Insights

CHICAGO – On May 25, 2022, in Cook County Illinois, lead trial attorney Thomas Burns, second chair Joseph Rejano, and Steven Carlson of von Briesen & Roper, s.c, won a defense verdict in a wrongful death mesothelioma case. The allegations involved a 62-year-old, 40-year pipefitter exposed to asbestos who died from mesothelioma. The firm client was a manufacturer of control valves and the allegations involved exposure to asbestos containing gaskets. Plaintiff’s counsel called Dr. David Rosner, Dr. David Robb, and Dr. Howard Kipen to testify on behalf of their client. The Foley & Mansfield trial team called industrial hygienist, John Spencer,...

Foley & Mansfield attorney Eddie Medina obtained a dismissal on behalf of an equipment manufacturer in a federal lung cancer case brought by a plaintiff alleging that he was exposed to asbestos from equipment he worked with during his service in the Navy. Defendant had filed a motion to dismiss for lack of personal jurisdiction, arguing that Plaintiff’s claims were not sufficiently related to the defendant’s contacts with the State of Florida. Judge William F. Jung of the United States District Court for the Middle District of Florida (Tampa Division) granted our client’s motion to dismiss on the basis that...

Foley & Mansfield attorneys Diane Babbitt and Brian Smith won a significant victory for client Pryor Giggey, a manufacturer of boiler insulation accused of sending asbestos-containing insulation to the Puget Sound Naval Shipyard where the plaintiff worked as a boilermaker and sought $27 million in damages. The Foley & Mansfield team argued and proved the absence of evidence of the claims and in a 10-2 jury vote, cleared their client of the claims. Law360 Subscribers can read the full article here.

On June 3, 2020, Bankruptcy Judge Michael E. Ridgeway approved the terms of a post bankruptcy loan under the Federal Payroll Protection Program (“PPP”).  There is currently a split among bankruptcy courts around the country whether Chapter 11 debtors are eligible for the PPP funds.  The debtor, Rancher’s Legacy Meat Co., case 10-32928 MER, made an application for a PPP funds from TCF National Bank in the amount of $415,000.  Rancher’s operates a specialty meat processing plant in Vadnais Heights, Minnesota, employing 30 full time and approximately the same number of part-time or temporary employees.  The Court approved the terms...

In the first cosmetic talcum powder trial ever held in Kentucky, Peter Mularczyk of Foley & Mansfield’s Los Angeles office teamed with Edward Slaughter of Gordon & Rees' Dallas office and Meredith Shaw of Quinn Emanuel’s New York office to successfully defend Colgate-Palmolive Company. Following the closely-watched, three-week trial in the Jefferson Circuit Court in Louisville, Kentucky, the jury returned a complete defense verdict for defendants Colgate-Palmolive Company and Johnson & Johnson after less than one hour of deliberation. The Plaintiff sued both Colgate-Palmolive Company and Johnson & Johnson, claiming her mother’s mesothelioma and death were caused by exposure to...

Stephen Vedova, a partner in Foley and Mansfield’s Chicago office, obtained a summary judgment on the pleadings and an early dismissal for a client in a recent Illinois injury case. The case involved an electrician performing electrical work on a substation located on the property of our client, a local auto dealership.   The complaint alleged catastrophic injures were sustained by the plaintiff. There was a video showing the explosion from one block away. Vedova and his team dug through local records, located the 1950’s documents granting the easement, and releasing our client from any potential liability.  Vedova stated, “I am...

Foley & Mansfield’s John G. Beseau prevailed in a recent Missouri appellate decision in a shareholder dispute, with The Court of Appeals affirming a jury verdict in our client’s favor and the Trial Court’s equitable judgment ordering a buyout of our client’s shares. Beseau represented Joan Robinson, who, along with her two siblings, were equal shareholders and directors of Perma-Jack Company (“PJC”).  PJC is a franchisor of a foundation piering system that was started by the parties’ father and gifted to them when he retired.  Robinson and her brother, John Langenbach, managed and operated PJC together for about 30 years....

  Foley & Mansfield secured an appellate victory for our client, ACCO, in a case involving indemnity and negligence at a worksite in Berkeley, California. In 2016, Keith Ameele and Lou Klein of the Los Angeles office of Foley & Mansfield successfully obtained a defense verdict on behalf of ACCO, a mechanical services contractor, in a severe construction accident case in Northern California. Plaintiff sued the general contractor as a result of injuries sustained while working on a construction site. The general contractor in turn sued ACCO, a subcontractor, on a cross-claim. Importantly pursuant to the contract, if the jury...

On April 1, 2019, attorneys Gregory M. Meihn and Matthew T. Wise obtained complete dismissal of a class action lawsuit filed against its client, a governmental entity, on a Rule 12(b)(6) motion in the Flint, Michigan polluted water case.Class Plaintiffs sued 24 governmental entities, individuals, and businesses, alleging the following claims: 42 U.S.C. §1983 – Substantive Due Process – State-Created Danger; 42 U.S.C. §1983 – Substantive Due Process – Bodily Integrity; 42 U.S.C. §1983 – Equal Protection of the Law – Race-Based; 42 U.S.C. §1982 – Equal Protection of the Law – Wealth-Based; 42 U.S.C. §1985(3) – Invidious Racial Animus;...

On Monday, March 25, 2019, as part of the continuation of a litigation spanning five (5) years and involving appeals by the Plaintiff to the Michigan Court of Appeals and Michigan Supreme Court, Foley & Mansfield's Gregory M. Meihn and Matthew T. Wise successfully won sanctions in the form of attorneys’ fees and cost against Plaintiff. Plaintiff, an individual and condominium owner, filed a civil suit against our client, Saline Northview Condominium Association, claiming typical breach of contract and violation of non-profit corporation act claims.  Additionally, Plaintiff alleged a “cybersquatting” claim under 15 U.S.C. Section 1114(2)(D). Our team secured dismissal...

Foley & Mansfield partners Gary D. Sharp and Peter M. Mularczyk successfully defended Colgate-Palmolive Company in a four week trial in the Los Angeles Superior Court, Alhambra Division. The plaintiff, Diane Henson, sued Colgate, claiming that her use of Cashmere Bouquet talcum powder caused her to develop mesothelioma, an incurable cancer generally related to asbestos exposure. After the close of all the evidence and just prior to closing arguments, the Court granted a verdict in favor of Colgate, finding that plaintiffs had not produced sufficient evidence to allow a jury to decide that Colgate was at fault. Sharp and Mularczyk...

Foley & Mansfield Miami attorneys Eddie Medina and Frank DelloRusso successfully represented our client, a stucco and plaster manufacturer, receiving a decision from the Third District Court of Appeal reversing the trial court’s denial of our client’s Motion to Dismiss for Lack of Personal Jurisdiction in a matter out of Miami-Dade County, FL. Defendant challenged personal jurisdiction in Florida on the grounds that it never targeted any business in Florida, despite Plaintiffs’ allegations of exposure to Defendant’s products in Florida in the 1970s. Defendant filed an affidavit stating that it never transacted business in Florida, never purposely directed conduct toward...

Foley & Mansfield’s Edwardsville and St. Louis defense team of Alexa Newton, Carla Storm, and Katie Slaughter succeeded in obtaining a dismissal of the firm’s client, a valve manufacturer (“Defendant”), for lack of personal jurisdiction in an asbestos personal injury action filed in Madison County, Illinois. Defendant is an out-of-state corporation with its headquarters in Iowa. Plaintiff brought the action on behalf of her deceased husband, who was an Iowa resident. Plaintiff alleged that the decedent was exposed to asbestos-containing components from Defendant’s valves exclusively in Iowa. The allegations against Defendant were based on a negligent failure to warn theory....

Foley & Mansfield’s John Schaberg of the firm’s Edwardsville office recently won an appeal following 17 years of ongoing litigation. Beginning in 2001, the plaintiff-homeowners claimed that a private condominium development caused excessive flooding on their property, and claimed that our client, an Illinois municipality, should be ordered to fix the problem and pay monetary damages. After a 6-day bench trial in 2009, the trial court entered judgment in favor of the City and the developer. The Fifth District Illinois Appellate Court reversed that judgment in 2012 and sent the case back to the trial court. After several hearings in...

Foley & Mansfield’s medical malpractice defense trial team consisting of Kevin O’Conner and Mary Street successfully defended our client physician at the trial level and through the plaintiff’s subsequent appeal, obtaining an appellate affirmance of the trial court’s dismissal of the case with prejudice. At the trial level, the defense moved to dismiss the complaint against our client because the plaintiff did not comply with any statutory conditions precedent to filing a medical malpractice lawsuit in Florida. Florida’s Medical Malpractice Act requires, among other things, presuit notice to the prospective defendant, an affidavit from an expert corroborating the plaintiff’s allegations...

Foley & Mansfield of counsel Melissa Roeder and partner Terry Hall of the firm’s Seattle office successfully defended a cement company against products liability and negligence claims brought by the family of a retired employee of Puget Sound Naval Shipyard diagnosed with mesothelioma. Although a number of companies were sued originally, our client was the only company which took the case to trial in the Superior Court for King County, Washington. After hearing evidence during a three week trial, the jury deliberated for less than an hour before returning a defense verdict on plaintiff’s claims. The jury found that our...

Foley & Mansfield’s Los Angeles defense team of appellate partner Margaret Johnson and partner Lou Klein, succeeded in obtaining a published reversal of a trial court order which denied the firm’s client, a talcum product manufacturer (“TPM”), all of its prevailing party costs under Code of Civil Procedure sections 1032, 1033.5, and 998. The Plaintiff filed a personal injury action against TPM, as well as other defendants, claiming that she contracted mesothelioma from her use of cosmetic talcum powder products. TPM maintained throughout the proceedings that Plaintiff lacked reliable, sufficient and material evidence to establish that any of its talcum...

Foley & Mansfield Miami attorneys Eddie Medina and Frank DelloRusso successfully represented our client, a joint compound manufacturer, receiving a decision from the Fourth District Court of Appeal reversing the trial court’s denial of our client’s Motion to Dismiss for Lack of Personal Jurisdiction in a matter out of Broward County, FL. Defendant challenged personal jurisdiction in Florida on the grounds that it did not market or sell its products in Florida during the 1970s, when Plaintiff alleged exposure to Defendant’s products. Defendant filed an affidavit stating that it did not have any contacts with Florida prior to 1994. The...

Foley & Mansfield's Miami trial team of Kevin O’Connor, Kelly Casey and Mary Street mounted a successful defense this month in a case that involved allegations against our client, a cardiologist. The suit alleged that our client negligently ordered a transesophageal echocardiogram for the Plaintiff, which ultimately resulted in a perforation of her esophagus.  Plaintiff asked the jury for more than $750,000 in damages. Following 3 hours of deliberation in this two-week trial, the jury returned a defense verdict for our client. Judge Reemberto Diaz of the 11th Judicial Circuit of Florida presided.

Foley & Mansfield scores a double victory in Department 15 of the Los Angeles Superior Court on June 27, 2018, winning summary judgment for two different clients on the same day before the newly installed Asbestos Judge Brian Currey. The significance of these victories go beyond just the wins for our respective clients - the motions were not typical “no-ID” type motions but rather they were contested on the basis that the ID was insufficient and that, upon review of all the evidence, Plaintiffs could not establish any cause of action against either client. Furthermore, the issue of whether client...

Foley & Mansfield recently won a victory for our client, a homeowners association, in the United States Court of Appeals for the Sixth Circuit. The case alleged multiple and varied claims of civil rights violations, conspiracy, and violations of state laws regarding building use. The local township was also a defendant. The Association was represented by attorney Scott Holmes of Foley & Mansfield’s Detroit office. Following depositions of the plaintiffs and Association board members, the Association filed a motion seeking to dismiss the case because it lacked legal and factual merit, including that the claims were precluded (res judicata) by...

Foley & Mansfield recently obtained a jury verdict for Welter Construction, LLC, a Minnesota general contractor. Welter sought damages from Minneapolis-based Hoffman/Weber Construction, Inc., arising out of Welter’s sales work on a series of Wisconsin construction jobs.   Following a five-day trial, the jury awarded Welter Construction nearly $90,000.00 in damages, finding Hoffman/Weber breached its contractual obligations to Welter.  Welter was represented by Douglas McIntyre and Thomas Priebe of Foley & Mansfield’s Minneapolis office.  The case involved a complex and detailed analysis of more than thirty jobs secured by Welter for Hoffman/Weber.  Hoffman/Weber claimed to have paid Welter on some...

Foley & Mansfield attorneys William Foote, Jeremy Staley, and Katie Slaughter won summary judgment on behalf of its client in a $3 Million construction claim in St. Louis, Missouri. The lawsuit was filed by an electrical subcontractor against the firm’s client, a large general contractor, arising from the construction of a $120 million expansion of the St. Louis County Courts.  Plaintiff sought relief through reformation of the parties’ construction subcontract, along with damages for negligence and negligent misrepresentation, for events occurring during the bidding phase of the project.  The negligent misrepresentation count was previously dismissed on the merits as a...

Foley & Mansfield recently won a victory for our client, the City of Roseville, Michigan, in a civil rights case in which Plaintiffs - an African American couple - sued both their Caucasian neighbors and the City for alleged unlawful ethnic intimidation.  The City was represented by attorney Matthew Wise of Foley & Mansfield’s Detroit office. Plaintiffs filed the federal lawsuit in the U.S. District Court of the Eastern District of Michigan, claiming that their neighbors habitually trespassed on their property, destroyed their gas meter and committed a multitude of other violations of City ordinances and state law. Despite the...

Gregory M. Meihn, a partner in Foley Mansfield's Detroit office, successfully represented the State Bar of Michigan and the Michigan Attorney Grievance Commission in a civil suit filed in the U.S. District Court for the Eastern District of Michigan. The plaintiff, an attorney, claimed  that he was coerced into giving up his license in an earlier Attorney Grievance hearing alleging that the decision was : a) in violation of his rights under 1st and 14th Amendment to U.S. Constitution; b) was a conspiracy by the State Bar and Attorney Grievance Commission with others to deprive him of his constitutional rights...

Gregory M. Meihn, a partner in Foley & Mansfield's Detroit office,  prevailed on behalf of his client Saline Northview Condominium Association against Vidolich Trust II before the Michigan Court of Appeals on December 12, 2017.  The Michigan Court of Appeals affirmed the Washtenaw Circuit Court’s granting of Saline Northview Condominium Association’s motion for summary disposition dismissing Vidolich Trust II’s six (6) count complaint. The Vidolich Trust II claimed that Saline Northview Condominium Association violated the Bylaws by adopting an amendment to the Bylaws reducing the quorum requirement for the annual meeting; failed to produce the books and records of the...

City of Pasadena v. Superior Court (Reyes Jauregui), (June 26, 2017, Second Civil B280805), ___ Cal.Rptr. 3d ___, 2017 WL 2729836. Foley & Mansfield’s Los Angeles defense team of Joseph V. Macha, M. Amadea Groseclose, and Margaret Johnson succeeded in obtaining writ relief for the City of Pasadena, resulting in a rare published opinion that helps define California law for public entities sued for asbestos exposure. Plaintiff Sandra Reyes Jauregui was diagnosed with mesothelioma in September 2015.  She filed her complaint for personal injuries in October 2015.  The complaint alleged that her mesothelioma was caused by “take home” exposure to...

Foley & Mansfield partner Gregory M. Meihn successfully defended unfair labor charges brought by the union representing court employees of the Wayne County Probate Court.  On April 18, 2017, Michigan AFSCME Council 25, AFL-CIO and Local 1659 (“AFSCME”) filed an unfair labor practice charge against our client Wayne County Probate Court (“WCPC”) claiming that WCPC improperly terminated two union employees and failed to process and proceed with timely filed grievances (failure to bargain) as required by the Collective Bargaining Agreement and obligations under the Public Employment Relations Act (“PERA”).  Based upon the charge, Michigan Employment Relations Commission (“MERC”)  issued a...

Foley & Mansfield’s Oakland defense team, led by attorneys Douglas G. Wah, Khaled Taqi-Eddin, and Arturo E. Sandoval, mounted a successful defense in a recent month-long jury trial in Los Angeles Superior Court case alleging our client’s liability for plaintiff’s mesothelioma.  Foley & Mansfield represented Triple A Machine Shop, a California ship repair contractor and shipyard operator. Plaintiffs Rodulfo and Iluminada Palacio alleged that Triple A Machine Shop exposed Mr. Palacio to asbestos, causing his mesothelioma. This allegedly occurred when Triple A was in his presence aboard the USS Tulare for three days out of his 19 year career in...

Following a four-day bench trial, Foley & Mansfield attorney Thomas Harder obtained a defense verdict in Carver County, Minnesota on behalf of an co-educational private high school and its employee involving the alleged assault and battery of the Plaintiff. The case originally alleged five counts against the Defendants. First, and most significantly, the Complaint alleged breach of contract against the school, asserting that its published mission statement constituted a contractual obligation. The Defense argued that while a mission statement may communicate the high-level ideals of an organization, such as educating and nurturing students, it is not a contract between the...

Gary D. Sharp and Keith M. Ameele of Foley & Mansfield’s Los Angeles office teamed with Meredith Shaw of the San Francisco office of Quinn Emanuel to represent Colgate-Palmolive Company in a case filed in the Los Angeles Superior Court. Plaintiff Anna Blount filed her case claiming that she suffers from a terminal illness (peritoneal mesothelioma) and that a product manufactured by Colgate was the cause of her disease.   The case was tried over a 2 ½ week period in the Chatsworth Division of the Los Angeles Superior Court. During closing arguments, plaintiffs requested $19 million dollars in damages and...

On October 21, 2016, following a nearly 10-week trial, Foley & Mansfield's Oakland team received a defense verdict in an alleged occupational exposure case involving cosmetic talc distributed by our client Whittaker, Clark & Daniels. In Colpitts vs. American International Industries, et al, Los Angeles Superior Court No. BC600850, plaintiffs Linda and Michael Colpitts alleged that Linda Colpitts contracted pleural mesothelioma from exposure to asbestos. Plaintiffs claimed that Ms. Colpitts, a 68 year-old retired hairdresser/cosmetologist, was occupationally exposed to asbestos from a variety of products, including Clubman brand barber talc beginning in 1979.  They also claimed she had bystander and para-occupational exposure...

On September 27, 2016, Foley & Mansfield attorneys Kevin O’Connor and Jaime Alvarez obtained a defense verdict in Martin County, Florida, on behalf of an emergency room doctor following an 11-day trial involving the alleged failure to diagnose timely Plaintiff’s ruptured cerebral aneurysm. Plaintiff sought over $5.4 million in damages. The co-defendant settled three weeks before trial. Summary of the Case The Plaintiff, a 41-year-old male, was transported to the emergency department at 11:59 p.m., having collapsed at home after experiencing a sudden, sharp pain in the back of his mouth following episodes of nausea and vomiting. The Plaintiff’s daughter...

On September 23, 2016, Foley & Mansfield received a defense verdict in a California asbestos case. The defense team, led by partner Brian Smith of the firm’s Seattle office and associate Megan Van Arsdale of the firm’s Oakland office, successfully defended a general contractor against negligence claims brought by a 75-year old plaintiff diagnosed with mesothelioma.  Although a number of companies were originally sued, our client was the only company which took the case to verdict before Judge C. Edward Simpson in the Pasadena, CA courthouse. Plaintiff claimed that he worked around our client, and had been exposed to asbestos...

In Nosse v. Colgate-Palmolive Co., et al., No. BC603354 (unpublished) Foley & Mansfield successfully defended Safeway in Los Angeles Superior Court. The case, heard before Judge C. Edward Simpson in the Pasadena courthouse, was filed by plaintiff, Esther Nosse, claiming she had contracted terminal mesothelioma due to her use of a talcum powder product that she claimed she purchased from Safeway. After listening to testimony by several fact witnesses and eight expert witnesses, the jury decided in a unanimous verdict delivered on July 21, 2016 that the talcum powder was not contaminated with asbestos and that Ms. Nosse did not...

Foley & Mansfield successfully defended the Colgate-Palmolive Company in two separate product liability jury trials against claims relating to the company's talcum products. In the first case, Alfaro v. Colgate-Palmolive Company, Case Number BC583520, partners Gary D. Sharp and Keith M. Ameele of the firm’s Los Angeles office, together with Adam Abensohn of Quinn Emmanuel, successfully defended Colgate-Palmolive Company in the Los Angeles Superior Court. Plaintiff, a 38-year old woman who contracted mesothelioma, sued defendant Colgate-Palmolive, claiming that a talcum powder product, Cashmere Bouquet, had been contaminated by asbestos and lead to her disease. Following a three week trial, and hearing testimony from...

Thomas Harder, a partner with the Minneapolis office of Foley & Mansfield, recently obtained a dismissal on summary judgment of an employment lawsuit filed in the United States District Court for the District of Minnesota. The Plaintiff worked as a licensed practical nurse for the firm's client, LifeCare Medical Center, since 1993. During Plaintiff’s tenure, she was diagnosed with a degenerative knee condition requiring leave for multiple surgeries. In January of 2014, the Plaintiff’s employment was terminated due to her failure to adhere to her employer’s work schedule. Thereafter, the Plaintiff sued for wrongful termination asserting claims of FMLA retaliation...

Keith Ameele and Lou Klein of the Los Angeles office of Foley & Mansfield successfully obtained a defense verdict on behalf of their client, a mechanical services contractor, in a severe construction accident case in Northern California. Plaintiff sued the general contractor as a result of injuries sustained while working on a construction site. The general contractor in turn sued Foley & Mansfield’s client, a subcontractor, on a cross-claim. Importantly pursuant to the contract, if the jury found Foley & Mansfield’s client’s even 1% at fault, the client would have been responsible for the entire verdict. After a four-week trial,...

Foley & Mansfield partner Terry Hall, of counsel Melissa Roeder, and associate Zackary Paal of the firm’s Seattle office successfully defended a cement company against products liability claims brought by a husband and wife diagnosed with asbestosis and mesothelioma. Although a number of companies were sued originally, our client was the only company which took the case to trial in the Superior Court for King County, Washington. After hearing evidence during a three and a half week trial, the jury deliberated for approximately a day and a half before returning a defense verdict on both the wife’s mesothelioma claim and...

Once again, Foley & Mansfield had a defense win in Michigan Supreme Court. Detroit partner Melinda Balian represented a not for profit company, as well as its managers, which provides services to survivors of domestic violence. The plaintiff was an employee terminated for wrongful and intimidating conduct toward fellow employees and managers. In an action under the Michigan Whistleblower Act, Plaintiff claimed she was fired in retaliation for her alleged reporting of future, potential misconduct by the operations manager. The defense moved for summary disposition, arguing the alleged actions of Plaintiff did not fall within the protection of the whistleblower...

Gregory M. Meihn, a partner in the Detroit office of Foley & Mansfield, scored a double on two recent cases argued before the Michigan Court of Appeals. Michigan Authentic Credentials in Education Act  The first case, City of Fraser v Almeda University, Case No. 323449, involved the application of the Michigan Authentic Credentials in Education Act (“MACEA”), which prohibits a “person or entity from knowingly issuing or manufacturing a false academic credential in the State of Michigan.” For each violation of MACEA, the company or municipality harmed is entitled to the greater of $100,000 or actual damages. In order to...

Foley & Mansfield partner Gary D. Sharp of the firm’s Oakland and Detroit offices, along with national coordinating counsel Carmen N. Anderson of Milwaukee’s von Briesen & Roper and local counsel Dan Brady of Buffalo’s Hagerty & Brady successfully defended an equipment manufacturer against a wrongful death claim brought by the estate of a gentleman diagnosed with mesothelioma. Although a large number of companies were sued originally, the firm’s client was the only company who took the case to trial in the Supreme Court of New York, County of Lewis. After hearing evidence during a three and a half week...

In a recent decision, the North Dakota Supreme Court ruled that an insulation contractor owed no legal duty to a former employee’s son in a take-home asbestos case. Foley & Mansfield Minneapolis represented the contractor, A.W. Kuettel & Sons, Inc., at the district court and on appeal. Plaintiff’s father worked as an insulator for Kuettel in the 1960s and 1970s. Plaintiff alleged that he contracted mesothelioma from childhood exposure to asbestos fibers on his father’s work clothes, and claimed that Kuettel had a duty to warn him about the dangers of asbestos and asbestos-containing products. The district court granted Kuettel...

In a recent case in the Los Angeles Superior Court, plaintiffs Kenneth and Dorothy Evans claimed that Mr. Evans developed asbestosis from exposure to asbestos when he supervised the demolition of a gas cooling tower over a several week period in the 1950’s.  The tower had been built by Foley & Mansfield’s client, a general contractor. During his deposition, Mr. Evans testified that the cooling tower materials consisted of redwood, copper bolts and nails, and copper pipes. He also recalled an exterior baffling which he described as made of some form of wood. However, later in the deposition he admitted...

In a medical malpractice trial which involved the death a seven year old child, a jury in Fort Myers, Florida returned a verdict in favor of the defendants, represented by Kevin O’Connor in our Miami office.  The plaintiff alleged that the health care defendants failed to diagnose a bacterial infection when the  minor decedent was brought to the emergency department. In particular, they alleged that the nurse practitioner failed to order laboratory studies which would have revealed a bacterial infection despite the fact that the orders were already in the electronic medical record. The nurse practitioner had determined that the...

After a month of contemplating defendant’s summary judgment motion, Foley and Mansfield emerged victorious in obtaining a summary judgment dismissal for a Spokane area building supplier a month prior to trial. The case involve allegations stemming from the purchase of asbestos-containing joint compound products from a regional building suppler. Plaintiff alleged that he purchased asbestos-containing joint compound for work remodeling a home in the 1970’s. Through discovery and investigations we established that the plaintiff purchased joint compound at a time when asbestos-free compound was available and sold in the marketplace.  Plaintiff could not establish that he purchased asbestos-containing joint compound...

Gonzalez v. Caterpillar Inc., et al., case number 2013-CA-031838, 11th Judicial Circuit Court of Florida in Miami-Dade County On August 3, 2015, after less than 3 hours of deliberations, a Miami-Dade County jury found Caterpillar Inc., and Dana Co. LLC, not liable for the death of a mechanic who died of mesothelioma after allegedly working with asbestos-containing parts manufactured by the companies. The six-member jury unanimously rejected the $18.6 million dollar claim against Caterpillar and co-defendant Dana Co. LLC. The decedent, Pablo Gonzalez, died at age 79 in 2011, less than three months after being diagnosed with mesothelioma. The suit,...

Foley & Mansfield partner Thomas A. Harder won a victory for the defense in a long running dispute between his client, a Minnesota homeowner’s association, and plaintiff, an adjoining retail association.  The plaintiff was a retail association that shared common property with the homeowner’s association.  Following a series of failed negotiations over construction defect and related financial issues, the plaintiff filed a motion against our client seeking to have a receiver appointed over the homeowner’s association, as well as for declaratory and injunctive relief relating to alleged construction defects at their shared property.  After argument, the Court ruled from the...

It was a case of modern-day piracy, in which a minority investor attempted to steal credit for patented technology and take control of a company.  However, Foley & Mansfield Minneapolis partner Lisa Lamm Bachman, assisted by attorney Tessa Mansfield, successfully defended our client in this highly convoluted and contentious closely-held shareholder dispute, fraught with false representations and bad faith on the part of the plaintiff. After literally years of dealing with plaintiff’s false assertions and continued demands, a series of compromises were made, with the parties entering into a confidential settlement agreement providing the plaintiff with substantial equity in the company...

J. Scott Wood, Managing Partner of Foley & Mansfield’s Seattle Office, obtained a defense verdict on behalf of client Haugen Logging, Inc. after a one day bench trial in Pierce County, Washington. In the matter of Charlene Holt v. Haugen Logging, Inc. , Plaintiff had alleged that the defendants' logging crew had trespassed on her property and cut down her timber while harvesting an adjacent property.  After a full day of testimony from various witnesses and the review of admitted exhibits, the Judge ruled that Plaintiff had not proven that a timber trespass had occurred, and entered judgment for Foley...

Just a few days before trial was set to begin, the Ramsey County District Court granted Foley & Mansfield client Saint-Gobain Abrasives, Inc.’s summary judgment motion, dismissing all claims against the company in the asbestos-related lawsuit. Plaintiff sued several defendants, including Saint-Gobain (formerly known as Norton Company), alleging that he developed mesothelioma as a result of exposure to asbestos while working at machine shops for a short time in the early 1970s. Ruling in favor of Saint-Gobain, the Court found the evidence supported Saint-Gobain’s defense that it was physically impossible for plaintiff to have used a Saint-Gobain asbestos-containing grinding wheel....

California Attorneys Sharp and Johnson Earn Non-Suit in Asbestos Trial Gary D. Sharp and Darren P. Johnson of Foley & Mansfield, Oakland and Los Angeles, California offices respectively, were granted a non-suit after 10 days of trial in the Los Angeles Superior Court, Chatsworth Division on behalf of Calaveras Asbestos, Ltd. Plaintiffs filed suit on behalf of Judith Winkel claiming that her mesothelioma had been caused by exposure to asbestos from the Calaveras mine through her husband’s work with an asbestos containing roofing cement. At the conclusion of the plaintiff’s evidence, Mr. Sharp and Mr. Johnson convinced the Court that...

Today, the California Court of Appeal, 4th District, Division 3, issued its long-awaited opinion in the Capistrano Taxpayers Association v. City of San Juan Capistrano water rates case.  Louis C. Klein, a partner in Foley & Mansfield, PLLP’s Los Angeles office, represented Amicus Curiae Mesa Water District in this case siding with the taxpayers association. The ruling sheds much needed light on the State Constitutional requirements for determining how municipalities and water districts can set water rates.  Proposition 218, enacted by the voters in 1996, set certain constitutional limitations on the ability of government agencies to generate revenues without taxpayer...

Capistrano Tax Payers Association v. City of San Juan Capistrano California Court of Appeal 4th Appellate District, Division 3 Case No. G048969 Today, the California Court of Appeal, 4th District, Division 3, issued its long-awaited opinion in the Capistrano Taxpayers Association v. City of San Juan Capistrano water rates case. The ruling sheds much needed light on the State Constitutional requirements for determining how municipalities and water districts can set water rates. Proposition 218, enacted by the voters in 1996, set certain constitutional limitations on the ability of government agencies to generate revenues without taxpayer approval.  First, and most importantly,...

The District Court in Otter Tail County, Minnesota recently granted our client, a large propane wholesaler, summary judgment. A woman was severely injured after a propane explosion at her home in Parkers Prairie, Minnesota. The woman, and nearby property owners and their insurers, made various claims for personal injuries and property damage. The Court dismissed all of Plaintiffs’ claims against our client. The Judge adopted our argument that Plaintiffs’ negligence-based claims failed because our client owed Plaintiffs no duty. The Court also held Plaintiffs failed to prove causation against our client. The Court specifically held that the propane our client...

Foley & Mansfield Client Prevails in Minnesota Court of Appeals Eviction Case On July 22, 2008, the Minnesota Court of Appeals reversed a Scott County jury verdict against a Foley & Mansfield client (BTI) in an eviction proceeding, which had been brought over BTI’s objection as a separate suit from a pending shareholder / corporate ownership lawsuit. BTI asserted that the eviction action should have been stayed as the issues of ownership and the right to use the properties were already being litigated between the parties in another county. The trial court allowed the eviction action to proceed, but refused...

The District Court in Scott County, Minnesota, recently granted our client, a construction company, summary judgment. The Plaintiff alleged that our client, a corporation formerly owned by the Plaintiff, constructed his home with various defects and sued for breach of contract, negligence, and various statutory claims. The Plaintiff also asserted that our client was the general contractor responsible for the construction of the home. The Court dismissed all of the Plaintiff’s claims against our client. The Judge concluded that the Plaintiff was the only person responsible for selecting and supervising subcontractors and designing the home, and that there was no...

Gray v. Badger Mining, 664 N.W.2d 881 (Minn. Ct. App. 2003), and Gray v. Badger Mining, 676 N.W.2d 268 (Minn. 2004) Partner Cindy Bartell of Foley & Mansfield's Minneapolis office worked on the appeals in Gray v. Badger Mining, 664 N.W.2d 881 (Minn. Ct. App. 2003), and Gray v. Badger Mining, 676 N.W.2d 268 (Minn. 2004), representing the sand supplier in a product liability case where the plaintiff alleged he developed silicosis from his work in a foundry. The appeal developed the sophisticated intermediary/bulk supplier defense in Minnesota. The Minnesota Court of Appeals reversed the lower court and held Badger...

Michigan Court of Appeals Affirmed Washtenaw Circuit Court's in Workers' Compensation Case On January 20, 2009, the Michigan Court of Appeals affirmed the Washtenaw Circuit Court's granting of defendant's motion for summary disposition. Plaintiff had filed a worker's compensation retaliation, ADA, and wrongful termination claim. Plaintiff claimed that she was terminated from her position because she had previously filed worker's compensation claims and because she was disabled. The Washtenaw Circuit Court dismissed all claims pursuant to MCR 2.116(C)(10). Plaintiff then filed her appeal as to the dismissal of the worker's compensation retaliation claim, only. The Michigan Court of Appeals affirmed...

Minneapolis Foley & Mansfield Attorneys Win Closely-Held Corporation/Shareholder Trial Thomas Pahl and Christopher Grecian secured a victory and jury verdict for their client, Bjorklund Trucking, Inc., against a former shareholder who denied the existence of an agreement to transfer title to the trucking company’s terminals in Shakopee and Buffalo, Minnesota. The hotly-contested oral agreement arose during a 1993 meeting between the BTI shareholders. The trial occurred in Wright County District Court and the jury deliberated for only three hours before reaching its verdict for BTI. As BTI’s president, Sunil Sapatnekar, noted, “Tom’s concise closing statement, followed by a causality-based sequence...

Municipalities’ Appeal of finding by Administrative Agency Granted Greg Meihn successfully appealed the Michigan Department of Wage and Hour’s determination that the employee was not fired for good cause.  The Board of Appeals found that the termination was based upon the employee’s failure to follow established rules regarding use of city vehicles and the consumption of alcohol during working hours.

Successfully Defending Environmental Law Case Against the City of Pomona, California In June 2006, the U.S. District Court of Central California found in favor of Calsol, Inc. a chemical distribution company no longer in use, in a long-running environmental law case alleging chemical contamination on a site in the city of Pomona. Foley & Mansfield LA Office Managing Partner Peter Langbord successfully defended Margaret Roff, former owner of Calsol, Inc. and a Rancho Cucamonga resident, against the city of Pomona, arguing that Roff did not contribute to an imminent and substantial endangerment to public health or environment. The city of...

The United States Court of Appeals for the Seventh Circuit recently affirmed summary judgment in favor of one of Foley & Mansfield’s clients, a regional agribusiness. The client was a defendant in a suit arising out of a propane explosion that injured an Illinois man and damaged his house. The injured man alleged that the firm’s client sold propane to him and negligently failed to stop a leak that resulted in the explosion. Partners in the firm’s Minneapolis office removed the case to the United States District Court for the Northern District of Illinois and eventually moved for summary judgment....

United States District Court for the Eastern District of Michigan dismisses religious discrimination claim Greg Meihn successfully defended and acquired the dismissal of a claim against a medical provider for failure to grant religious accommodations under Title VII.

Foley & Mansfield Medical Malpractice Team Obtains Defense Verdict On Tuesday, November 4, 2014, a jury for the 20th Judicial Circuit Court for Fort Meyers, Florida, found in favor of an emergency department physician and a physician’s assistant accused of failing to diagnose a patient’s pulmonary embolism that caused her death. The decedent, a 42-year old woman, died three days after being discharged from the emergency department.  Alleging that the physicians failed to order necessary diagnostic tests to rule out the patient’s embolism, the decedent’s husband and daughter asked the jury for $3.7 million dollars in damages.  However, the defense...

Los Angeles Attorneys Joseph Macha and Maryam Danishwar Obtain Defense Verdict in Los Angeles County Superior Court Joseph Macha and Maryam Danishwar of Foley and Mansfield’s Los Angeles office received a defense verdict on behalf of a sub-contractor client after a 3 ½ week jury trial in Los Angeles County Superior Court.  Plaintiff was an employee of a Southern California utility company who worked primarily on pipelines.  Plaintiff sued our client, a sub-contractor to the utility company at issue, claiming that Defendant's removal of an asbestos containing product exposed him to asbestos, causing his asbestosis.   The jury deliberated for...

Foley & Mansfield Wins Summary Judgment for City of Fraser On August 26, 2014, the Macomb County Circuit granted summary judgment in favor of our client, the City of Fraser, in a case brought against Almeda University, an institution with its place of business located in Puerto Rico, in the amount of $600,000.  This case of first impression was brought against Almeda University under the recently passed Authentic Credentials In Education Act, MCL 390.1601, and  involved Almeda University issuing Bachelors and Masters degrees to police officers which were used by the officers for promotion and salary increases. The Bachelors and...

Howard (Terry) Hall and Jan E. Brucker Receive Favorable Defense Verdict on Behalf of the University of Washington Howard (Terry) Hall and Jan E. Brucker of Foley & Mansfield’s Seattle office received a defense verdict on behalf of client the University of Washington after a three week trial in King County, Washington Superior Court.  The plaintiff’s father, who died from asbestosis, worked as a sheet metal mechanic and was exposed to asbestos while working for an independent contractor at several buildings on the University’s Seattle campus in the 1960’s and 1970’s.  The plaintiff claimed that as the premises owner the...

Gary D. Sharp and Jennifer M. McCormick Earn a Defense Verdict in the San Francisco Superior Court After hearing evidence for 3 ½ weeks, a jury in the San Francisco Superior Court deliberated for 5 hours before returning a defense verdict July 30, 2014 on behalf of Foley & Mansfield client, Belnortel Corporation. The plaintiff, suffering from mesothelioma, owned a service station and repair garage and sued Belnortel who operated mobile brake repair services in the 1970’s. He claimed that the turning of brake drums and the grinding of brake shoes by employees of Belnortel exposed him to a sufficient...

Lisa Lamm Bachman Wins $2.1 M Judgment Against Gander Mountain A $2.1 million judgment granted by a federal Minnesota court has been upheld by the 8th Circuit Court of Appeals. The recent decision marked a big win for a Minnesota attorney who, on behalf of her client the Grandoe Corporation, won a $2.1 million judgment after the Gander Mountain Company violated an oral agreement to purchase $3.05 million worth of winter gloves from Grandoe. “This enforces the fact that not all contracts have to be written,” said Lisa Lamm Bachman, attorney for Grandoe. “You can have an enforceable oral contract.”...

Wah Leads Winning Team in Longstanding Asbestos Trial On April 29, 2014, a New Orleans jury ruled in favor of two asbestos defendants in a mesothelioma wrongful death trial,  Landry vs. Steel Grip Safety Apparel. Representing Steel Grip was Foley & Mansfield Partner Douglas Wah, assisted by Barbara Lee, Trial Coordinator from the firm’s Northern California office.  Widow Clailee Landry and her two sons, were represented by Gerolyn Roussel of Roussel and Clemente of New Orleans, LA.   This case had been the second oldest in the State of Louisiana, having been originally filed in 2002.  It had been assigned...

Oakland attorneys Andrew L. Sharp and Khaled Taqi-Eddin Earn a Non-Suit on Behalf of Calaveras Asbestos, Ltd. Andrew L. Sharp and Khaled Taqi-Eddin successfully argued and were awarded a Non-Suit after three weeks of trial for Calaveras Asbestos, Ltd. in the Fresno County Superior Court, State of California. Plaintiffs filed suit for the death of James Phillips arguing that Calaveras had supplied raw asbestos fiber to Johns Manville and CertainTeed for the manufacture of asbestos-containing cement pipe and that Mr. Phillips was exposed to the pipe during his work as a plumber. At the conclusion of the plaintiff's case, Mr....

Holmes Wins Sixth Circuit Appeal on Civil Rights Claims Case Summary This case involved the Plaintiffs’ attempt to have a federal court grant them relief from a state court’s judgment against them. Ultimately, the case was dismissed on a number of grounds, including that Plaintiffs’ lawsuit violated well-established legal principles prohibiting “state court losers” from appealing to the federal courts, and that Plaintiffs were attempting to assert claims which are not recognized in the Sixth Circuit. Plaintiffs Allege 179 Claims The City of East Lansing, Michigan, has a population of 48,577. It is also home to one of the top...

Foley & Mansfield Attorneys Receive Favorable Defense Verdict in Mesothelioma Case Gary D. Sharp and T. Eric Sun of Foley & Mansfield's Oakland office received a defense verdict on behalf of a manufacturing client after a three week trial in the Los Angeles Superior Court. The plaintiff, who suffers from mesothelioma, claimed his exposure to asbestos-containing gasket materials utilized in compressors that he installed and repaired as a refrigeration mechanic caused his disease. As there were no other alternative exposures which could be shown, the defense focused on the di minimus exposure to asbestos which occurs from the application or...

Foley & Mansfield Clients Awarded Non-Suit After Six Weeks of Trial In a recent multi-party asbestos lawsuit brought by plaintiffs Nicholaas Schildknegt and his spouse, Brigitte Schildknegt, two Foley & Mansfield trial teams from the firm’s Oakland office – ­each representing a separate defendant in the matter – were successful in obtaining a dismissal of the plaintiffs’ case. Attorneys Gary D. Sharp, Robert M. Menchini, Melissa M. Corica and Andrew L. Sharp represented the Parsons Corporation in this lawsuit, with Thomas J. Tarkoff and Lauren C. McLeod representing another party to the suit, a global engineering and contracting company.  In...