Litigation

July 22, 2021

Forest Products Team Wins Major Ruling from U.S. Court of Appeals for the Fourth Circuit

On July 14, 2021, the U.S. Court of Appeals for the Fourth Circuit issued a significant opinion defining state of the art evidence for product liability cases. The opinion affirmed a summary judgment award won by FormanWatkins in the Eastern District of North Carolina on behalf of a dimensional lumber manufacturer. The case involved a plaintiff’s alleged childhood exposure to softwood dust in his father’s hobby woodshop and his later diagnosed sinonasal cancer.

May 17, 2021

Metcalf and Lewis Win Summary Judgment in Federal Pesticide Case

In a significant victory for a national forest-products client, FormanWatkins attorneys Joshua Metcalf and Chelsea Lewis won summary judgment in federal court in Louisiana.  Plaintiffs had sued over the application of a commonly-used herbicide to the client’s timberland, seeking monetary damages and an injunction preventing the use of any herbicide or pesticide on thousands of acres of the client’s property.

May 5, 2021

Abdalla Obtains Partial Summary Judgment for Global Medical Device Company

Mary Clift Abdalla, as Mississippi counsel, successfully obtained partial summary judgment for a global medical device company dismissing the Plaintiff’s trade secrets misappropriation claims, and preventing Plaintiff from seeking statutory damages or attorney’s fees on copyright infringement claims. The team also obtained a ruling striking Plaintiff’s expert witness reports, while denying Plaintiff’s request to strike Defendant’s expert report.

February 4, 2021

Hannula, Upchurch, and Mulholland Successfully Arbitrate Multi-state, Multi-million Dollar Construction Dispute

Brian Hannula, Caroline Upchurch, and Daniel Mulholland successfully arbitrated a national forest products company’s multi-million dollar construction dispute with a contractor arising out of two huge plant reconstructions in Alabama and Arkansas. The disputes involved warranty, contract, and payment claims.  The first arbitration – concerning the Arkansas plant and lasting a week in Little Rock – resulted in an award of damages and attorney fees for the company, and a rejection of  the contractor’s claims for payment. This victory resulted in an also immediate resolution of the second arbitration

January 20, 2021

Metcalf and Lewis Successfully Exclude Speculative Medical Testimony in Forestry Herbicide Case

The FormanWatkins forest products team continues its strong performance defending companies who have been sued for alleged personal injuries. Recently, FormanWatkins attorneys Joshua Metcalf and Chelsea Lewis argued successfully for the exclusion of two medical doctors in a herbicide spraying case where the plaintiffs sought to use the doctors to establish a causative link between the herbicide at issue and the plaintiffs’ alleged injuries.

January 14, 2021

FormanWatkins Team Wins Summary Judgment in West Virginia Debut

FormanWatkins attorneys Fred Krutz, Brian Hannula, and Andrew Stubbs started off 2021 strong with a summary judgment win in West Virginia! The case was the first of six coal mining claims filed against the same respirator manufacturer to reach the summary judgment stage.

October 15, 2020

Summary Judgment Won in Arkansas Federal Court

Jennifer Studebaker won summary judgment on behalf of a railroad company in Arkansas Federal Court in a case where the Plaintiff alleged he contracted bladder cancer and leukemia resulting from his workplace exposure to cancer-causing substances.

September 28, 2020

Defense Verdict in North Carolina Jury Trial

Tim Gray obtained a defense verdict for a FormanWatkins client in the United States District Court for the Western District of North Carolina. Plaintiff alleged that his leukemia was caused by exposure to a chemical the firm’s client sold to a product manufacturer in the 1970s that incorporated the chemical into its product. 

September 1, 2020

Oregon Ct. of Appeals Affirms Grant of New Trial for Firm Client

On August 26, 2020, the Oregon Court of Appeals affirmed the trial court’s grant of a new trial to our client, finding that plaintiff’s counsel engaged in misconduct by failing to produce asbestos bankruptcy trust affidavits that proved alternative asbestos exposures, and that plaintiff’s counsel’s misconduct “materially affected” our client’s rights at trial.