Matthew T. Wagman

Part of a trial team that, after a five-week jury trial, obtained a complete defense verdict on behalf of an international automobile manufacturer alleged to have supplied asbestos-containing automotive brakes that caused plaintiff’s alleged mesothelioma. Convinced the jury that not only did the plaintiff not have mesothelioma, but that even if she did, the client’s products were not the cause of her disease. Harrison, et al. v. Volkswagen Corporation of America, et al., 22nd Judicial Circuit, City of St. Louis (2016). 

Obtained summary judgment on behalf of a manufacturer of swing-away trailer jack after successfully convincing the United States District Court for the District of Maryland that plaintiff’s expert was not qualified to offer expert testimony pursuant to Daubert and the Federal Rules of Evidence. McKerrow v. Buyers Products Co., 2016 WL 1110303 (USDC Maryland 2016).

Obtained summary judgment on behalf of company sued in an alleged vinyl chloride exposure case. Litton, et ux. v. APG, Inc. et al., Circuit Court of Baltimore City, (Case No. 24-C-02-005510 (2003))

Member of trial team in contribution CERCLA liability litigation against 14 companies alleged to have contributed to site contamination in connection with the Centredale Manor Superfund Site in North Providence, Rhode Island. After a six-week trial against four remaining defendants, the court entered a finding of CERCLA liability against all of them.

Obtained a defense verdict on behalf of client seeking to enforce the terms of a promissory note. After a two-day trial, the trier of fact found that the promissory note was a sham and unenforceable. The defense verdict saved the client over $2.4 million in principal and interest payments. The defense verdict was upheld on appeal to the Appellate Court of Maryland in 2018. Michael Arkin, Trustee of the Michael Arkin Revocable Trust v. Alicia Arkin, et al. Circuit Court for Montgomery County, Maryland (Case No. 398535V) (2015, 2018).

Obtained summary judgment on behalf of a retailer in a defamation claim after successfully convincing the United States District Court for the District of Maryland that Plaintiff’s claim had no merit. Iheakanwa v. Saks Fifth Avenue, LLC, 2022 WL 3919673 (USDC Maryland 2022). 

Represented Colgate-Palmolive Company in a case alleging the plaintiff developed mesothelioma from using a talcum powder product manufactured by Colgate.  After several years of litigation, we obtained an Order from the Court excluding plaintiff’s proffered expert on product testing/contamination, human tissue fiber burden and specific causation on Daubert grounds.

Represented Colgate-Palmolive Company in a case alleging the plaintiff developed mesothelioma from using a talcum powder product manufactured by Colgate. Successfully obtained Orders from the Circuit Court of Baltimore City excluding any testimony about, or use of, plaintiff’s purported evidence that Colgate’s product was contaminated with asbestos as well as an Order precluding Plaintiff’s expert from testifying about his analysis of the Plaintiff’s pathology tissue. These results caused the Court to enter summary judgment in favor of Colgate.

Prosecuted a cost recovery/allocation action against several potentially responsible parties related to the Providence, Rhode Island Superfund site on behalf of a large power tools manufacturer in the District of Rhode Island.