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Timothy J.Coughlin

Partnermoc.eniHnospmohT@nilhguoC.miT
Cleveland

O 216.566.5523

Timothy J.Coughlin

Partner
moc.eniHnospmohT@nilhguoC.miT
Cleveland

O 216.566.5523

Focus Areas

Representative Litigation

  • National representation of multiple chemical companies and the industry trade association in wrongful death product liability and industry wide conspiracy claims involving occupational and consumer exposure to vinyl chloride.
  • Defense of a putative class action against a leading coatings manufacturer arising out of claimed environmental contamination involving hexavalent chrome in Jersey City, New Jersey.
  • National representation of an after-market automotive supplier in product liability, wrongful death and contractual disputes.
  • National representation of the largest polymer service company in product liability matters, including cancer endpoint and lung diseases.
  • Multi-state representation of a target defendant in a $282 million damage phase of consumer class action-based litigation concerning dip tubes in water heaters.
  • Defense of an Ohio putative consumer class action against a leading beverage maker.
  • Defense of a putative class action against a global coatings manufacturer arising out of claimed environmental contamination involving groundwater solvent contaminants in Louisville, Kentucky.
  • Defense of several chemical manufacturers in a putative class action arising out of occupational exposure to known carcinogen at a chemical facility in New Jersey.
  • Defense of a putative consumer class action in Ohio against a leading power tool manufacturer.
  • Defense of chemicals and coatings manufacturer from a chlorine railcar breach in West Virginia, including root cause analysis, third-party claims administration, facility damage analysis, federal agency interaction of cause analysis and indemnity claims analysis.
  • Defense of global chemicals manufacturer in claimed pulmonary fibrosis matter arising out of exposure in aerospace industry in California.
  • Defense of global chemicals manufacturer in claimed exposure from rail car valve leak in Ohio.
  • Defense of a chemicals and coatings manufacturer in mass action for medical monitoring, property damage and personal injury arising out of alleged environmental contamination in West Virginia.
  • Representation of a commercial vehicle parts manufacturer in multiple property damage, death and cancer claims in Mississippi arising from claimed TCE exposure.
  • Representation of a commercial vehicle parts manufacturer in an action by the State of Mississippi for alleged ground water contamination with TCE.
  • Defense of a global hand tool manufacturer in medical monitoring and property damage claims arising out of alleged environmental solvent contamination in groundwater in Pennsylvania.
  • Representation of a leading coatings manufacturer in personal injury benzene litigation in Ohio.
  • Representation of a multinational chemical company in pesticide application litigation in Ohio.
  • Representation of a global coatings company against claims of environmental and groundwater contamination involving perchlorate in California.
  • Representation of a polymer service company against claims of pulmonary fibrosis allegedly caused by resin dust exposure in California.
  • Representation of a leading chemicals and coatings manufacturer in numerous TCE exposure cases claiming Parkinson’s disease and Parkinsonism in Kentucky and West Virginia.
  • Representation of coatings companies on strategies concerning BPA use and applications.
  • Representation of a pharmaceutical manufacturing company in an Ohio wrongful death action.
  • Representation of handgun manufacturers in various Ohio municipal litigation matters.

Technology Related Representation

  • Represents court automation software firm in contract negotiation and licensing issues.
  • Represented software firm in $20 million sale to publicly traded government consulting firm.
  • Represents business-to-business firm in acquisition of media, print and database firm.
  • Represents Fortune 10 automaker in consumer facing web site compliance issues.

Reported Cases – Ohio Supreme Court

  • Valentine v. Conrad, 110 Ohio St. 3d 42 (2006) – Decision changed Ohio law governing expert witness testimony and admissibility.
  • Michaels v. Ford Motor Company, 650 N.E.2d 1352 (Ohio S. Ct. 1995) – Duty of landowner in construction industry death case.

Reported Cases – Federal Circuit and District Court

  • Bernard Shiner et al., v. BASF Catalysts, LLC, Case No. 1:19-cv-1591 United States District Court, N.D. Ohio, Eastern Division. September 24, 2021 – Duty of chemical plant landowner to contractor.
  • Cooper v. Meritor, Inc., No. 4:15-CV-52-DMB-JMV, (N.D. Miss. Mar. 4, 2019) – Excluding plaintiffs’ experts in groundwater damage claims.
  • Cooper v. Meritor, Inc., No. 4:16-CV-52-DMB-JMV, (N.D. Miss. Feb. 11, 2019) – Excluding plaintiffs’ experts in groundwater solvent damages matter.
  • Mississippi ex rel. Hood v. Meritor, Inc., CIVIL ACTION No. 4:17-CV-74-SA-JMV, (N.D. Miss. Mar. 13, 2018).
  • Taylor v. Am. Chemistry Council, 2009 U.S. App. LEXIS 17321 (1st Cir. Mass. Aug. 3, 2009) – Summary judgment upheld on sophisticated user in chemical industry.
  • Taylor v. Airco, Inc., 2007 U.S. Dist. LEXIS 64441.
  • Hogan v. Goodrich Corp., 2006 WL 149011 (W.D. Ky. Jan. 17, 2006) – Summary judgment for chemical industry on conspiracy claims.
  • Bogner v. Airco, Inc., 353 F. Supp. 2d 977 (C.D. Ill. 2005) – Summary judgment for chemical plant owner on employer intentional tort/chemical exposure claim.
  • BP Chemicals, Inc. v. First State Insurance Co., U.S. Ct. App. 6th Cir., 2000 U.S. App. LEXIS 22136.
  • Roney v. Gencorp, et al., No. 3:05-0788, Judgment Order entering jury verdict in favor of defendant (S.D.W. Va. Oct. 9, 2009) – Verdict for chemical supplier in cancer wrongful death claim.
  • Roney v. Gencorp, et al., No. 3:05-0788, 2009 U.S. Dist. LEXIS 80849 (S.D.W. Va. Sept. 4, 2009) – Decision changed West Virginia law governing learned intermediary defense/sophisticated user.

Reported Cases – State Court

  • Tesero Frias, et al. v. BASF Corporation, et al. No. BC641789 – Superior Court of California County of Los Angeles, 2021 – Order granting spoliation sanctions against opposing counsel.
  • Meritor, Inc. and Textron, Inc., vs. State of Oklahoma, ex rel. Board of Regents of the University of Oklahoma, No. IN-117498, slip op. (Okla. Civ. App., Sept. 27, 2019) – Sustaining privilege claim over consulting expert work product by public institution.
  • Cooper v. BASF Inc., et al., No. 26324, Ohio App., 9th Dist.; 2013 Ohio App. LEXIS 2836. – Sustaining summary judgement in pesticide exposure matter.
  • Gay v. O.F. Mossberg & Sons, Inc., 2009-Ohio-2954 – Sustaining summary judgment in firearms design defect claims.
  • Buynie v. Airco, Inc., 2007 WL 2275013 (N.J. Super. A.D., 2007) – Summary judgment for chemical manufacturer.
  • McEldowney v. Air Products & Chemicals, Inc., 2007 Mich. App. LEXIS 1452 – Summary judgment for chemical manufacturers on product liability and industry wide conspiracy claims.
  • Anderson v. Airco, 2004 WL 2827887 (Del Super. Nov. 30, 2004); 2004 WL 1551484 (Del. Super. June 30, 2004) – Summary judgment in chemical exposure matter.
  • Mayor v. Ford Motor Co., 2004 WL 1402692 (Ohio 8th Dist. Ct. App. June 24, 2004).
  • Furness v. Pois, 107 Ohio App. 3d 719 (Ohio App. 1995) – Summary judgment upheld on expert exclusion.

 

 

 

  • Co-Author, “How to Explain Causation Theories to the Court,” For the Defense, DRI Toxic Tort and Environmental Law, June 2020
  • Co-Author, “Admissibility of Scientific Expert Testimony,” National Business Institute, June 2019
  • Co-Author, “A View from Across the Pond: Perspectives on the US litigation arena,” Toxic Torts and Environmental Law Seminar, Defense Research Institute, New Orleans, LA
  • Co-Author, “Strategically Using Motions in limine,” National Business Institute, December 20, 2018
  • Co-Author, “Resolving Discovery Disputes,” National Business Institute, December 20, 2018
  • “Be Careful What You Wish For: Revised TSCA Process Slower Than Industry Hoped,” Thompson Hine Product Liability Litigation Update, February 2017
  • “Social Media, the Internet and Electronically Stored Information (ESI) Challenges,” National Business Institute, September 2016
  • “TSCA Overhaul Will Have Major Impact on Chemical Manufacture & Use,” Thompson Hine Environmental Update, June 2016
  • Co-Author, “The Ongoing Anti-BPA Crusade in the United States: A Disservice to Science and Consumers,” Washington Legal Foundation, July 10, 2015
  • Co-Author, “RFPs, AFAs, LPM, KPIs: Unpacking the Alphabet Soup of 21st Century Legal Service Delivery,” Toxic Torts and Environmental Law Seminar, Defense Research Institute, Austin, TX
  • “California DTSC Finalizes Green Chemistry Playbook,” Thompson Hine Green Products Update, April 2015
  • Co-Author, “Changing Times: How Dukes Circumscribes Mass Toxic Tort Class Certification,” Thompson Hine Product Liability eNewsletter, Winter 2015
  • Co-Author, “States Take the Lead on Legislating BPA Even Where United States & European Nations Have Found BPA Safe as Currently Used,” Thompson Hine Product Liability Update, March 2015
  • “Suit Urges EPA to Regulate Nanosilver, Remove Products from Shelves,” Thompson Hine Product Liability Update, January 2015
  • “Potential Changes to OSHA’s PSM Standard & EPA’s RMP Regulation,” Thompson Hine Chemical Industry Update, October 2014
  • “OSHA Seeks Comments on Proposed Changes to Process Safety Management Regulations,” Thompson Hine Chemical Industry Update, January 2014
  • “W.Va. Chemical Spill Prompts Dubious Regulatory Fixes,” Law360, January 21, 2014
  • Co-Author, “No Going Back: Strategies for Opposing Remand Under CAFA’s Exceptions,” Washington Legal Foundation – Critical Legal Issues Working Paper Series (Dec. 2013)
  • “And The Defense Wins,” The Voice, Defense Research Institute, August 7, 2013
  • Co-Author, “Digging Deeper: Mass Toxic Tort Class Certification after Dukes, Comcast, and Amgen,” Toxic and Hazardous Substances Litigation, July 2013
  • “And The Defense Wins,” The Voice, Defense Research Institute, February 2012
  • “Green Products Update: California Proposes New Green Chemistry Regulations,” Thompson Hine Product Liability Alert, November 2011
  • “Bottles, Cans, and Bans: The Latest Dispatch from the BPA Battlefield,” For The Defense, Defense Research Institute, March 2011
  • “Preventing Forum Shopping Sprees: How to be the Squeaky Wheel on a Forum Shopping Cart,” For the Defense, October 2005
  • “The Benefits of an Extranet,” For The Defense, Defense Research Institute, January 2001
  • “Science Day: Back to School on How to Explain Causation Theories to the Court,” Toxic Torts & Environmental Law Seminar, Defense Research Institute, February 2020, Phoenix, AZ
  • “Evidence, Science and the Law – Learn from the Experts!”, National Business Institute, August 16, 2019
  • Moderator “A View from Across the Pond: Perspectives on the US litigation arena,” Toxic Torts & Environmental Law Seminar, Defense Research Institute, March 2019, New Orleans, LA
  • “Strategically Using Motions in limine,” National Business Institute, December 20, 2018
  • “Resolving Discovery Disputes,” National Business Institute, December 20, 2018
  • “Social Media, the Internet and Electronically Stored Information (ESI) Challenges,” National Business Institute, September 2016
  • “The Ins and Outs of TSCA Reform,” Ohio Chemistry Technology Council, September, 2016
  • Moderator, “RFPs, AFAs, LPM, KPIs: Unpacking the Alphabet Soup of 21st Century Legal Service Delivery,” Toxic Torts and Environmental Law Seminar, Defense Research Institute, March 2015, Austin, TX
  • “Social Media Use and Other Complex Jury Issues,” National Business Institute, November 20, 2014
  • “On the Horizon: Trends Facing the Chemical Industry,” Thompson Hine LLP seminar, Cleveland, Ohio, December 5, 2013
  • “Handling ‘Rambo’ Litigators in Ohio,” National Business Institute, September 2012
  • “Are You Covered? Emerging Legal Threats and Their Coverage Issues, Risk International,” Thompson Hine LLP seminar, Cleveland, December 2011
  • “We’re the Government and We Are Here to Help: The Never-ending Story(ies) of Scientific Missteps at EPA Under the IRIS Process,” What’s Next in Chemical Industry Regulation, Litigation and Advice, Thompson Hine LLP seminar, Cleveland, December 2011
  • “Employing Effective Defense Strategies to Explain Complex Science and Medical Terminology to Judges and Juries,” Chemical Products Liability & Environmental Litigation Conference, April 2011
  • “Bottles, Cans and Bans: The Latest Dispatch from the BPA Battlefield,” Defense Research Institute Annual Meeting, San Diego, October 2010
  • “Winning Your First Civil Trial,” National Business Institute, Cleveland, September 2010
  • “Strengthening Defense Positions Despite Regulatory Changes Made by the Obama Administration: Overcoming Preemption Hurdles, Accepting Proposed TSCA Changes, and Coming to Terms with Chemical Bans,” American Conference Institute’s Chemical Products Liability and Environmental Litigation, Chicago, April 2010
  • “Chemical Regulation and Its Impact on Product Liability Law,” 2010 Goodyear Law Conference, April 2010
  • “TSCA Update: The Toxic Substances Control Act (TSCA) – What Are the Big Threats to Chemical Manufacturers as Congress Considers Changes?”, Ohio Chemistry and Technology Council 32nd Annual Conference, Columbus, Ohio, April 2010
  • “Evidence and Expert Testimony Best Practices: Supporting Your Case,” Cleveland, December 2009
  • “Best Practices in Mass, Complex and Toxic Tort Litigation,” Thompson Hine LLP seminar, Cincinnati, November 2009
  • “Best Practices in Mass, Complex and Toxic Tort Litigation,” Thompson Hine LLP seminar, Cleveland, May 2009
  • “Anti-Chemical Initiatives (chemical bans, chemical deselection mandates, and the future),” Ohio Chemistry Technology Council Annual Conference, Columbus, Ohio, April 2009
  • “Trends in Litigation,” Association of Corporate Counsel Seminar, Cleveland, July 2002
  • “Using High Tech Tools for Litigation: A Survey of Cutting Edge Technology to Assist In-house Counsel,” ACCA Conference for Corporate Counsel 2002, Washington, D.C., June 2002
  • “Emerging Trends in Liability Litigation,” PricewaterhouseCoopers General Counsel Forum, February 2002
  • “Techno Torts,” Network of Trial Law Firms, Stamford, Connecticut, July 2001
  • Listed as a Litigation Star by Benchmark Litigation, 2012-2024
  • Selected for inclusion in The Best Lawyers in America© 2013 to 2024 for Commercial Litigation, Mass Tort Litigation/Class Actions-Defendants, and Product Liability Litigation-Defendants; named the Best Lawyers® 2024 Product Liability Litigation-Defendants “Lawyer of the Year” in Cleveland
  • Selected to the Ohio Super Lawyers list, 2014-2024
  • The Burton Award for Legal Achievement, 2006
  • AV® Preeminent Rated by Martindale-Hubbell

Professional Associations

  • Federal Bar Association, Northern District of Ohio Chapter, Member
  • Ohio Chemistry Technology Council (OCTC), Member
  • Defense Research Institute, Toxic Tort and Environmental Law 2014-2016 Committee Chair; 2013-2014 Committee Vice Chair; 2012-2013 Seminar Program Chair; Corporate Counsel Roundtable Steering Committee, 2015
  • International Association of Defense Counsel
  • U.S. Law Firm Group Litigation Section Representative
  • Society of Chemical Manufacturers and Affiliates, Representative
  • Chemical Industry Council of Illinois, Member
  • Ohio Association of Civil Trial Attorneys
  • Cleveland Metropolitan Bar Association, Litigation & Environmental Section
  • Ohio Oil and Gas Association (OOGA), Member

Community Activities

  • Friends of Breakthrough Charter Schools Board Member, 2015 to present
  • Bruce Baskin/Cystic Fibrosis Golf Tournament Board, 1986 to present; tournament chairman, 1998

Education

  • Case Western Reserve University School of Law, J.D., 1984,

    Order of the Coif

  • University of Notre Dame, B.B.A., 1981

Bar Admissions

  • Ohio

Court Admissions

  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio