Background - Practices (Details)

Mass Tort, Product, and Consumer Litigation


Representative Engagements

  • Telecommunications Class Action Litigation. We represent AT&T in consumer class multidistrict litigation in federal court in the Northern District of California, as well as in multiple consumer class actions in federal and state courts throughout the United States, including a group of cases focusing on multimedia messaging functionality in iPhones.
  • Climate Change Litigation. We represent multiple defendants in climate change class action brought in federal court in the Southern District of Mississippi and now pending in the Fifth Circuit. Plaintiffs allege defendants' emissions of greenhouse gases contributed to Hurricane Katrina and led to personal injury and property loss. Plaintiffs’ claims were dismissed in the trial court on our motion to dismiss.
  • Health Care MDL RICO Litigation. We represent Blue Cross and Blue Shield companies in a multidistrict litigation proceeding in federal court in the Southern District of Florida, part of a larger litigation attack on the HMO industry, as well as in other class litigation pending in other federal and state courts. MDL plaintiffs were physicians and health care providers who alleged conspiracies in violation of RICO. After years of litigation, all non-physician provider plaintiffs dismissed their claims against our clients. The federal court thereafter dismissed remaining physician plaintiffs claims against our clients with prejudice.
  • Environmental Community Litigation. We represent a leading defense contractor in four high-profile lawsuits in Florida state court alleging groundwater contamination. Over three hundred plaintiffs assert personal injury, emotional distress, and diminution of property values as a result of contamination from chlorinated solvents. A related case alleges chronic beryllium disease from occupational, environmental, and "take-home" exposure. Another, filed as a community class action, seeks medical monitoring as a result of alleged community-wide exposure to beryllium.
  • Welding Fumes Litigation. We are national coordinating counsel since 2003 to a Fortune 100 manufacturer of construction and mining equipment in welding fumes litigation. This litigation spans the country, with thousands of individual and class action suits filed in federal and state courts throughout the United States. We obtained complete dismissal of our client from related MDL proceedings.
  • Occupational and Environmental Class Action Litigation. We represent CSX in an array of putative class litigations in federal and state courts in Florida, Illinois, Louisiana, Michigan, Ohio and West Virginia. These cases range from mass environmental neighborhood suits to FELA occupational actions to rail tanker spill actions. We have successfully defeated all attempts at class certification.
  • Asbestos and Toxic Tort Litigation. We have served since 1992 as national coordinating counsel for DuPont in asbestos litigation, including both premises and product liability claims. We develop long-term national strategy, issue strategy, class strategy, a centralized discovery effort, trial strategy, management of a large law firm network. We are national coordinating counsel to AT&T in asbestos premises liability litigation, as well as trial counsel in certain jurisdictions.
  • DuPont Plumbing Mass and Class Action Litigation. We represent DuPont in national litigation attacking products involved in polybutylene plumbing. The litigation spans 20 years in both state and federal courts and at all appellate levels including the United State Supreme Court, and in the lower and appellate courts of Canada. We have achieved significant victories in the appellate and trial courts, including two cases in which the U.S. Supreme Court denied petitions for writs of certiorari seeking review of appellate decisions in federal and state court upholding dismissals of similar nationwide class actions.
  • Automotive Litigation and Regulatory Actions. We represent automotive industry clients in substantial recalls involving high-profile mass litigation and NHTSA regulatory proceedings, including representations involving the three largest recalls in US automotive history.