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Asbestos - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Lawyers
  • Full Description
  • Result
  • Asbestos, Toxic Tort, Wrongful Death
  • Alameda County Superior Court
  • Defendant Copy Machine Manufacturer
  • Kathleen Strickland
  • The plaintiffs, the family of a copy machine repairman, sued our client, the defendant manufacturer, in an action for wrongful death. The plaintiffs alleged that he was exposed to asbestos while repairing copy machines.  The repairman was the original plaintiff, but when he passed away during the pendency of the action his family took over as plaintiffs.

  • Shortly after becoming involved in the case, we were able to obtain a dismissal for our client with no payment of any money.  Through early factual and legal case assessment and valuation, we were able to convince the plaintiffs' attorney that it was scientifically impossible for any asbestos to be released from our client's product.

  • Asbestos
  • Defendant
  • Kathleen Strickland
  • Served as national trial counsel for the major defendants in an asbestos litigation, the Asbestos Claims Facility.

  • Successfully tried cases throughout the country for the client, as well as managed large dockets of cases in many state's jurisdictions.

     

  • Proposition 65; Asbestos
  • Los Angeles County Superior Court
  • Defendant Pest Control Company
  • Defended a pest control company against a Proposition 65 lawsuit by a local citizen’s group which alleged the release of hazardous asbestos fibers inside a school building.

  • Successfully demonstrated that the plaintiff’s analysis of the asbestos release did not document a violation of any applicable state or federal standards or guidelines. Additionally, we were able to demonstrate that the property owner was at fault for the release due to its failure to post warning signs mandated by state and federal law so that such release could be avoided by service providers, such as our client. The case was dismissed.

  • Bankruptcy; Asbestos; Contract Obligation; Defense; Indemnity
  • US Bankruptcy Court Southern District of New York
  • Plaintiff Auto Parts Manufacturer
  • Geoffrey W. Heineman, Kathleen Strickland
  • Retained to represent Remy International, Inc. ("Remy") in the bankruptcy proceeding commenced by General Motors Corporation ("GM"). Remy purchased the assets of the former Delco Remy Division of GM pursuant to an Asset Purchase Agreement ("APA"). The APA, executed by and between Remy and GM, placed certain ongoing indemnity obligations on GM in connection with various litigation and potential claims relating to GM products manufactured and premises occupied during the time period prior to the APA.

  • Assisted Remy in securing testimony and documents needed to defend itself in a number of active cases, and subsequently obtained dismissals in all of those actions. We also assisted Remy in successfully pursuing a claim of bankruptcy for its costs of defense regarding those actions. More importantly we obtained for Remy, as part of GM’s confirmed bankruptcy plan, protection from liability for asbestos claims relating to GM products manufactured and premises occupied during the time period prior to the APA. This is a relatively unprecedented achievement in a bankruptcy action that does not involve a Section 524(g) trust.