Thompson Hine defends complex product liability and toxic tort class actions. We have represented manufacturers in a wide range of industries, including the chemical, building products, automotive, food and pharmaceutical industries. Through this experience, we have developed best practices for working in joint defense groups, managing experts and handling electronic discovery and large discovery databases. By knowing the client’s business and applying our experience, we are able to meet each client’s specific needs and develop a cost-effective approach to litigation management and resolution.
- Defense of a manufacturer of wood-plastic composite (WPC) decking products in a proposed nationwide class action on behalf of owners of an estimated 20,000+ decks, resulting in denial of class certification.
- Represented a large pharmaceutical company in multiple consumer and third-party payer class actions under state consumer laws challenging marketing of a hormone drug.
- Defense of a packaged food manufacturer in putative class action alleging unfair consumer practices in connection with sale of food containing trans fats.
- Defended a domestic automobile manufacturer in cases consolidated with national multi-district litigation (MDL) class action relating to tire tread separation.
- Defeated a putative class action against a consumer care products manufacturer in which the plaintiffs sought certification of a nationwide class of more than 5,700 members who alleged that they were injured by a dust mite powder and spray manufactured by the company.
- Represented a large petroleum products company in consumer class actions challenging fuel temperature and pricing.
- Represented various members of the manufactured housing industry in putative class actions regarding fire worthiness.
- Provided multi-state representation of a target defendant in the $282 million damage phase of consumer class action-based litigation involving a water heater component.
- Defended a domestic automobile manufacturer in a national class action seeking economic damages due to an alleged defect in its vehicles.
- Represented an international manufacturer of computers in a nationwide consumer class action involving notebook computers.
- Represented a national tire retailer in a consumer class action involving alleged failure to disclose in its advertising coupons that there would be "shop fees" charged in addition to the advertised price.
Environmental Contamination and Toxic Torts
- Defending the world’s second-largest coatings manufacturer in a putative class action in New Jersey involving potentially 38,000 residents seeking medical monitoring and damages for diminution of property values due to the alleged presence of hexavalent chrome from the manufacturer’s former operations.
- Defending the world’s largest coatings manufacturer against claims of personal injury and diminution of property values due to alleged exposure to solvents emanating from the manufacturer’s former facility in Louisville, Kentucky.
- Resolved a class action brought on behalf of residents allegedly exposed to emissions from a large gasoline release and subsequent fire at the client’s terminal facilities. Both personal injuries and property damage claims were alleged.
- Resolved a class action filed on behalf of approximately 5,000 residents allegedly impacted by a chemical fire at a manufacturing facility.
- Represented one of two defendants in White River, Indiana fish kill case involving federal, state and class action claims seeking civil damages and penalties exceeding $50 million and federal criminal prosecution under the Clean Water Act (CWA).
- Defended a class action lawsuit brought against underground pipeline company for a 250,000-barrel spill at a terminal facility that resulted in fire and neighborhood evacuation.
- Successful reduction in size and scope of class and eventual settlement of property damage claims arising from off-site migration of chlorinated hydrocarbon 25 miles downstream.
- Represented a specialty chemicals company in an environmental property damage class action involving medical monitoring.
- Representation of international manufacturer of machinery equipment in a putative class action by welders alleging injury due to inhalation of welding fumes.
- Defended putative class action alleging injury due to exposure to diisocyanates.
- Defended putative class action alleging injury due to exposure to silica.
- Defeated class certification on behalf of multiple chemical suppliers in an action brought by former employees of a polyvinyl chloride (PVC) production facility in Passaic, New Jersey seeking medical monitoring.
- Represented a chemicals manufacturer in a class action case where plaintiffs sought medical monitoring for exposure to polyvinyl chloride at a company facility in New Jersey.