United States of America ex Rel. Kasowitz, Benson & Torres v. BASF Corporation, et al., Case No. 1:16-CV-02269-RMC, U.S. District Court for the District of Columbia
Lead counsel for defendant Covestro LLC (formerly Bayer MaterialScience) in defense of “reverse” False Claims Act case alleging four companies failed to report substantial risk information to the U.S. Environmental Protection Agency. On October 23, 2017, the district court granted defendants’ motion to dismiss all claims. Dismissal was affirmed by the D.C. Circuit on July 5, 2019. 929 F.3d (D.C.Cir. 2019). For additional case details: here, here and here.
Shewbrooks v. A.C. and S. Inc., 529 So.2d 557 (Miss. 1988)
Counsel for asbestos-containing products manufacturer in defense of thousands of asbestos personal injury and property damage claims filed in Mississippi and Alabama.
Scordino, et al. v. Metropolitan Life Insurance Company, Circuit Court of Jackson County, Mississippi (1991)
Lead Mississippi counsel for defendant life insurance company in thousands of asbestos personal injury claims filed in various state and federal courts. Co-lead trial counsel in multi-plaintiff case which settled after a four-week trial.
R.R. Newsome, Sr., et al. v. Reichhold Chemicals, Inc., CA # H86-0077 (G), U.S. District Court of the Southern District of Mississippi, Hattiesburg Division (1988)
Lead trial counsel for defendant chemical company in five-week trial of case brought by landowners alleging the company sold them contaminated land later designated as a Superfund site.
McGuire v. International Paper Company, 1994 WL 261360
Co-counsel for defendant paper company in thousands of claims filed in Mississippi state and federal courts claiming personal injury from exposure to dioxins. After summary judgment was granted in test cases in state court, all claims were voluntarily dismissed. Plaintiffs’ motion for class certification in federal court was denied.
Ex Parte Flexible Products, 2006 WL 378 7951 (Ala. 2006)
Lead counsel (2005-2010) for defendant chemical manufacturer in suits filed by over 1,600 coal miners claiming personal injuries from exposure to isocyanate-containing products made or supplied by several defendants.
In Re Genetically Modified Rice Litigation, CA 4:06 MD 1811 CDP, U.S. District Court for the Eastern District of Missouri, Eastern Division
Regional and trial counsel for defendant Bayer CropScience domestic and foreign entities in complex litigation in which thousands of rice farmers and various other entities sued for alleged economic losses from presence of trace amounts of genetically engineered rice in the U.S. rice supply.
Lenny Joe Kyle v. Bayer CropScience, et al., Circuit Court of Woodruff County, Arkansas
Lead trial counsel for Bayer in a three-week trial in Augusta, Arkansas in 2010.
Scott Meins, et al. v. Bayer CropScience and Riceland Foods, et al., Circuit Court of Arkansas County, Arkansas
Defense team for a six-week trial in Stuttgart, Arkansas in 2011.
BASF v. Bayer Crop Science, Circuit Court of Arkansas County, Arkansas
As part of the defense team, prepared and defended numerous company witness depositions in Asia, Europe, and the U.S.
Syngenta MIR162 corn litigation
Defense team for domestic seed manufacturer and related international entities in pending federal and state court litigations involving alleged economic losses to U.S. corn farmers from rejection by China of U.S. corn shipments allegedly containing a GE trait fully approved by U.S. regulatory agencies.
Lambeth v. Astra Pharmaceutical Products, Inc., CA # S84-9695-R, U.S. District Court for the Southern District of Mississippi, Southern Division
Co-lead counsel for defendant pharmaceutical manufacturer in case claiming local anesthetic block given to mother during delivery caused permanent injury to child. Selected for company’s national defense team.
Hildy Holder v. Dr. Willam R. Moore, Sterling Drug Inc., et al., CA # 1370-H, Circuit Court of Lauderdale County, Mississippi
Co-lead counsel in case claiming local anesthetic given to mother during delivery caused permanent injury to child.
Counsel for defendant manufacturer in product liability cases around the country claiming aspirin allegedly given to plaintiff children caused Reye Syndrome and resulting permanent neurological damages.
Bastoe v. Sterling Drug Inc., 683 F.Supp 586 (S.D. Miss. 1988)
Case settled before trial.
Wells v. Sterling Drug, U.S. District Court for the Northern District of West Virginia (1995)
Case settled during jury selection after Daubert hearing in which three of plaintiffs' four experts were excluded.
Davy v. Sterling Drug, U.S. District Court in Tulsa, Oklahoma (1997)
Case settled just before jury selection.
Dubaldi v. Sterling Drug, Superior Court of Humboldt County, California (1997)
Co-trial counsel in a six-week jury trial in Eureka, CA. Compensatory verdict for plaintiff substantially below lowest settlement demand.
Jenkins v. Sandoz Pharmaceutical Corp., 965 F. pp. 861 (N.D. Miss. May 09, 1997)
Co-counsel for defendant pharmaceutical company in several cases filed in Mississippi state courts claiming personal injury from use of the prescription drug Parlodel.
Co-counsel for defendant Bayer Corporation in several suits filed in Mississippi federal courts against multiple defendants by hemophiliacs claiming they contracted AIDS from blood products.
Johnson v. Parke-Davis, 114 F. Supp 2d 522 (S.D. Miss., July 21, 2000)
Co-counsel for defendant pharmaceutical company in thousands of claims filed in Mississippi state and federal courts alleging personal injuries from the prescription drug Rezulin.
Bennett v. Madakasira, 821 So.2d 794 (Miss., Mar. 21, 2002)
Lead counsel for defendant pharmaceutical company in case where plaintiff claimed his use of several prescription drugs made him kill his wife.
Selected for national trial team and as Mississippi lead counsel for defendant Bayer Corporation in thousands of claims filed in Mississippi state and federal courts alleging personal injuries from the prescription drug Baycol.
Hardy v. Bayer, County Court for the First Judicial District of Hinds County, Mississippi (2003)
Co-lead trial counsel in second Baycol trial in the nation which resulted in a defense verdict.
Slaughter v. Bayer, Circuit Court of Jones County, Mississippi (2003)
Lead trial counsel in third Baycol trial in the nation which resulted in a defense verdict.
Designated and admitted pro hac vice as Bayer's lead trial counsel for Baycol cases in Arizona, Louisiana, and the Court of Common Pleas in Philadelphia, Pennsylvania. All of these cases were voluntarily dismissed before or during jury selection.
Leslie Adah v. Bayer Corp., et al., Civil Action #3:12CV785, U.S. District Court for the Southern District of Mississippi, Northern Division (2015)
Obtained summary judgment for Bayer, GSK, and Merck in a suit in federal court in Mississippi claiming plaintiff was blinded from taking Levitra.
Sykes v. GlaxoSmithKline, 484 F.Supp.2d 289, U.S. District Court for the Eastern District of Pennsylvania (Mar. 28, 2007)
Co-national counsel for Bayer Corporation in cases alleging autism is caused by thimerosal-containing prescription drug and biologic products. All claims were dismissed without payment.
Mississippi counsel for defendant pharmaceutical company in several cases alleging personal injury from the prescription drug Seroquel.
National defense team for Bayer in cases alleging personal injuries from administration of Trasylol.
National defense team for Bayer in cases alleging injuries from YAZ/Yasmin.
H. Trigg Mitchell, et al. v. Baptist Physicians Lexington, Inc., et al., Civil Action No. 14-CI-1828, Fayette Circuit Court, Division III, Lexington, Kentuky (2015)
Obtained complete dismissal before trial for Bayer defendants in a wrongful death action in state court in Lexington, Kentucky.
David E. Triplett v. Ford Motor Company, U.S. District Court for the Northern District of Mississippi, Greenville Division (1983)
Co-trial counsel for defendant in a jury trial; defense verdict upheld on appeal to Fifth Circuit.
Co-counsel for defendant manufacturer in thousands of claims filed in Mississippi state courts claiming personal injury (hearing loss) from pneumatic tools.
Lead presenter in jury exercises conducted in Florida, Louisiana, Mississippi, Missouri, Pennsylvania, Tennessee, and Texas.