Contacts

Environmental, Products Liability and Toxic Torts

Overview
Cases

Eimer Stahl represents clients in product liability, toxic tort, and environmental litigation, including defective product and failure to warn claims, natural resources damages claims, Clean Air Act prosecutions, Superfund and related contribution litigation, and environmental enforcement litigation.  These cases have included class actions, multidistrict litigation and individual actions brought in federal and state courts throughout the country. 

Representative cases include:

  • Defending an oil refiner against a host of federal and state court actions filed by local and state governments and private water suppliers alleging that the oil industry’s use of MTBE in gasoline contaminated groundwater and drinking water resources (In re MTBE Litigation)
  • Chondrolysis litigation, involving more than a hundred personal injury cases filed in state and federal courts around the country against a medical device manufacturer alleging failure to warn (Chondrolysis Litigation)
  • Representing an oil refiner in a two-week jury trial of a personal injury lawsuit arising out of an accidental chemical release at one of its refineries and obtaining a jury verdict of no permanent injury and a nominal award for temporary respiratory injuries that were conceded at trial (Bland v. CITGO)
  • Securing acquittal of an oil refiner on three of five felony counts in a federal criminal trial where the refiner's Corpus Christi refinery was charged with willfully violating federal environmental laws, and winning a motion to cap the fine at $2 million against the government’s argument for a maximum fine of $2 billion (U.S. v. CITGO)

Other Complex Litigation Practice Areas

Representative cases include:

  • Defending an oil refiner against a host of federal and state court actions filed by local and state governments and private water suppliers alleging that the oil industry’s use of MTBE in gasoline contaminated groundwater and drinking water resources (In re MTBE Litigation)
  • Chondrolysis litigation, involving more than a hundred personal injury cases filed in state and federal courts around the country against a medical device manufacturer alleging failure to warn (Chondrolysis Litigation)
  • Representing an oil refiner in a two-week jury trial of a personal injury lawsuit arising out of an accidental chemical release at one of its refineries and obtaining a jury verdict of no permanent injury and a nominal award for temporary respiratory injuries that were conceded at trial (Bland v. CITGO)
  • Securing acquittal of an oil refiner on three of five felony counts in a federal criminal trial where the refiner's Corpus Christi refinery was charged with willfully violating federal environmental laws, and winning a motion to cap the fine at $2 million against the government’s argument for a maximum fine of $2 billion (U.S. v. CITGO)
  • On behalf of an oil refiner, winning dismissal with prejudice of two Maryland state court actions alleging property damage and contamination caused by leaking underground storage tanks at two branded gasoline stations (Ayala v. CITGO, et al. and Beazley v. CITGO, et al.)
  • Defeating class certification in a lawsuit against gasoline manufacturers by Florida boat owners who claimed that their boats’ engines and fuel systems were damaged by ethanol-blended fuel (Kelecseny v. Chevron, et al.)
  • Representing a chemical company in a 2,000-plus plaintiff lawsuit alleging exposure to chemicals emanating from chemical plants and refineries in Texas City, Texas (Allen, et al. v. Sterling Chemical, et al.)
  • Lead counsel in successful argument before Louisiana Supreme Court to reverse certification of community-wide pollution and diminished value class action (Price, et al.v. Martin, et al.)