Construction Litigation

• Defense of contractor in a matter alleging over $30 million in diminished property value of a luxury apartment complex as a result of various construction and design defects, including improperly specified and installed fire suppression sprinklers and improperly designed and constructed balconies.
• Defense of national home builder against claims including breach of warranty, breach of contract, negligence, construction defect, and personal injury.
• Defense of project management consultant in negligent highway design claim relating to violations of the Clean Water Act and Oil Pollution Act.
• Defense of construction manager and construction engineer in litigation involving the wrongful death of a stainless steel factory worker as a result of exposure to carbon monoxide.
• Defense of a civil engineer in professional negligence claim involving the subsurface failure of a green parking lot.
• Achieved dismissal of civil engineer in class action alleging professional negligence in design of storm water management system resulting in flooding.
• Defense of engineer in claims involving negligent design of a school HVAC system resulting in sick building syndrome.
• Lead of rapid response team for global construction and civil engineering company’s construction of 700 MW natural gas power plant.
• Achieved dismissal of utility contractor in case alleging contraction of Legionnaires’ Disease.
• Defense of construction manager as agent in delay claims litigation.
• Defense of civil engineer in claim involving professional negligence in design of Maintenance of Traffic Plan resulting in accident rendering motorcyclist a paraplegic.
• Achieved dismissal of construction manager in claims stemming from the collapse of HVAC ductwork installed in a school cafeteria that resulting in serious injury to students.
• Achieved dismissal of historic preservation consultant in litigation involving electrocution of demolition laborer.

Mass and Toxic Tort and Environmental Litigation

• Achieved summary judgment for property manager of 1,000+ unit property in mass action alleging exposure to mold and mildew.
• Defense of chemical manufacturer in class action alleging diminution of property value from alleged exposure to hexavalent chromium.
• Counseled national developer and property management company regarding alleged tenant exposure to radon and compliance with regulatory testing and notice requirements.
• Defense of a chemical manufacturer in environmental contamination class action seeking medical monitoring and compensation for alleged diminution of property value as a result of proximity to environmental contamination.
• Defense of chlorine manufacturer in mass tort alleging property diminution of personal injury resulting from exposure to particulates and sulfides.
• Representation of chemical manufacturer in investigation by the National Safety Transportation Board (NTSB) involving chemical leak from ruptured rail car.
• Defense of legacy manufacturer in mass action regarding alleged property diminution and wrongful death involving exposure to trichloroethylene (TCE).
• Defense of chemical manufacturers and trade associations in various state and federal mass and toxic tort suits involving claims of intentional tort, fraud, and civil conspiracy.
• Representation of manufacturers in consumer class actions relating to slack-fill allegations, mislabeling claims, and other misleading claims.
• Defense of wall component manufacturer in various suits alleging product liability and breach of warranty claims stemming from the growth of mold in hotels and nursing homes.
• Defense of appliance manufacturer in negligence suits stemming from the growth of mold in plaintiffs’ workplace.

Defense of Product Liability and Negligence Claims

• Defeated class certification in a putative class action alleging consumer warranty, strict product liability, and consumer protection violations concerning the manufacture and marketing of a wood plastic composite decking product.
• Defense of utility company in litigation alleging utility placement resulted in wrongful death.
• Representation of manufacturer of waste heat recovery boilers and pollution control equipment in dispute alleging defective design and manufacture.
• Defense of exercise equipment manufacturer in class action alleging breach of warranty and consumer protection violations.
• Defense of food manufacturer in class action alleging sale of adulterated food and consumer protection violations.
• Defense of manufacturers of valves and supply lines, in subrogation claims alleging product defect resulting in flood damage.
• Defense of installer and supplier of industrial warehouse racking system in breach of contract and product defect dispute.
• Defense of automobile and other consumer product manufacturers in product liability and breach of warranty suits, including consumer class actions.
• Defense of property owners in premises liability litigation, including oral argument before the 8th Appellate District of Ohio in which summary judgment was affirmed.

Product Warranty and Labeling Counseling

• Advising consumer product manufacturer on potential liability and public statements regarding PFAS product content.
• Advising manufacturer on marketing material compliance with the FTC Green Guides and avoidance of greenwashing claims.
• Advising consumer product manufacturer on warning label compliance with ANSI standards.
• Drafting warranty language and terms and conditions for lighting manufacturer.
• Advising coatings manufacturer on Material Safety Data Sheet language.