Motley Rice experience in MDL practice, consolidated trials, complex litigation and class actions

MDL Leadership Experience

HIghlights include:

In re Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010. MDL 2179 (PSC and lead settlement negotiators)

In re Asbestos Products Liability Litigation, MDL 875 (Chair, PSC and liaison counsel)

In re Terrorist Attacks on September 11, 2001, MDL 1570 (PSC and co-lead counsel)

In re Welding Fume Products Liability Litigation, MDL 1535 (PSC)

In re Human Tissue Products Liability Litigation, MDL 1763 (PSC and co-lead counsel)

In re National Security Agency Telecommunications Records Litigation, MDL 1791 (PSC and lead counsel for Verizon plaintiffs)

In re Kugel Mesh Hernia Patch Litigation, MDL 1842 (PSC and lead counsel)

In re DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation, MDL 2197 (PSC)

In re DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL 2244 (PSC)

In re American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation, MDL 2325 (co-lead counsel)

In re Avandia Marketing, Sales Practices and Products Liability Litigation, MDL 1871 (PSC)

In re Medtronic, inc., Sprint Fidelis Leads Products Liability Litigation, MDL 1905 (PSC)

In re Trasylol Products Liability Litigation, MDL 1928 (PSC)

In re Levaquin Products Liability Litigation, MDL 1943 (PSC)

In re NuvaRing Products Liability Litigation, MDL 1964 (PSC)

In re Digitek Products Liability Litigation, MDL 1968 (co-lead counsel and PSC)

In re KBR, Inc., Burn Pit Litigation, MDL 2083 (co-lead counsel)

In re Hydroxycut Marketing and Sales Practice Litigation, MDL 2087 (PSC)

In re Zicam Cold Remedy Marketing, Sales Practices and Products Liability Litigation, MDL 2096 (PSC)

In re Zoloft (Sertraline Hydrochloride) Products Liability Litigation, MDL 2342 (PSC)

In re A.H. Robins Co., Inc., "Dalkon Shield" IUD Products Liability Litigation (No. II), MDL 631

In re Asbestos School Products Liability Litigation, MDL 624

In re San Juan DuPont Plaza Hotel Fire Litigation, MDL 721 (PSC and multiple plaintiffs' counsel)

In re Showa Denko K.K. L-tryptophan Products Liability Action, MDL No. 865. (PSC and liaison counsel)

In re Temporomandibular Joint (TMJ) Implants Products Liability Litigation, MDL 1001

In re Abbott Laboratories Omniflox Products Liability Litigation, MDL 1004

In re Bridgestone/Firestone, Inc. Tires Products Liability Litigation,  MDL 1373 (PSC and Discovery Committee)

In re Ford Motor Co. E-350 Van Products Liability Litigation (No. II), MDL 1687

In re Viagra Products Liability Litigation, MDL 1724

Rule 42 Consolidations/Trials of Common Issues

Highlights include:

Hendrix, et al. v. Raybestos-Manhattan, Inc., et al., 776 F.2d 1492 (11th Cir. 1985) (the first Rule 42 multi-plaintiff in the 11th Circuit)

Cimino, et al. v. Raymark Industries, Inc., et al., 151 F.3d 297 (5th Cir. 1998) (affirming consolidation pursuant to Fed. R. Civ. P 42 of 3,031 plaintiffs)

In re Asbestos Cases I-IV, Civ. Act. No. 92-C-8888 et. al. (Cir. Ct., Kanawha Co., W. Va.) (four different Rule 42 consolidated trials of more than 10,000 individual asbestos cases in Kanawha County, West Virginia)

In re Mon-Mass I-II, Civ. Act. No. 93-C-362 et. al. (Cir. Ct., Monongalia Co., W. Va.) (two different Rule 42 consolidated trials of more than 8,000 individual asbestos cases in Monongalia County, West Virginia)

Abate, et al. v. Eagle Picher Industries, Inc., et al., aff'd except as to punitive damages, 667 A.2d 116 (lead plaintiffs' trial counsel in a Rule 42 consolidated trial of more than 8,500 individual cases in the City of Baltimore, Maryland)

Chatham v. AC&S, et al., a consolidated asbestos personal injury action involving 300 plaintiffs in the Circuit Court of Harris County, Texas. (co-lead plaintiffs' counsel)

Mary Abrahms, et al., v. GAF Corp., et al., a consolidated asbestos personal action involving in excess of 6,000 plaintiffs pending in the Mississippi State Circuit Court at Jackson County. (co-lead plaintiffs' counsel)

Robert A. Georgine, et al., v. Amchem Products, Inc., et al., United States District Court, for the E.D. Pennsylvania (counsel for class representative)

Dennis Bates, et al. v. Tenco Services, Inc., a jet fuel pollution case involving the consolidated property damage and personal injury claims of multiple plaintiffs in the Gold Cup Springs subdivision, filed in the United States District Court for the District of South Carolina, Charleston Division. (plaintiffs' lead counsel)

Numerous consolidated asbestos trials including serving as co-lead counsel in a consolidated asbestos personal injury action involving 540 plaintiffs pending in the Superior Court of Alameda County, California; 300 consolidated cases in the United States District Court, Western District of New York, Rochester, New York; 87 consolidated cases in Danville, Illinois; and 42 consolidated cases in State Court in Mississippi

Lead Trial Counsel in Complex Environmental Cases

Highlights include:

State of Rhode Island v. Lead Industries Association, Inc., et al., lead counsel for the State of Rhode Island in a trial that spanned four months and became the longest civil jury trial in that state's history, in which a verdict was returned that imposed liability on lead pigment manufacturers for creating a public nuisance

State of Oklahoma v. Tyson Foods, Inc., et al., lead counsel for the State of Oklahoma in a trial that spanned five months concerning waste-polluted natural resources in Eastern Oklahoma

Complex Personal Injury Cases

Highlights include:

In re Asbestos Personal Injury Litigation, plaintiffs' liaison counsel for trial groups of twenty asbestos malignancy plaintiffs that is scheduled for every four months in the Circuit Court of Kanawha County, WV

Charleston Firefighter Litigation v. Sofa Super Store, Inc., et.al., No. 07-CP-10-3186 (Ct. of Common Pleas, Ninth Jud. Cir.), lead plaintiffs' counsel in this consolidated complex litigation against more than 40 defendants that was filed by the estates of nine City of Charleston firefighters who died in a furniture store disaster that claimed the most firefighters' lives in a single event since the 9/11 attacks.

Personal Injury and Property Damage Class Actions

Highlights include:

Olvera v. Norfolk Southern Ry. et al, a personal injury class action concerning a train derailment and subsequent chlorine exposure in the United States District Court for the District of South Carolina, Aiken Division (Co-Lead Counsel)

Curtis v. Norfolk Southern Ry. et al, a property damage and economic loss class action concerning a train derailment and subsequent chlorine exposure in the United States District Court for the District of South Carolina, Aiken Division (Co-Lead Counsel)

Central Wesleyan College v. W.R. Grace Co., et al., a national asbestos property damage class action in the United States District Court for the District of South Carolina, Charleston Division. (Lead Plaintiffs' Counsel)

Carl Wells v. Raymark Industries, a national asbestos personal injury class action filed in United States District Court of Kansas, Wichita Division, in which 19,684 claims were resolved. (lead plaintiffs' counsel)

Raytech v. Earl White, an asbestos bankruptcy related class action pending in the United States District Court of Connecticut. (counsel for class representative)

Carol Lee Whitfield, et al., v. Sangamo Weston, et al., a PCB personal injury and property damage class action settled while pending before the United States District Court for the District of South Carolina, Greenville Division. (class counsel)

Wadleigh, et al.v. Rhone Poulenc Rorer, Inc., a national class action brought in the Northern District of Illinois on behalf of those persons contracting the HIV virus and/or AIDS from blood and plasma products sold by the pharmaceutical company defendants.  (class counsel)

Harold Meninger, et al. v. The Travelers Insurance Company, et al., Circuit Court of Kanawha County, West Virginia, C.A. No. 02-C-1057; Charles L. Wise, et al. v. The Travelers Indemnity Company, et al., C.A. No. 01-C-599, Circuit Court of Berkeley County, West Virginia; and In Re Asbestos-Unfair Trade Practices Insurance Cases, Circuit Court of Kanawha County, West Virginia, C.A. No. 02-C-7000, This is a series of asbestos unfair trade practices complex actions arising out of an insurance dispute from the "Manville Plan"  Trust for payment by its insurer that refused to honor an agreed settlement of thousands of asbestos client settlements (lead trial and appellate counsel as well as co-lead counsel)

Securities/Shareholder Derivative/Corporate Takeover

Highlights include:

Alaska Electrical Pension Fund v. Pharmacia Corp., Consol. No.03-1519 (AET) (D.N.J.).

In re Celera Corporation Shareholder Litigation, No. 6304-VCP (Del. Ch.). (lead counsel in this action challenging the acquisition of Celera Corporation by Quest Diagnostics)

In re Atheros Communications Inc., Shareholder Litigation, No. 6124-VCN (Del. Ch.). (co-lead counsel in this shareholder litigation involving Qualcomm Incorporated's proposed acquisition of Atheros Communications)

Marsden v. Select Medical Corporation, No. 04-cv-4020 (E.D. Pa.). (co-lead counsel on behalf of stockholders of Select Medical)

Drywall Acoustic Lathing & Insulation Local 675 Pension Fund v. Molson Coors Brewing Co., No. 1:05-cv-00294 (D. Del.). (co-lead counsel)

Welmon v. Chicago Bridge & Iron Co., N.V., No. 06-cv-01283 (S.D.N.Y) (Representing the co-lead plaintiff)

Manville Pers. Injury Trust v. Blankenship, Nos. 07-C-1333, 10-C-715 (W. Va. Cir. Ct.) (regarding Massey Energy Corp.). (A shareholder derivative action brought on behalf of Massey Energy Company, Motley Rice attorneys negotiated a settlement)

Hughes v. Moody, No. 2008-CP-10-2444 (S.C. Ct. Com. Pl.) (regarding Force Protection, Inc.) (co-lead counsel in this shareholder derivative action.)

In re Coventry Health Care, Inc., Shareholder Litigation, No. 7905-CS (Del. Ch. ). (co-lead counsel in this deal case shareholders litigation)

In re The South Financial Group, Inc., No. 2010-CP-23-5001 (S.C. Ct. Com. Pl.) (sole lead counsel for the class)

Manville Pers. Injury Settlement Trust v. Farmer, No. A0806822 (Ohio Ct. Com. Pl.) (regarding Cintas Corp.). (shareholder derivative action)

Service Employees International Union v. Hills, No. A0711383 (Ohio) (regarding Chiquita Brands International, Inc.)

Sheet Metal Workers National Pension Fund v. Ritter, No. 01-CV-2009-01980 (Ala.) (regarding Regions Financial Corp.) (shareholder derivative action)

In re Coca Cola Enterprises, Inc. Shareholders Litigation, No. 5291-VCN (Del. Ch. 2010) (co-lead counsel for the class)

KBC Asset Management N.V. v. Bankrate, Inc., No. 50-2009-CA-025313 (Fla. Cir. Ct.) (co-lead counsel for the class)

In re UBS AG Securities Litigation, No. 07-cv-11225 (S.D.N.Y.). (co-lead counsel on behalf of purchasers of UBS common stock.)

In re MBNA Corporation Securities Litigation No. 05-cv-00272 (D. Del.). (co-lead counsel on behalf of investors who purchased MBNA common stock.)

In re NPS Pharmaceuticals, Inc., Securities Litigation, No. 2:06-cv-00570  (D. Utah). (Motley Rice represented lead plaintiff PHARMA/wHEALTH Management Company S.A. as sole lead counsel in a securities fraud class action brought on behalf of stockholders of NPS Pharmaceuticals, Inc.)

In re Dell, Inc., Securities Litigation, No. A-06-cv-726-SS (W.D. Tex.). (lead counsel for lead plaintiff)

In re Mattel, Inc. Derivative Litigation, Master File No. BC377543 (S.C. CA) (shareholder derivative action)

In re Lear Corporation Shareholder Litigation, No. 2728-VCS (Del. Ch. 2007). (co-chair of the Plaintiffs' Executive Committee)

In re Comprehensive Care Corporation Shareholder Litigation, No. 2692-VCN (Del. Ch.). (co-lead counsel)

In re The DirecTV Group, Inc. Shareholder Litigation, No. 4581-VCP (Del. Ch. 2009). (co-lead counsel)

Minneapolis Firefighters' Relief Association v. Medtronic, Inc., No. 08-6324 (D. Minn.). (co-lead counsel for a class of investors who purchased Medtronic common stock.)

Bennett v. Sprint Nextel Corporation, No. 2:09-cv-02122 (D. Kan.). (co-lead counsel for the class)

South Ferry LP #2 v. Killinger, et al., No. C04-1599-JCC (W.D. Wash.) (regarding Washington Mutual, Inc.). (co-lead counsel on behalf of a class of investors who purchased WaMu common stock.)

Garber v. Pharmacia Corporation, No. 03-1519 (AET) (D.N.J.) (co-class counsel)

Helaba Invest Kapitalanlagegesellschaft mbH v. Fialkow, et al., No. 2683-N (Del. Ch. 2007).  (class counsel)

In re Allion Healthcare, Inc. S'hareholders Litigation, No. 5022-CC (Del. Ch. 2009) (co-lead counsel for the class)

Brown v. Charles Schwab & Co. Inc., No. 2:07-cv-03852 (D.S.C.). (Motley Rice represents a class of individuals pursuing claims against broker-dealer Charles Schwab & Co.)

Hill v. State Street Corporation, No. 1:09-cv-12146-NG (D. Mass.). (co-lead counsel for institutional investors in this securities fraud class action)

In re Synovus Financial Corp., No. 1:09-cv-01811 (N.D. Ga.). (co-lead counsel in this securities fraud class action)

City of Brockton Retirement System v. Avon Products, Inc., et al., No. 1:11-cv-04665-PGG (S.D.N.Y.). (lead counsel in this securities fraud class action)

City of Sterling Heights General Employees' Retirement System v. Hospira, Inc. et al., No. 1:11-cv-08332 (N.D. Ill., Eastern Div.). (co-lead counsel in this securities fraud class action)

In re The Shaw Group, Inc., Shareholders Litigation, No. 614399 (19th Jud. Dist. La.). (co-lead counsel in this  class action)

In re Coventry Health Care, Inc., Shareholder Litigation, No. 7905-CS (Del. Ch. ). (sole lead counsel in this shareholder class action)

 

Motley Rice attorneys serve on several committees in national bankruptcies including:

Claimants' committee in In re A.H. Robins, a Chapter 11 Reorgani­zation involving Dalkon Shield victims nationwide

Claimants Committee in the Camall Chapter 11, the first bankruptcy associated with the Fen-Phen litigation

Motley Rice attorneys have served on The Asbestos Claims Committee involved in the formation and confirmation of various asbestos bankruptcy trusts.

Durabla Corp. Bankr., No. 09-14415 (D. Del)

AC&S Bankr., No. 02-12687 (D. Del)

Congoleum Corp. Bankr., No.03-51524 (D.N.J.)

Babcock & Wilcox Bankr., No. 00-10992 (E.D. La.)

Combustion Engineering Bankr., D. Del. No. 03-10495 (D. Del.)

Celotex Bankr., Nos. 90-10016-8B1, 90-10017-8B1 (M.D. Fla.)

Federal Mogul Bankr., No. 01-10578 (D. Del.)

G-I Holdings Bankr., Nos. 01-30135 and 01-38790 (D. N.J.)

Johns-Manville Corp., No.82-B11656 through 82 B 11676 (E.D.N.Y.)

Keene Bankr., No. 93B 46090,96 CV 3492 (S.D.N.Y.)

MH Detrick Bankr., No. 98 B 01004 (N.D. Ill.)

North American Refractories Corp. Bankr., No. 02-20198 (W.D. Pa.)

Owens Corning Corp. Bankr., No. 00-03837 (D. Del.)

Pittsburgh Corning Corp. Bankr., No. 00-22876 (W.D. Pa.)

Rock Wool Bankr., Nos. CV-99-J-I589-S.BK -96-08295-TBB-11 (N.D. Ala.)

Rutland Fire Clay Bankr., No. 99-11390 (D. Vt.)

Shook and Fletcher Bankr., No. 02-02771-BGc-11 (N.D. Ala.)

United States Gypsum Corp. Bankr., No. 01-2094 (D. Del.)

W.R. Grace Co. Bankr., No.s 01-1139, 01-1140 (D. Del.)

Motley Rice attorneys have also served as lead or co-lead trial counsel on behalf of The Asbestos Claims Committee:

Owens Corning Corp. Bankr., No. 00-03837 (D. Del.) (estimation trial and substantive consolidation trial)

Pittsburgh Corning Corp. Bankr., No. 00-22876 (W.D. Pa.) (plan confirmation trial)

Federal Mogul Bankr., No. 01-10578 (D. Del.) (estimation trial and plan confirmation trial)

Armstrong World Industries, Inc., Bankr. No. 00-4471 (D. Del.) (estimation trial and plan confirmation trial)

W.R. Grace Co. Bankr., Nos. 01-1139, 01-1140 (D. Del.) (estimation trial and plan confirmation trial) 

Motley Rice attorneys also currently serve as a member of the trust advisory committee for several of the asbestos bankruptcy trusts formed under 524(g) of the federal bankruptcy code:

AC&S , Inc. Bankr., No. 02-12687 (D. Del.)

Armstrong World Industries, Inc., Bankr. No. 00-4471 (D. Del.)

Babcock & Wilcox Co. Bankr., No. 00-10992 (E.D. La.)

Celotex Corp. Bankr., Nos. 90-10016-8B1, 90-10017-8B1 (M.D. Fla.)

Dresser II Bankr., No. 03-35592 (W.D. PA.)

Federal Mogul Bankr., No. 01-10578 (D. Del)

G-I Holdings Bankr., Nos. 01-30135 and 01-38790 (D.N.J.)

Kaiser Aluminum Corp. Bankr., No.02-10429 (D. Del.)

Keene Bankr., No. 93B 46090,96 CV 3492 (S.D.N.Y.)

Johns-Manville Corp., No.82-B11656 through 82 B 11676 (S.D.N.Y., E.D.N.Y.)

MH Detrick Bankr., No. 98 B 01004 (N.D. Ill.)

Owens Corning Corp. Bankr., No. 00-03837 (D. Del.)

Rock Wool Bankr., Nos. CV-99-J-I589-S.BK -96-08295-TBB-11 (N.D. Ala.)

Rutland Fire Clay Bankr., No. 99-11390 (D. Vt.)

Shook & Fletcher Bankr., No. 02-02771-BGc-11 (N.D. Ala.)

United States Gypsum Corp. Bankr., No. 01-2094 (D. Del.)

W.R. Grace Co. Bankr., No.s 01-1139, 01-1140 (D. Del.)