Experience

Defense of Claims of Groundwater/Water Supply Contamination

Defended client in state court cost recovery action asserting HSAA and common law claims, brought by a California water district concerning aquifer contamination by TCE and other VOCs.

Proposition 65 and Product Liability Defense

Successful resolution of multiple Prop. 65 challenges, including defense of manufacturer in major ongoing Prop. 65 litigation relating to use of recycled materials in production.

Prop 65 - Bottled Water

Represented major suppliers of bottled water (Crystal Geyser, Nestle Waters) in negotiating favorable settlements of enforcement action by Jim Wheaton and ELF over alleged exposure to lead and naturally-occurring arsenic in bottled water.

Advisory Counsel to AAFA

Selected as Product Advisory Counsel to the American Apparel & Footwear Association (AAFA) and The Hosiery Association regarding Proposition 65 and other product laws.

Prop 65 Consumer Products

Successful defense of manufacturers and distributors of consumer products (including apparel, children's products, vinyl gloves, garden tools, jewelry products, glassware and ceramicware, galvanized pipe fittings, plumbing fixtures, and lighting products) for alleged failure to warn of exposure to cadmium, lead, mercury, phthalates or toluene, among other chemicals.

Prop 65 Food and Beverage

Represented food and beverage suppliers in negotiating favorable settlements of claims for alleged failure to warn of exposure to Proposition 65 chemicals.

Prop 65 Chemical Exposure in Education

Negotiated favorable settlement of claims alleging failure to warn of exposure to diesel exhaust from school buses, exposure to formaldehyde in components of modular classrooms, and exposure to arsenic and chromium in pressure-treated wood.

Prop 65 Diesel Emissions

Obtained dismissal following successful defense of industrial facilities for alleged failure to warn of exposure to diesel emissions.

Prop 65 Formaldehyde

Successful defense of distributors and retailers of paper products in Proposition 65 claims for alleged failure to warn of exposure to formaldehyde.

Prop 65 Masonry and Treated Lumber

Successful defense of manufacturers and distributors of construction supplies in action concerning alleged failure to warn of exposure to crystalline silica, lead, chromium, arsenic and other chemicals in fasteners and in dust from cutting, grinding, sanding and drilling masonry products and pressure-treated lumber.

Prop 65 Natural Gas

Successful defense of refiners and natural gas producers concerning alleged Proposition 65 violations from releases of formaldehyde, benzene, toluene and other chemicals.

Prop 65 Plumbing Fixtures

Represented plumbing fixture manufacturers in negotiating favorable settlements of claims for alleged failure to warn of exposure to lead in brass components.