Environmental Litigation
The Firm has a breadth of experience in defending multi-plaintiff and class action lawsuits alleging harm from releases of hazardous substances, hazardous waste, and petroleum products. The Firm's litigators have defended a number of lawsuits involving claims for personal injuries and property damages arising from releases of creosote, dioxins, petroleum products, PCPs, and wastes from poultry operations. In the past our litigators have also handled the defense of mass tort lawsuits arising from releases of PCB, nitric acid, dinitrogentetroxide, petroleum products, NORM, dioxin and byproducts of oil and natural gas drilling and production operations. In addition, the Firm has handled litigation among private parties concerning environmental liabilities under CERCLA, contracts and common law.
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Representative Matters
- The Firm represented Koppers,
Inc. and Beazer East, Inc. in a personal injury action arising out of alleged
exposure to harmful levels of toxic chemicals. The Mississippi Supreme court affirmed their dismissal based on failure
of the plaintiff's expert to provide causal link between injuries and alleged
contamination. Collins v. Koppers, Inc. et al, No. 2009-CA-01678-SCT (April 21,
2011).
- The Firm represented Koppers,
Inc. and Beazer East, Inc. in a personal injury action arising out of alleged
exposure to harmful levels of toxic chemicals released from defendants’
wood-treatment facility. Clarifying existing law, the Mississippi Supreme Court
held that under Mississippi
law a cause of action for personal injury accrues upon discovery of the injury,
not discovery of the cause of the injury. Also, the Court held as a matter of first impression that the Federal
discovery rule contained in CERCLA did not pre-empt Mississippi’s three-year statute of
limitations on personal injury claim. The Mississippi Supreme Court affirmed
the award of summary judgment. Angle v. Koppers, Inc. et al, 42 So.3d 1 (Miss. 2010).
- Represented Tyson Foods, Inc. in
toxic exposure and diminution in property value lawsuits filed on behalf of
over 4,600 plaintiffs resulting from Tyson’s partial ownership of a poultry
rendering facility. Matter resolved for
fraction of damages sought.
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