In re Bendectin Product Liability Litigation
Defense of Merrell Dow in several thousand suits alleging that birth defects were caused by the prescription anti-nausea medication, Bendectin. Numerous summary judgments and jury verdicts obtained in favor of Merrell Dow.
Cargill, Inc., et al. v. ABCO Construction, et al.
We are currently serving as common trial counsel for a Group of Companies making up the Valleycrest Landfill Steering Committee in a CERCLA cost recovery action pending in the United States District Court for the Southern District of Ohio brought against over 100 potentially responsible party defendants for their share of the cost of investigating and remediating the Valleycrest Landfill. As a result of extensive discovery and Court approved mediation approximately 95% of the claims have been settled with only three claims still remaining to be resolved.
Department of Justice Merger Investigation
We represented a national equipment distributor in a Department of Justice investigation into a merger between our client’s competitor and a shared supplier. We counseled our client as a witness who offered relevant information to expedite the investigation.
When an asset-seller sought to pass its responsibility to contribute to the cost to cleanup a landfill in West Chester, Ohio, to an asset-buyer, Borden, Inc. turned to Dinsmore for counsel and defense. In a bench trial with numerous witnesses and hundreds of thousands of documents, we convinced the court that the asset-seller retained the cleanup liability and that Borden did not assume the liability. Subsequently, the Sixth Circuit Court of Appeals upheld the decision in its entirety (OXY USA, Inc. v. Borden, Inc., 2007 U.S. App. LEXIS 694 (January 7, 2007)). Borden’s victory not only prevented the asset-seller from transferring its liability for the cost to clean up the landfill at issue in the case, but prevented the asset-seller from alleging that Borden was responsible for its cleanup obligations at any other site in the United States where any of the more than half a dozen facilities that were the subject of the sale may have sent waste for disposal.