Boggs v. 3M Co., et al., 527 Fed. Appx. 415 (6th Cir. May 31, 2013)
The Sixth Circuit affirmed summary judgment for our client, 3M Company, based on the statute of limitations, in a case where Plaintiffs claimed the statue was tolled because their lung cancer claims should “relate back” to an earlier complaint. The Sixth Circuit agreed with the trial court that, because the earlier complaint itself was untimely, the amendment could not “relate back.”
The Sherwin-Williams Co. v. Gaines, 75 So. 3d 41 (Miss. 2011)
After Plaintiff was awarded $7 million by a jury in this lead-paint exposure case, we were retained to appeal the verdict to the Mississippi Supreme Court. The Court (en banc) reversed a $7 million verdict for Plaintiff and rendered judgment in favor of Sherwin-Williams, finding that Plaintiff had failed to prove that his alleged brain injury had been caused by his ingestion of Sherwin-Williams lead-based paint. The Court held that Plaintiffs’ expert testimony was unreliable, and that the experts improperly based their opinions on speculation. Moreover, neither of the two experts presented scientific authority that an acute, asymptomatic exposure to lead could cause injuries of the type that Plaintiff alleged. As a result, the experts’ testimony – Plaintiff’s only evidence on causation – should not have been admitted, and Sherwin-Williams was entitled to judgment in its favor.
3M Co. v. Glass, 917 So. 2d 90 (Miss. 2005)
Interlocutory appeal requiring severance of claims by mass-tort plaintiffs.
Georgia-Pacific Corp. v. Mooney, 909 So. 2d 1001 (Miss. 2005)
Reversing circuit court's order transferring case to chancery court.
3M Co. v. Johnson, 895 So. 2d 151 (Miss. 2005)
Obtained reversal of $125 million jury verdict in asbestos litigation.
Titan Indemnity Co. v. Hood, 895 So. 2d 138 (Miss. 2004)
Obtained reversal of $82 million jury verdict in breach of contract and agency agreement suit against insurer.
Hewes v. Langston, 853 So. 2d 1237 (Miss. 2003)
Reversing trial court order requiring defendants to produce a variety of privileged or confidential documents.
Herrington v. Leaf River Forest Products, Inc., 733 So. 2d 774 (Miss. 1999) and Prescott v. Leaf River Forest Products, Inc., 740 So. 2d 301 (Miss. 1999)
We won summary judgment for the defendants in a series of cases where plaintiffs claimed that a pulp and paper mill had discharged dioxins into the river system of South Mississippi, and successfully protected those judgments on appeal to the Mississippi Supreme Court.
Taylor v. Union Planters Bank, 964 F. Supp. 1120 (S.D. Miss. 1997)
Granting motion to dismiss truth-in-lending claims.
Mask and Respirator Litigation
Mask and respirator litigation for 3M Company in products-liability cases brought by plaintiffs alleging injury from exposure to asbestos, silica, or coal dust in connection with their claimed use of 3M respiratory protection products.
Bad Faith, Business Tort, and Fidelity Bond Litigation
Bad faith, business tort, and fidelity bond litigation for the Progressive Insurance Companies, involving direct-action claims by policyholders as well as tortious interference, defamation, and other business tort claims by companies providing services to Progressive policyholders, and claims arising under officer and employee fidelity bonds issued to banks by Progressive.
Condere v. Pirelli Tire
Defended indemnification action relating to tire plant in Vicksburg, MS, for groundwater contamination.
Life Insurance Policy Litigation
"Vanishing-premium" life insurance policy litigation for Jackson National Life Insurance Company and other financial services companies arising from claims by policy-holders who alleged point-of-sale fraud in sales of life insurance policies and other investment vehicles.
Dioxin Litigation for Georgia-Pacific Corporation
Dioxin litigation for Georgia-Pacific Corporation in claims brought by residents of south Mississippi who alleged personal injury and property contamination from operations of pulp and paper mill.