Toxic Exposures

Following a two week jury trial, obtained defense verdict in lawsuit filed against manufacturer of asbestos containing product alleging exposure to asbestos at various construction sites in Maryland and the District of Columbia.

Successfully defeated plaintiffs’ appeals of jury verdicts in favor of Research Institution on claims of failure to properly oversee childhood lead research study. 

Mike has obtained summary judgment on behalf of multiple defense contractors in federal court cases alleging mesothelioma caused by exposure to asbestos. In some cases, Mike successfully argued that the client’s liability could not extend to replacement or auxiliary components or equipment manufactured and supplied by others, but used in relation to the client’s product. In other cases, Mike executed discovery strategies that revealed missing links in the plaintiffs’ product identification evidence that led directly to summary judgment.

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.

Lead national counsel defending manufacturer of multi-purpose power tools through three waves of mass tort litigation asserting claims for exposure to dust containing a variety of allegedly hazardous materials (asbestos, silica, wood and metal dusts) contained in work pieces and materials manufactured by other companies. Developed comprehensive, coordinated assertion of “no legal duty to warn” defense as a variation of evolving “component parts” and “bare metals’ defenses in state and federal claims asserted in multiple jurisdictions over nearly a decade. This strategy resulted in dozens of dismissals without payment in cases across the country and successful summary judgment decision eliminating litigation in certain jurisdictions and providing a basis for subsequent dismissals without payment in other jurisdictions. (Summary Judgment Decision – Abate v. Advanced Auto Parts, et al., Connecticut Superior Court, Bridgeport (FBT-CV10-6005674)

Lead national counsel defended a plumbing fixture manufacturer in connection with asbestos claims brought in multiple jurisdictions around the country. Conducted a forensic product-line investigation that established product defenses for the client on the merits, pursued indemnity claim against a corporate predecessor based on transaction documentation and successfully established an asset purchases defense to future cases (demonstrating direct liability of corporate predecessor). Obtained dismissals without payment on early asbestos claims on the merits. After unsuccessful indemnity litigation in California State Court with the predecessor, successfully asserted successor liability defense in future cases and obtained summary judgment (opposed by the predecessor) for the client establishing no liability for the client for product line, and direct liability of the predecessor for such claims. (Whelan v. A.O. Smith, et al., Superior Court of New Jersey, Middlesex County (L-7161-12AS))

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.