Fraser, et al. v. Boething Treeland Nursery Co., d/b/a Treeland Conejo, et al.
Dec 08, 2015
OUTCOME: Won a complete defense
Edward Slaughter, Saxon Guerriere, Macy Chan and Andrea Holmgreen won a complete defense verdict for HPTY's client after three weeks of trial in Torrance, California. The firm's client was the sole def...endant. Plaintiffs were represented by Waters Kraus & Paul.
Mesothelioma and asbestos
Swasey, et al. v. Asbestos Companies, et al.
Sep 22, 2015
OUTCOME:
On September 22, 2015, HPTY’s client, a manufacturer of brake linings, received a defense verdict in a case involving a career automotive mechanic and former Navy engineman. Although Plaintiffs initial...ly sued over 30 defendants, the trial started on July 27, 2015 with 11 defendants, and concluded at verdict with 4 defendants - a brake lining manufacturer, a vehicle manufacturer, an automotive part supplier, and an arcing machine manufacturer.
Mr. Swasey served in the U.S. Navy on board the U.S.S. St. Clair County from 1962-1965 and was in the Navy reserves from 1965-1968. He also stood fire watch aboard the ship during a 6-month FRAM overhaul at Long Beach Naval Shipyard in 1964. After leaving the Navy, Mr. Swasey worked as an automotive mechanic from 1965 until his retirement in 2006.
Edward Slaughter of the Dallas office, Macy Chan of the Los Angeles office, and Alex Taheri of the San Francisco office tried the case for HPTY's client and were assisted at trial by Brandon Maxey, Andrea Holmgreen and Jeana Simmons. The Hon. Wynne S. Carvill presided over the trial in Oakland, CA. At the end of closing argument, Plaintiff's counsel (Jessica Dean of Dean, Omar & Branham) asked the jury to award over $30 million dollars in compensatory damages. After two and a half days of deliberations, the 11 men and one woman jury returned a defense verdict for all four defendants standing at verdict, including HPTY's client.
Jessica Dean and Amin Omar of Dean, Omar & Branham in Dallas, associated in with Roger Gold of the Gold Law Firm, tried the case for the Plaintiffs. Michael Brown of Miles & Stockbridge, PC and Alice Johnston of Schnader Harrison Segal & Lewis tried the case for the vehicle manufacturer defendant, James Parker of Hugo Parker tried the case for the automotive part supplier, and Robert Rich and Samuel Jubelirer of Gordon & Rees tried the case for the arcing machine.
Defense experts included John Henshaw, CIH, Dr. David Garabrant, and Dr. James Crapo. Plaintiff's experts included Dr. Arnold Brody, Dr. Edwin Holstein, Dr. Barry Horn, Dr. Christopher Stephenson, Carol Hyland, and James Mills. Charlie Ay also testified as a fact witness regarding the FRAM overhaul of the USS St. Clair County at Long Beach Naval Shipyard in 1964 - an overhaul with which Charlie Ay was personally involved as an asbestos worker.
Lawsuits and disputes
Roberto Campagna v. 3M, et al.
Jun 01, 2015
OUTCOME: Resolved favorably after two weeks of trial.
Lawsuits and disputes
Sergio Hravtin v. A.O. Smith Water Products, et al.
Jun 01, 2015
OUTCOME: Resolved favorably after two weeks of trial.
Lawsuits and disputes
Tully v. American Biltrite, et al.
Dec 22, 2014
OUTCOME: Resolved favorably in the third week of trial.
Mesothelioma and asbestos
Michelle Brockmyer v. Union Carbide Corporation, et al.
Nov 07, 2014
OUTCOME: Wrongful death mesothelioma trial that was resolved during jury selection.
Michelle Brockmyer, Individually and as Successor-in-Interest to Richard Smith, Deceased, and Eric Smith v. Union Carbide Corporation, et al.
Defective and dangerous products
Hiroko Felton v. Davison-Conroy, Inc., et al.
Apr 04, 2014
OUTCOME: At the end of closing argument, Plaintiff's counsel (Gary Paul of Waters, Kraus & Paul) asked the jury to award $7.5 million in compensatory damages.
Hiroko Felton, individually and as successor in interest to the Estate of Donald L. Felton, Deceased, v. Davison-Conroy, Inc., et al.
On April 4, 2014, HPTY’s client, a manufacturer of brake linings..., received a defense verdict in one of the most challenging friction cases the firm has seen in 38 years of asbestos litigation. With no alternative exposure, Plaintiff alleged her late husband developed pleural mesothelioma caused by asbestos exposure from HPTY's client's products while he was working in a brake and clutch remanufacturing plant, Ace Brake Supply, in Los Angeles beginning in the mid-1950s. Decedent alleged to have worked on the assembly line at Ace Brake Supply that affixed exclusively our client's brake linings that they purchased in bulk from our client. Decedent alleged that he stood at the grinding station on the assembly line, grinding up to 500 brakes per day, 8-hours per day, 5 ½ days per week. Although Plaintiffs initially sued over 20 defendants, only HPTY's client remained at trial.
Edward Slaughter of the Dallas office, and Macy Chan and Michael Giaquinto of the Los Angeles office tried the case for HPTY's client. The Hon. H. Chester Horn presided over the trial in Santa Monica.
HPTY's experts included Dr. Michael Graham, John Henshaw, CIH and Dr. David Garabrant. Plaintiff's experts included Dr. Arnold Brody, Dr. Carl Brodkin, William Ewing and Dr. Murray Finkelstein.
Mesothelioma and asbestos
Franklin Schwab and Patricia Schwab v. Pneumo Abex LLC, et al.
Aug 27, 2013
OUTCOME: Just before opening statements, Plaintiffs resolved favorably for HPTY’s client.
Ed Slaughter, Macy Chan and Joe Connelly tried this case on behalf of a manufacturer and distributor of friction products.
Plaintiffs were a 70 year-old man with mesothelioma and his wife. The ev...idence suggested that Mr. Schwab worked with HPTY’s client’s products while as the co-owner and operator of his own automotive service shop. Mr. Schwab claimed that HPTY’s clients products accounted for 30% of thousands of occasions working with products of like kind. Mr. Schwab worked in his earlier days for Olin Mathieson in Indiana, a cellophane manufacturing company, where he testified to working under insulated pipes.
Mesothelioma and asbestos
Evelyn Molloy v. Crane Co. et al
Jun 19, 2013
OUTCOME: Plaintiff resolved favorably with HPTY’s client during jury selection.
Ed Slaughter and Macy Chan tried this case on behalf of a manufacturer and distributor of consumer products.
Plaintiff, Ms. Fitzgerald filed this action in New York County, New York on behalf of her...self and the estate of her deceased mother, Mrs. Molloy. Plaintiff claimed that Mrs. Molloy’s death was caused by HPTY’s client’s products which she claimed to have used for a majority of her life. As presented by Plaintiffs in both written discovery and deposition, there was no apparent indication that Mrs. Molloy encountered any other products that may have significantly caused or contributed to her mesothelioma. On behalf of its client, HPTY conducted in depth investigation and research that identified secondary exposures from Mrs. Molloy’s prior work for a local insulation company in the 1940’s – early 1950’s. HPTY also discovered that Mrs. Molloy’s mother worked at a shipyard in Hoboken, NJ during World War II resulting in secondary exposures to Ms. Molloy.
Mesothelioma and asbestos
Harvey McIntyre, et al. v. 3M Company, et al.
Jan 28, 2013
OUTCOME: Just before opening statements, Plaintiffs resolved very favorably for HPTY’s client.
Jason Irvin and Macy Chan tried this case on behalf of a manufacturer and distributor of friction products. Macy argued all pre-trial matters, and Jason was the lead defense counsel during voir dire.
...
Plaintiffs were a 69 year-old man with mesothelioma and his wife. The evidence suggested that Mr. McIntyre worked with HPTY’s client’s products on at least 100 occasions. Mr. McIntyre was a career painter who worked for a short time at Todd Shipyard painting Vietnam era Navy ships. He also filed a claim with the Manville bankruptcy trust.
At pre-trial, Plaintiffs tried to exclude in limine the Manville trust claim and their complaint in which they sued 51 other defendants. The court denied both motions and gave Defendants free range to use the related documents at trial.