asserted
by a former coach and his children for personal injuries, including
traumatic brain injury, sustained in an automobile accident which occurred
on a team trip. Our thorough discovery efforts, use of damages experts, and
diligent defense of this contentious case allowed us to successfully mediate
the plaintiffs’ claims.
Commercial and General
Litigation
• In an action filed in the admiralty division of South Carolina’s federal
district court, we are defending a boat owner against claims asserted by a
passenger who was injured while diving off the boat. We are aggressively
defending and conducting discovery regarding the plaintiff’s allegations,
and are pursuing a claim of contributory negligence.
• We were retained to prosecute a commercial banking case in federal court
for a foreign corporation. The client was seeking to recover on an
international letter of credit dishonored by a local bank, which alleged it
was a forgery. We were able to try the case to verdict and sought a special
verdict form which invoked insurance coverage for the multi-million dollar
claim.
• We defended a holding company which sold various cemeteries against a
claim by a subsequent purchaser that trust funds from the sale had been mis-apportioned.
This litigation involved multiple parties, a complicated service issue and
application of arbitration rules. After briefing a motion to compel
arbitration to the South Carolina Court of Appeals, we resolved the
plaintiff’s claims at mediation.
• We served as local counsel for a major public utility which obtained a
contract to purchase property for a nuclear energy site. When another public
utility claimed that it held a sales contract for the same property, we
negotiated a creative settlement of the opposing party’s claims and secured
our client’s ability to proceed with its project plans.
• A global textile company retained our firm to prosecute a contract breach
action against an entity which misappropriated earmarked, donated funds for
unauthorized purposes. We effectively litigated this case to a structured
settlement which satisfied our client’s original benevolent purposes for the
use of the contested funds.
• We defended a prominent country club against claims by its senior members
that the club had breached a membership contract by restructuring the club’s
membership categories and benefits. Our thorough understanding and
presentation of the legal issues involved in this case achieved a defense
verdict at trial.
Construction Litigation
• A homeowner who purchased an existing, EIFS-clad home constructed by our
homebuilder client sued, asserting various construction defect, warranty and
contract breach claims. Our diligent discovery efforts revealed factual
weaknesses in the plaintiff’s claims and a strong statute of limitations
defense, allowing us to move for summary judgment before mediation and
prompting a favorable settlement of the plaintiff’s claims.
• We represented a stucco installer in a construction defect claim filed
with respect to an existing home constructed ten years before suit was
filed. Through discovery, we learned that our client had not performed work
on the subject house, and we subsequently secured the dismissal of the
plaintiff’s claims.
• Our representation of a residential builder involved claims by the
plaintiff homeowners that the EIFS, windows and doors on their home were
negligently installed and defective. After pursuing discovery and examining
potential third party liability, we negotiated a settlement of the
plaintiffs’ claims that was favorable to our client.
• We are currently defending a roofing installer against contract breach and
warranty claims asserted by a condominium owners’ association in relation to
the roof construction of an oceanfront residential complex. In addition to
aggressively defending the plaintiff’s claim, we are pursuing a third party
action against a project subcontractor which installed a portion of the
subject roof.
Dentist Professional Liability
• Our firm represents a dentist in a malpractice action asserted by a former
patient who claims that our client negligently failed to prescribe
antibiotics after a tooth extraction. We have moved for summary judgment on
the basis that the plaintiff lacks the expert medical testimony necessary to
maintain her negligence claim.
• An organization providing dental hygiene services to public school
students sued our client, a practicing dentist, and various other parties
for alleged defamation, tort and anti-trust violations relating to a school
system’s refusal to utilize the plaintiff’s services. We effectively
employed discovery to minimize our client’s liability exposure in relation
to the co-defendants and to achieve a creative settlement for our client.
• We defended a dentist who was involved in an automobile accident against
personal injury and wrongful death claims, and successfully mediated those
claims to a settlement.
• We are currently defending a dentist against a claim that he negligently
provided a metal tooth filling to a patient with an allergy to that metal.
We are using discovery and expert witnesses to analyze and appropriately
value the plaintiff’s claim and our client’s liability exposure.
Education Law
• We represented a bond-holder before a School Board on an issue of
athletic facility construction. Our firm successfully argued for
commencement of construction on an athletic stadium, in order to prevent the
Board’s bonds from losing their tax-exempt status under the arbitrage
provisions of the Internal Revenue Code.
• We advised a public high school regarding an transfer student’s athletic
eligibility under the regulations of the South Carolina High School League.
• We advised a public high school regarding formation of a tax-exempt
non-profit corporation for fundraising and support of educational and
extracurricular programs.
• We advised a public school district regarding compliance with the South
Carolina Employment and Dismissal of Teachers Act.
• We defended a small liberal arts college and several school administrators
against various tort and Title IX claims asserted by a student who alleged
that she was date raped in a dormitory room by her friend. We obtained
summary judgment on all claims against the school administrators and on all
claims against the college except the plaintiff’s Title IX claim, which we
settled on terms highly favorable to the school.
• Our representation of a university involved our defense of claims asserted
by a former coach and his children for personal injuries, including
traumatic brain injury, sustained in an automobile accident which occurred
on a team trip. Our thorough discovery efforts, use of damages experts, and
diligent defense of this contentious case allowed us to successfully mediate
the plaintiffs’ claims.
• Our representation of a small liberal arts college involves our defense of
claims asserted by a former athlete for personal injuries sustained in a
sport-related workout. Our representation includes a thorough analysis of
applicable NCAA regulations and duties owed by athletic personnel.
Employment Law
• Through careful drafting of an underlying contract, we were able to
enforce and defend a non-competition and non-solicitation covenant against
numerous non-shareholder employees of a biotechnology firm.
• We assisted in the investigation of a multi-person drug diversion ring in
a large hospital system. Through careful review of various forms of narcotic
administration documentation and other investigative techniques, we enabled
the apprehension of this group, and participated in their criminal
prosecution as well as in the resulting licensure actions.
• We represented a local government entity in defending EEOC charges filed
by two former employees claiming sex and race discrimination.
Engineer Professional
Liability
• Construction workers who sustained electrical shock injuries during
construction of a trunk sewer sued our client, the engineering firm which
designed the project, alleging negligence and design deficiencies. A
vigorous defense and thorough understanding of the complex legal issues of
this case allowed us to negotiate a global settlement of the plaintiffs’
claims.
• Our defense of an engineer who designed a marina breakwater involved
defective design claims initially asserted by the general contractor who
installed the breakwater in a marina. After discovering that the plaintiff
had modified the engineer’s original breakwater design prior to
installation, we secured for our client an extremely favorable settlement of
the plaintiff’s claims.
• Our representation of an engineer includes its defense of claims that it
negligently designed a multi-story apartment building. We are currently
working with an expert to defend our client’s design and are contesting the
causation element of Plaintiff’s negligence and warranty breach claims.
• In another pending case, we represent an engineer who contracted with a
county to manage and oversee road construction performed under a global
highway initiative. We are defending negligent design and oversight claims
asserted by the plaintiffs, who were injured in a traffic accident which
occurred on a roadway under construction.
Health Care Law
• For a large hospital client, we defended allegations of failing to meet
patient care standards and Medicare Conditions of Participation, and of
causing immediate jeopardy to patients. We prevented the hospital from
losing funding and drafted the corrective action plan accepted by CMS Region
IV.
• We successfully defended a criminal action brought against a durable
medical equipment supplier for false billing. The allegedly false billing
was linked back to guidance given to DME providers by the involved local
intermediary.
• We have assisted numerous hospitals and ambulatory surgery centers in
JCAHO survey readiness, resulting in accreditation without recommendation.
• Our firm routinely assists healthcare providers in investigation of
sentinel events, including root cause analysis, corrective action plan
implementation, and dealings with local, state, and federal licensing and
accreditation agencies relating to such incidents.
Insurance Coverage and
Representation
• Our direct defense of an insurer involves claims by a professional insured
that the insurer breached its policy provisions by representing the
plaintiff under a reservation of rights in an underlying probate court
matter and by refusing to defend the plaintiff’s appeal of the probate
court’s order. We have engaged in focused discovery aimed at obtaining
summary judgment of the plaintiff’s claims on the basis of waiver and the
policy’s express coverage terms.
• We regularly analyze insurance policy coverage of general contractors and
subcontractors for claims regarding faulting workmanship on various types of
construction projects.
• Our policy coverage opinion work also frequently includes analyses of the
application of intentional acts and business risk exclusions.
• Whether policy coverage exists for defamation claims is frequently among
the analyses we provide our insurance clients.
• We successfully defended a declaratory judgment action on behalf of an
insurer client on the issue of the policy’s permissive use exclusion and the
related definition of a resident relative.
Major Automobile Litigation
• We represented a regional hospital in a wrongful death claim arising out
of an accident involving a hospital transport vehicle. Our defense of this
suit involved tort claims limitations and resulted in the successful
settlement of the plaintiff’s claim.
• We defended an insured dentist in automobile accident litigation involving
the death of a viable fetus, resolving the plaintiffs’ claims at mediation.
• Our thorough discovery efforts and use of expert witnesses allowed us to
successfully mediate for a university claims asserted by a former coach and
his children for personal injuries, including traumatic brain injury,
sustained in an automobile accident which occurred on a team trip.
• In a pending negligence action brought by plaintiffs injured in an
automobile accident, we are defending the installer of a steering column
ball joint which the plaintiffs maintain was negligently designed and
installed.
Pre-Litigation Assistance
• Our firm provides effective and efficient pre-litigation assistance to
architects and engineers who have been put on notice that negligence claims
may be asserted against them. We attempt to resolve these matters favorably
to our clients before litigation ensues through the use of factual review,
claims analysis, and negotiation.
• Aircraft accidents often may be resolved with legal assistance before
litigation arises. We provide our aviation clients factual analysis,
liability assessments and negotiation opportunities to effectively settle
potential cases before suit is filed.
• We provide physicians, dentists, and other professionals counsel regarding
matters including contract interpretation and disputes, subpoena responses,
potential liability exposure, and expert witness testimony.
• Business owners frequently consult with our firm’s attorneys on pre-suit
matters involving contracts, employee relations, business dissolutions and
disputes, and other commercial matters. We combine legal guidance with
practical advice in assisting our clients with making reasoned decisions to
settle disputes and avoid litigation.
• We also engage in pre-litigation assistance of potential litigants in
major car accident matters involving catastrophic injuries and death. We
assist our clients in factual investigation and liability exposure
assessment in an attempt to avoid litigation.
Products Liability
• We defended a large pneumatics company against claims by a plaintiff
alleging “white finger syndrome” as a result of his use of numerous
pneumatic tools at his work place. After preliminary discovery, we secured
the dismissal of the plaintiff’s claims against our client.
• In a products liability suit involving alleged defective construction
equipment, we defended the retailer of the subject backhoe. The plaintiff
received extensive, permanently disabling injuries when the backhoe suddenly
steered into a large hole on the plaintiff’s work site. It was
uncontroverted that the plaintiff was unable to return to work as a backhoe
operator, and his economic damages exceeded $7 million. After five days of
trial, we secured an extremely favorable settlement for our client.
• A go-cart defect case we defended for an engine manufacturer involved the
death of a child whose go-cart overturned while the child was driving the
vehicle. The plaintiff alleged that the go-cart’s engine was defective
because it allowed gasoline to escape while the go-cart was overturned,
resulting in fire and emission of gas fumes. Factual issues included the
medical causation of the child’s death and possible intervening alterations
to the go-cart. At mediation, we obtained a settlement for our client well
below the plaintiff’s demand and the total cognizable damages.
• The driver of a car who was injured when the wheel assembly of a trailer
came lose from a flat bed trailer sued our client, which assembled the
trailer, as well as the trailer owner and axel manufacturer. Because the
trailer owner did not retain the axle assembly, key case issues included
spoliation of evidence, causation and insufficiency of the plaintiff’s
expert opinion. After we moved for summary judgment, the plaintiff
voluntarily dismissed his claims against our client.
• We defended the assembler and refurbisher of a truck with an aerial bucket
lift against claims asserted by the widow and minor daughter of a worker who
was killed when a pen attaching the bucket to the boom sheared, causing the
bucket to fall approximately 30 feet to the ground. The plaintiffs alleged
that our client was liable for the defective pen as well as for the failure
to provide a safety attachment on the boom for a safety lanyard. After
proving that the pen was not an original product component, we obtained
summary judgment for our client on the plaintiffs’ claim for assembler
liability. We mediated the remaining safety attachment claim to a settlement
that was slightly more than the workers’ compensation lien amount and that
was approximately 20% of the amount of the total cognizable damages.
• After a masonry nail fractured and injured a construction worker’s eye,
the worker filed suit against various masonry nail manufacturers,
distributors and sellers. We defended a building supply retailer on grounds
that the nail, as manufactured and sold, met all applicable standards. At
mediation, we settled the plaintiff’s claims against our client for an
amount well below the plaintiff’s demand.
• We defended an employer’s parent corporation against claims brought by an
employee who lost several fingers on both hands in an accident involving a
300 ton press. The plaintiff alleged that the installed safety light curtain
was insufficient and allowed a worker to get between the light curtain and
the press, thus allowing the press to recycle while the worker was in the
zone of danger. The plaintiff claimed that our client participated in the
press’s installation and sent representatives to the plant who saw the
improperly installed light curtain. The case was settled at mediation on
terms highly favorable to our client.
• We obtained a defense verdict for a golf cart manufacturer in a head
injury claim asserted by a golf professional who was struck by a falling
battery charger.
• We tried a case asserted by a paraplegic who was injured on a watercraft
as a result of a defective seat.
• We obtained a defense verdict for a defendant who sold an “optimizer”
system used in the plaintiff’s buyer’s sawmill, which system allegedly
caused the plaintiff’s business to fail because of defects in the system.
The plaintiff claimed $8 million in damages.
Professional
Negligence and Liability Defense
Architects
• We obtained summary judgment for our architect client on claims by various
federal building project subcontractors that the architect negligently
failed to ensure that the project contractor paid the plaintiffs for their
work. The trial court agreed with our summary judgment position that the
architect owed the plaintiffs no actionable duty with respect to the project
payments and dismissed the plaintiffs’ claims.
• A government entity has asserted a multi-million dollar design and
construction defect claim against our client, an architectural firm which
designed several school building projects. In defending our client, we have
asserted a cross-claim against a co-defendant, are engaging in diligent
discovery and expert consultation, and are considering potential third-party
claims.
• We defended an architect in an action filed by a homeowners’ association
alleging negligent design and supervision of the construction of a
multi-building condominium complex. After extensive document review and
analysis, we developed a strong statute of limitations defense and resolved
the plaintiff’s claim for less than 3% of its claimed damages.
Attorneys
• We obtained summary judgment for an attorney who was sued for alleged
professional negligence and negligent misrepresentation related to a real
estate closing.
• Our defense of attorneys accused of various professional negligence
includes a suit filed against two attorneys based on the alleged negligence
of a former partner, who failed to timely file case pleadings.
• We also represent a developer client in a suit alleging legal malpractice
by the attorney who performed an out-of-state real estate closing.
Dentists
• Our firm represents a dentist in a malpractice action asserted by a
former patient who claims that our client negligently failed to prescribe
antibiotics after a tooth extraction. We have moved for summary judgment on
the basis that the plaintiff lacks the expert medical testimony necessary to
maintain her negligence claim.
• In a multi-party tort, unfair trade practices and anti-trust action, we
defended a dentist against claims that he defamed a business which sought to
perform hygiene services in a local school system. We negotiated a creative
settlement for our client which disposed of the plaintiff’s claim against
him.
• We defended a dentist who was involved in an automobile accident against
personal injury and wrongful death claims, and successfully mediated those
claims to a settlement.
• We are currently defending a dentist against a claim that he negligently
provided a metal tooth filling to a patient with an allergy to that metal.
Developers
• We defended a developer against claims a homebuilder asserted for contract
breach, unfair trade practices, tort and anti-trust activities in relation
to the builder’s model home and spec home building in a residential
neighborhood. Our diligent discovery efforts and sustained defense of this
contentious case allowed us to achieve a settlement favorable to our client.
• Our current defense of a developer extends to fraud, unfair trade
practices, breach of fidicuary duty and slander of title claims asserted by
neighborhood residents in relation to a homeowners association’s existence
and management.
Engineers
• Construction workers who sustained electrical shock injuries during
construction of a trunk sewer sued our client, the engineering firm which
designed the project, alleging negligence and design deficiencies. A
vigorous defense and thorough understanding of the complex legal issues of
this case allowed us to negotiate a global settlement of the plaintiffs’
claims.
• Our defense of an engineer who designed a marina breakwater involved
defective design claims initially asserted by the general contractor who
installed the breakwater in a marina. After discovering that the plaintiff
had modified the engineer’s original breakwater design prior to
installation, we secured for our client an extremely favorable settlement of
the plaintiff’s claims.
• Our representation of an engineer includes its defense of claims that it
negligently designed a multi-story apartment building. We are currently
working with an expert to defend our client’s design and are contesting the
causation element of Plaintiff’s negligence and warranty breach claims.
• In another pending case, we represent an engineer who contracted with a
county to manage and oversee road construction performed under a global
highway initiative. We are defending negligent design and oversight claims
asserted by the plaintiffs, who were injured in a traffic accident which
occurred on a roadway under construction.
Hospitals
• We obtained the dismissal of a wrongful death and survival medical
negligence suit against a community hospital. After the plaintiff patient
gave birth, she developed acute respiratory problems and died. Through
careful selection of our own experts and intense cross-examination of the
plaintiff’s expert witnesses, we proved that the hospital’s actions were
within and exceeded the standard of care. The plaintiff dismissed all claims
against the hospital prior to trial.
Pharmacists
• We were able to intervene before suit and settle a pharmacist
professional negligence action resulting from the dispensing of an ordered
medication in a concentrate, instead of the ordered suspended solution. The
patient ultimately died, leaving behind dependent children and over one
million dollars in medical costs. We were able to settle the case, using a
structured settlement, to the client’s satisfaction.
Physicians
• We defended a physician in an action filed by a former partner’s
competing medical services business, alleging defamation and tortious
interference with contractual relations. Our diligent defense of and
discovery efforts in this case allowed us to obtain the plaintiff’s
voluntary dismissal of its claims.
• We obtained a defense verdict in a medical negligence suit against a
general surgeon alleging lack of informed consent before prostate surgery.
• Our physician client was sued by a business partner for defamation and
dissolution of the parties’ medical services business and land holding
partnership. Mediation of this contentious matter ultimately led to a
structured settlement of the plaintiff’s claims which was advantageous to
our client.
Real Estate Appraisers
• We represented a real estate appraisal firm against a claims by homeowners
that the firm submitted inaccurate inspection reports to their mortgage
lender in relation to the construction of their home, which caused the
lender to over-disburse construction funds to the homebuilder. Our factual
investigation and reasoned assessment of the plaintiffs’ claimed damages
achieved an efficient and favorable settlement for our client.
Real Estate Litigation
• We represented a real estate firm against claims by a homeowners’
association for mismanagement of a condominium complex which the plaintiff
claimed resulted in severe water and termite damage to the property. Our
detailed factual investigation and understanding of the plaintiff’s claims
allowed us to successfully mediate those claims to a settlement.
• We currently are defending a commercial property owner against a personal
injury claim asserted by the employee of a building tenant and her spouse.
We are working through discovery and with medical experts to contest the
causation and damages elements of the plaintiffs’ claims and are exploring a
possible summary judgment motion based on an independent contractor defense.
• We represented a real estate appraisal firm against a claims by homeowners
that the firm submitted inaccurate inspection reports to their mortgage
lender in relation to the construction of their home, which caused the
lender to over-disburse construction funds to the homebuilder. Our factual
investigation and reasoned assessment of the plaintiffs’ claimed damages
achieved an efficient and favorable settlement for our client.
• We defended a developer against claims a local homebuilder asserted for
contract breach, unfair trade practices, tort and anti-trust activities in
relation to the builder’s model home and spec home building in a residential
neighborhood. Our diligent discovery efforts and sustained defense of this
contentious case allowed us to achieve a settlement favorable to our client.
Toxic Tort
• For a large chemical manufacturer, our firm’s attorneys secured summary
judgment on various tort, warranty and strict liability claims asserted by a
plaintiff whose work exposed him to chemicals purchased from our client. The
Fourth Circuit Court of Appeals upheld the trial court’s grant of summary
judgment, agreeing that our client satisfied its duty to warn by transmitted
to the plaintiff’s employer the necessary Material Safety Data Sheets and
other warnings regarding the subject chemicals. This decision facilitated a
settlement of the plaintiff’s claims on terms highly favorable to our
client.
• Our firm’s attorneys defended a large corporation against multiple
personal injury claims in an adult lead poisoning class action which was
tried to a jury. The plaintiffs were 23 years old at the time of the
occurrence and alleged total disability as a result of their claims. Each
plaintiff also claimed economic damages exceeding 1 million dollars in
addition to medical expenses, future medical expenses, psychiatric treatment
for depression, pain and suffering, mental anguish and loss of enjoyment of
life. One of the plaintiffs had not worked in eight years at the time of the
trial and the other was working sporadically in protected employment.
• In a pediatric lead poisoning case, our firm’s attorneys successfully
resisted a class action and settled the plaintiffs’ personal injury claims
on terms extremely favorable to our client.
• We defended a transportation client against personal injury, property
damage and tort claims arising from the discharge of a toxic chemical from a
tanker vehicle. After successfully resisting a class action, we resolved all
asserted claims in our client’s favor.
• In several mold exposure cases, we are currently defending various pest
control companies against individual homeowners’ claims arising from alleged
malfeasance in the issuance of CL100 reports.
• Our extensive toxic tort experience also includes cases involving chlorine
exposure, carbon dioxide release injuries, toxic spills of phosphorus
tetorouschloride, fly ash exposure, and lead exposure.
Trucking and
Transportation Law
• We are currently defending a national retailer against various personal
injury claims arising from vehicle accidents involving the retailer’s
tractor trailers. Through aggressive defense and discovery efforts, we are
seeking to minimize our client’s liability exposure and resolve the claims
on terms favorable to our client.
Disclaimer: Attorney Advertising — Prior
results do not guarantee a similar outcome.
|
