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William J.Hubbard

PartnerBill.Hubbard@ThompsonHine.com
Cleveland

O 216.566.5644

William J.Hubbard

Partner

Focus Areas

Construction Litigation

  • Defense of project management consultant in negligent highway design claim relating to violations of the Clean Water Act and Oil Pollution Act.
  • Defense of construction manager and construction engineer in litigation involving the wrongful death of a stainless steel factory worker as a result of exposure to carbon monoxide.
  • Defense of a civil engineer in professional negligence claim involving the subsurface failure of a green parking lot.
  • Achieved dismissal of civil engineer in class action alleging professional negligence in design of storm water management system resulting in flooding.
  • Defense of engineer in claims involving negligent design of a school HVAC system resulting in sick building syndrome.
  • Lead of rapid response team for global construction and civil engineering company’s construction of 700 MW natural gas power plant.
  • Achieved dismissal of utility contractor in case alleging contraction of Legionnaires’ Disease.
  • Defense of construction manager as agent in delay claims litigation.
  • Defense of civil engineer in claim involving professional negligence in design of Maintenance of Traffic Plan resulting in accident rendering motorcyclist a paraplegic.
  • Achieved dismissal of construction manager in claims stemming from the collapse of HVAC ductwork installed in a school cafeteria that resulting in serious injury to students.
  • Achieved dismissal of historic preservation consultant in litigation involving electrocution of demolition laborer.

Mass and Toxic Tort and Environmental Litigation

  • Achieved summary judgment for property manager in mass action alleging exposure to mold and mildew.
  • Defense of chemical manufacturer in class action alleging diminution of property value from alleged exposure to hexavalent chromium.
  • Counseled national developer and property management company regarding alleged tenant exposure to radon and compliance with regulatory testing and notice requirements.
  • Defense of a chemical manufacturer in environmental contamination class action seeking medical monitoring and compensation for alleged diminution of property value as a result of proximity to environmental contamination.
  • Defense of chlorine manufacturer in mass tort alleging property diminution of personal injury resulting from exposure to particulates and sulfides.
  • Representation of chemical manufacturer in investigation by the National Safety Transportation Board (NTSB) involving chemical leak from ruptured rail car.
  • Defense of legacy manufacturer in mass action regarding alleged property diminution and wrongful death involving exposure to trichloroethylene (TCE).
  • Defense of chemical manufacturers and trade associations in various state and federal mass and toxic tort suits involving claims of intentional tort, fraud, and civil conspiracy.
  • Representation of manufacturers in consumer class actions relating to slack-fill allegations, mislabeling claims, and other misleading claims.
  • Defense of wall component manufacturer in various suits alleging product liability and breach of warranty claims stemming from the growth of mold in hotels and nursing homes.
  • Defense of appliance manufacturer in negligence suits stemming from the growth of mold in plaintiffs’ workplace.

Defense of Product Liability and Negligence Claims

  • Defeated class certification in a putative class action alleging consumer warranty, strict product liability, and consumer protection violations concerning the manufacture and marketing of a wood plastic composite decking product.
  • Defense of utility company in litigation alleging utility placement resulted in wrongful death.
  • Representation of manufacturer of waste heat recovery boilers and pollution control equipment in dispute alleging defective design and manufacture.
  • Defense of exercise equipment manufacturer in class action alleging breach of warranty and consumer protection violations.
  • Defense of food manufacturer in class action alleging sale of adulterated food and consumer protection violations.
  • Defense of manufacturers of valves and supply lines, in subrogation claims alleging product defect resulting in flood damage.
  • Defense of installer and supplier of industrial warehouse racking system in breach of contract and product defect dispute.
  • Defense of automobile and other consumer product manufacturers in product liability and breach of warranty suits, including consumer class actions.
  • Defense of property owners in premises liability litigation, including oral argument before the 8th Appellate District of Ohio in which summary judgment was affirmed.

Product Warranty and Labeling Counseling

  • Advising manufacturer on marketing material compliance with the FTC Green Guides and avoidance of greenwashing claims.
  • Advising consumer product manufacturer on warning label compliance with ANSI standards.
  • Drafting warranty language and terms and conditions for lighting manufacturer.
  • Advising coatings manufacturer on Material Safety Data Sheet language.
  • PFAS Regulation, Litigation, Evaluation & Mitigation,” Ohio Chemistry Technology Council
  • “Pandora’s Box: Protecting Your Offices and Manufacturing Facilities by Ensuring a Safe Environment in a COVID-19 World,” DRI
  • “Regulatory Update: TSCA/Prop 65/ Product Compliance,” Adhesive and Sealant Council
  • “Pandora’s Box: Protecting Your Business by Ensuring a Safe Environment for Employees and Customers”
  • “Accident Investigations: Bring the Predictable to the Unpredictable,” Ohio Chemistry Technology Council
  • “Accident Investigations: Bring the Predictable to the Unpredictable,” Society of Chemical Manufacturers and Affiliates.
  • “Navigating Protective Construction Contracts,” Construction Management Association of America Ohio Chapter
  • “In the Crosshairs: the Targeting of Building Products by California’s Green Chemistry Initiative and Other Regulations Focusing on Environmental Exposure to Toxins,” The Adhesive and Sealant Council, Ohio Chemistry Technology Council
  • “Discoverability of Social Media and its Use as Trial Evidence,” The Network of Trial Law Firms
  • “It’s All About Protecting the Children: Endocrine Disruptors and Continuing Developments in Causation, Dose, and Epidemiology,” ACI’s Chemical Products Liability & Environmental Litigation
  • “Defending the Unintended Claim: Beyond Workers’ Compensation,” ACI’s Chemical Products Liability & Environmental Litigation
  • “Regulatory Update: TSCA, REACH, IRIS, and the States,” ACI’s Chemical Products Liability & Environmental Litigation
  • “Going Green Safely: Reaping the benefits and avoiding the legal risks of greening your products and services”
  • “Regulatory Update: Protecting the Company and Mitigating Risk in the Battle Between EPA, Congress, and the States to Regulate Chemicals”
  • “The ‘Master’s Institute’ on Ohio Construction Law … Tools for Success; Negligence and the Economic Loss Doctrine”
  • “Risks and Rewards in Green Products and Green Buildings”
  • Panelist, “Certified Sustainable Products Forum”
  • “Building Information Modeling (BIM): Implications in Defending a Building Product,” Defense Research Institute
  • “BIM: Legal Pitfalls for Building Product Manufacturers,” Construction Specifications Institute’s Building Product Manufacturers Alliance
  • “Is the Grass Really Greener? Managing the Risks of Greening Your Products”
  • “Construction Industry Hot Topics Update: Green Building Risks”
  • Listed as a Litigation Star by Benchmark Litigation, 2022
  • Selected as an Ohio Super Lawyer Rising Star by Ohio Super Lawyers magazine, 2010 to 2015

Professional Associations

  • Firm liaison to the Society of Chemical Manufacturers and Affiliates (SOCMA)
  • Ohio Chemistry Technology Council, member
  • International Association of Defense Counsel
  • Defense Research Institute: Chair, Toxic Tort and Environmental Law Committee; Building Products Specialized Litigation Group; Construction Law and Product Liability Law Committees
  • Manos Inn of Court
  • American Bar Association: Litigation Section, Construction Forum
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association

Community Activities

  • Cleveland Restoration Society, Board Secretary and Trustee
  • Cleveland Bridge Builders, Class of 2007

Education

  • Boston College Law School, J.D., 2003,
    cum laude
  • University of Michigan, M.S., 2000
  • College of Wooster, B.A., 1997,
    with honors
    ,

    Phi Beta Kappa

Bar Admissions

  • Ohio

Court Admissions

  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
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