Manufacturing & Distribution

Represented an international high-end furniture manufacturer and designer in multiple suits involving claims of design patent infringement.

A Miles & Stockbridge team served as sell-side counsel for a large Maryland pest control company in the sale of the business to a Swedish-based pest control company. The deal involved sophisticated government contract matters because of the sale to an international buyer.

Lead national counsel for an industrial equipment manufacturer sued in multiple asbestos claims in multiple jurisdictions. Conducted a forensic product-line investigation to develop product defenses to the claims on the merits and developed comprehensive and coordinated assertion of the client’s asset purchaser successor liability defense. Thoughtful assertion of defense, after filing, after discovery, by motion or before trial resulted in aggregating track record of dismissals without payment from dozens of cases in most active asbestos dockets nationally. Momentum of accumulated dismissals has diminished new filings for the client and allowed for agreements to dismiss client in new cases, avoiding unnecessary defense expense.

Obtained summary judgment and favorable settlement on behalf of a Fortune 200 truck manufacturer in franchise dispute.

Lead trial counsel in a CERCLA liability trial brought by the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice asserting a “divisibility defense” in connection with dioxin contamination at the Centredale Superfund Site in North Providence, Rhode Island. The trial required over 20 trial days spanning two months and live and deposition testimony of over 20 fact witnesses. The trial involved over a dozen expert witnesses covering complex issues of chemistry, molecule formation and synthesis, chemical fingerprinting, process chemistry, aerial photographic analysis, chemical fate and transport, and environmental engineering. Although the client ultimately did not prevail in establishing this rarely applied defense to CERCLA joint and several liability, the trial resulted in a 186-page opinion, express recognition by the court of “second to none” skilled management and presentation of complex issues, and the defense provided partial basis for subsequent finding of client’s good faith “sufficient care” defense to fines and penalties sought by the U.S. EPA for client’s refusal to comply with a UAO issued to it during pendency of the litigation. (Emhart Industries, Inc. v. United States Department of the Air Force v. Black & Decker, Inc. (C.A. No. 11-023 S))

Lead litigation counsel for a client pursued for perchlorate groundwater contamination in the Rialto-Colton Groundwater Basin in San Bernardino County, California. This multi-year litigation involved state judicial and administrative proceedings, as well as federal judicial and administrative proceedings. The parties included the cities of Rialto, California, and Colton, California, the County of San Bernardino, the Santa Anna Regional and State Water Board, the U.S. Environmental Protection Agency (EPA), the U.S. Department of Defense, and over a dozen other alleged PRPs. The team extensively litigated CERCLA liability/divisibility defenses and a variety of corporate successor liability issues for multiple historic entities under the laws of multiple states. After a court-deferred resolution of successor liability issues for trial, we negotiated a favorable settlement for the client limited to implementation of an interim remedial action, utilizing a trust funded by other PRPs, including the Department of Defense, with continuing cost-sharing by the Department of Defense in capital and O&M costs. The interim action was negotiated with significant limits on scope of remedial action and re-openers and no past or future EPA oversight costs. (City of Colton v. American Promotional Events, et al., USDC, Central District California (5:09-cv-01864-SG-SS)).

Lead trial counsel in a trial against the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice in the United States District Court for the District of Rhode Island challenging the remedy selected by U.S. EPA for the Centredale Manor Superfund Site in North Providence, Rhode Island. This trial also required defense of an enforcement claim and a claim for over $40 million in fines and penalties for the client’s refusal to comply with an EPA Unilateral Administrative Order requiring the implementation of the challenged remedy. The trial involved EPA and client fact witnesses and experts on both sides in the areas of human health and ecological risk assessment, environmental engineering, construction and chemical fate and transport. After 13 bench trial days spanning six months, extensive briefing, and a full day of closing argument, the court found certain aspects of EPA’s remedy selection process to be arbitrary and capricious, remanded remedy to EPA, retained jurisdiction over the case through remedial design in connection with other issues, stayed enforcement of the UAO, and found objective good faith “sufficient cause” for the client to refuse to comply with that order, awarding none of the over $40 million in fines and civil penalties sought by the EPA. (Emhart Industries, Inc. v. United States Department of the Air Force v. Black & Decker, Inc. (C.A. No. 11-023 S))

When a client became the subject of an investigation by the U.S. Consumer Product Safety Commission seeking a civil penalty for failure to report a defective product, it came to us to represent it.  Civil penalties have been increasing, and the client was concerned because it had already been the subject of a penalty.  Our knowledge of the law and the process enabled us to negotiate a favorable settlement far below recent settlements.

The U.S. Consumer Product Safety Commission announced a significant policy change at one of its public forums.  Through our contacts at the National Association of Manufacturers, we were able to mobilize a working group to oppose the policy and developed an opposition strategy.  As the first step, we drafted a letter to the chairman of the CPSC opposing the policy, and the NAM was joined by 39 trade associations on the letter.  We are continuing with our opposition strategy, which will involve Congressional opposition and potentially litigation.

Counsel to Fortune 500 tool manufacturer with regard to divestiture of manufacturing and distribution business.