Product Liability and Toxic Tort / Environmental
PRODUCT LIABILITY AND TOXIC TORT
When it comes to product liability and toxic tort matters, we are the choice for clients who want highly-skilled lawyers willing and able to take the case to and through trial. Our lawyers try product liability and toxic tort cases across the country for national clients, often in high profile and complex matters. We have served as lead national counsel in major product liability litigation, including in multidistrict litigation involving medical devices and the manufacture of welding products. We have handled almost every type of toxic tort case involving claims of personal injury and property damage, including claims arising out of oil spills, benzene, silica, PCBs and other chemical exposures, radioactive contamination and industrial explosions and fires. We have served as lead counsel in mass torts arising out of large chemical releases, managing thousands of claims, handling all aspects of discovery and pre-trial practice and trying cases successfully to judges and juries.
We bring a depth of experience to environmental litigation and regulatory matters, handling a wide variety of matters, including claims for natural resources damages, claims by governmental entities and landowners for property contamination from historic oil and gas operations, and claims of coastal erosion and other litigation and regulatory matters involving environmental damage to property. We also represent insurers in coverage matters relating to large-scale environmental liabilities. We are hired by clients in the most challenging of environmental matters. As an example, we represented successfully a major refining company in the first-ever Oil Pollution Act civil enforcement action trial against the Department of Justice.
Some of our most notable representations include:
- DePuy Hip Litigation
The Firm serves as national trial counsel for DePuy Orthopaedics, Inc., part of the Johnson & Johnson family, in two separate national litigations brought by plaintiffs who allege they received defective hip implants manufactured by DePuy. The firm tried the first case to a defense verdict in Dallas, Texas, MDL on one medical device and tried the first case in an Illinois consolidated proceedings on a different medical device to a defense verdict.
- Welding Rod Litigation
As national lead trial counsel for the welding industry, the firm won all 6 jury trials, on ten plaintiffs’ claims, that we handled in the nationwide product liability litigation. Juries in Cleveland, Ohio, New Orleans, Louisiana, Madison County, Illinois, and Akron, Ohio unanimously rendered complete verdicts for the defendants in those cases. The firm continues to represent the welding industry.
- CITGO Oil Spill Litigation
The firm has successfully represented CITGO Petroleum Corporation, a major oil company, in cases arising out of the second largest onshore oil spill in United States history, including the first-ever Clean Water Act civil penalty enforcement action brought by the U.S. Department of Justice under the Oil Pollution Act to go to trial.
Our firm frequently represents energy companies in “legacy” lawsuits brought by landowners claiming property contamination from oil and gas production and exploration activities. In one such case, the landowners sought to recuse a trial judge on constitutional-law grounds based on past judicial campaign advertisements.
Law360 selected Richard E. Sarver and Celeste Coco-Ewing as Legal Lions for securing a complete defense verdict in defense of Janssen Pharmaceutical’s Xarelto.
A Barrasso Usdin trial team successfully defended Johnson & Johnson and DePuy Orthopaedics in the first bellwether trial in the multidistrict litigation involving a DePuy hip implant.
A Cook County, Illinois jury returned a complete defense verdict awarding the plaintiff nothing in only the second product liability trial in the Johnson & Johnson DePuy hip litigation.
In a landmark decision on choice of law and punitive damages, the Louisiana Supreme Court has held that corporate decisions made at a company’s out-of-state headquarters did not warrant a choice of a foreign state's punitive-damages law in a case involving a major oil spill at a large Louisiana refinery.
In the first-ever trial under the civil-penalty provisions of the Oil Pollution Act (OPA), the U.S. District Court for the Western District of Louisiana adopted arguments and evidence presented by Barrasso Usdin trial lawyers in rejecting a $247 million penalty championed by the U.S. Department of Justice after the firm's client - a major oil company - admitted fault for a 2006 oil spill from its land-based refinery into the Calcasieu River.
Firm lawyers succeeded in defeating a summary judgment motion filed by the United States against CITGO Petroleum Corporation in a Clean Water Act civil enforcement action pending in the United States District Court for the Western District of Louisiana.
Firm lawyers win summary judgment for CITGO Petroleum Corporation in a toxic tort case pending in the United States District Court for the Western District of Louisiana.
- Mann v. Airco/The BOC Group, Inc. et al., In re: Welding Fume Products Liability Litigation, MDL No. 1535 (N.D. Ohio).
Barrasso Usdin lawyers secured their fifth consecutive defense verdict for the welding consumable manufacturing industry.
- Ray v. Lincoln Electric Co., et al., In re: Welding Fume Products Liability Litigation, MDL No. 1535 (N.D. Ohio).
Barrasso Usdin has won another victory on behalf of manufacturers of welding products, this time without having to go to court.
- March 3, 2020
- January 15, 2020
- November 4, 2019
- November 1, 2019
- October 8, 2019
- September 2, 2019
- August 15, 2019
- April 26, 2019
- March 1, 2019
- November 14, 2018
- November 1, 2018
- October 1, 2018
- August 15, 2018
- May 4, 2018
- May 1, 2018
- February 26, 2018
- February 16, 2018
- December 27, 2017
- November 13, 2017
- November 1, 2017
- August 17, 2017
- August 4, 2017
- May 30, 2017
- Richard E. Sarver and Celeste Coco-Ewing named as Law360 Legal Lions for win in first bellwether trialMay 5, 2017
- January 6, 2017
- November 1, 2016
- September 7, 2016
- December 24, 2015
- November 2, 2015