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REPRESENTATIVE MATTERS
Oil and Gas Industry
In re Exxon Valdez: Trial counsel for Exxon in the Exxon Valdez Oil Spill litigation during the federal compensatory damages phase in Anchorage, AK in which the pre-trial demand exceeded $900 million in diminished fishing profits and asset values; the net jury award of $67 million failed to cover plaintiffs' attorneys' fees and expenses; chief strategist behind successful summary judgment motion that resulted in savings of an estimated $250 million; led team of world-renowned experts in marine biology, chemical engineering, natural resources, and econometric regression analyses.
Trial counsel for ARCO Marine in 20+ matters in federal court involving alleged operational, engineering and/or design defects in its tanker fleet; successfully procured defense verdicts in federal court in the only two matters to be tried.
Assisted with permit application process for proposed Cross-Cascades pipeline for major pipeline company; responsible for analyzing and preparing testimony to be submitted to Washington's Energy Facility Site Evaluation Council regarding estimated spill frequency and volume and potential harm to environmentally sensitive areas and marine life.
Benton County PUD v. A.B. Chance/Washington Water Power v. Emerson Electric: Represented major manufacturer of electrical products in product liability actions brought by eastern Washington PUDs in federal court for potential failure of distribution class insulators; settled at less than 25% of alleged damages; successfully argued motions to dismiss RICO claims and to limit damages under the Washington Product Liability Act.
Wainwright-North Slope School District v. ARCO Chemical: Represented ARCO Chemical in $3+ million product liability action in state court alleging that a major fire loss to Wainwright's school complex was caused by the defective flammability characteristics of ARCO Chemical's extruded polystyrene insulation; plaintiff voluntarily dismissed with prejudice after depositions were taken of its fire and chemical liability experts.
Represented major health care organization in defense of federal and state class actions ($30+ million at risk) alleging failure to provide medical benefits for naturopaths, massage therapists, and acupuncturists under the Every Category of Provider Act; successfully settled dispute without motions or formal discovery at one-tenth of the cost of earlier class actions against competitor health care providers.
Bryant v. American Seafoods: Defended class action against maritime vessel owners/employers in federal court alleging deliberate failure to provide mandatory medical benefits to seamen; successfully moved to dismiss lawsuit for lack of standing.
In re Hyundai Seattle: Defended container ship owner in federal court action by cargo underwriters to recover $15+ million in cargo lost overboard while the Hyundai Seattle was enroute from Pusan, Korea to Seattle; prepared and defended experts from around the world on the key issues of weather, navigation, stowage, welding, fuel, power-plant engineering and diesel electric engines; settled at mediation for 25% of alleged damages.
Conducted due diligence in the $650,000,000 acquisition of American Seafoods by a venture capital group, including review of American Seafoods' personal injury history and pending claims, insurance program, crew contracts, executive contracts, USCG, EEOC and OSHA complaints, fisheries endorsements, charters, vessel appraisals, maintenance records, and vessel lien history.
Defended action in federal court by former East German trading organization against Switzerland-based fishing company involving maritime liens, challenges to legal title, improper asset registration, and fraud; conducted discovery and coordinated the preparation of experts in England, France, Mauritania, Cyprus, and Russia.
Defended major provider of port security involving alleged violations of covenant not-to-compete and non-disclosure agreement, misappropriation of trade secrets, tortuous interference with business expectancy, and civil conspiracy.
Defended 75+ seamen's personal injury actions on behalf of maritime employers/vessel owners in federal and state court; successfully procured defense verdicts in all matters that proceeded to trial.
Defended personal injury claims by passengers in federal court against major cruise line operators.
Successfully prosecuted $2.0 million in claims by major cold storage company for property loss and loss of profits caused by design defects in insulated flooring system of regional warehouse; professional liability carrier for target engineering firm tendered full limits of malpractice coverage to settle.
Represented start-up restaurant owner in claim for property damage and loss of profits caused by the multi-floor collapse of a brick façade from an adjacent high-rise building in high winds; established new law regarding successive-owner liability and statute of repose.
Successfully prosecuted $1.0 million in claims by plastic recycling center in state court for property loss and loss of profits caused by collapse of warehouse roofing system during rain storm.
Westmoreland v. Cincinnati Insurance Company: Prosecuted bad faith claim against underwriter in federal court for refusal to pay insured losses, including for the death of 20+ dogs and cats boarded at client's kennel; jury awarded full limits of coverage and bad faith damages, including attorneys' fees and costs.
Successfully defended against insurance claim by the Gambino crime family for property loss to night club caused by arson.
Defended and prosecuted 40+ hull claims and coverage disputes for regional hull insurance pools.
Prosecuted 20+ subrogation actions for Lloyd's of London Underwriters.
Prosecuted multi-million dollar property loss claim in federal court by regional grain facility caused by explosion of grain elevator during off-load operations.
Defended copyright infringement action against former rock group WAR; successfully obtained dismissal with prejudice.
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