Class Actions and Multidistrict Litigation

Train Derailment

Thompson Coburn handled a significant case for a major railroad which was originally filed as a class action in St. Clair County, Illinois. The case arose from the derailment of a train with rail cars containing chemicals such as hydrochloric acid, vinyl chloride, and methanol, which resulted in the evacuation of approximately 1,000 individuals from their homes. The plaintiffs alleged that they incurred personal injury, sustained respiratory and dermal exposure to harmful chemicals, incurred medical and related expenses, incurred property damage, and experienced emotional distress. After we successfully obtained transfer of the case to Perry County based on the doctrine of forum non conveniens, a class was certified by the trial court and affirmed by the Fifth District Appellate Court. In a major victory, the Illinois Supreme Court unanimously reversed the Fifth District’s class certification ruling and remanded the case. Thompson Coburn successfully handled and ultimately settled over 450 separate claims following the defeat of the class certification.

MTBE Potable Water Contamination

Our attorneys were actively involved in the methyl tertiary butyl ether (MTBE) litigation cases consolidated in the Southern District of New York under the Multidistrict Litigation Rules. In the first phase of this litigation, the major oil companies in the United States were sued regarding their decisions to add MTBE to gasoline. The plaintiffs alleged that their private wells were contaminated from or threatened by MTBE in the groundwater. The suits sought class treatment in a number of states. We served as lead counsel for one of the major petroleum companies in the first round of this multidistrict litigation and simultaneously served as co-counsel for two other oil companies. We were an integral player in the defense group's successful effort to defeat class certification.

Tashima Morris, et al v. Arcelormittal USA, Inc, et al, Case No. 2:09-CV-108 RM (August 12, 2010)

TC represented a client that was one of several defendants sued in state court in Indiana in 2009. The complaint initially sought class certification for all children in Lake County, Indiana for medical monitoring as a result of an alleged public nuisance created by the defendants' emissions from their smokestacks. By pleading a nuisance claim, the plaintiffs attempted to hold defendants liable irrespective of whether their air emissions comported with their air permits. The defendants successfully removed the case to the federal District Court for the Northern District of Indiana and then moved to dismiss on a number of grounds. After plaintiffs replead their claims, the defendants moved to dismiss the amended complaint. On August 12, 2010, the court granted the motion to dismiss the amended complaint. It was a complete and total victory for the defendants. In addition to the cost of medical monitoring, a loss could have further opened the door to lawsuits around the country against industry on public nuisance grounds, notwithstanding compliance with air emission or other federal or state-issued permits.

Eric Boyd	Partner	Chicago	312 580 2214 312 580 2214 Email Download Vcard	Eric represents clients in litigation, regulatory compliance, and transaction matters with respect to all of the major environmental programs. Eric represents clients in litigation, regulatory compliance, and transacti...
Tim Briscoe	Associate	Chicago	312 580 2247 312 580 2247 Email Download Vcard	As a litigator with the Environmental Group, Tim is dedicated to achieving client goals in complex environmental disputes and regulatory matters. As a litigator with the Environmental Group, Tim is dedicated to achieving ...
Sara Chamberlain	Partner	St. Louis	314 552 6112 314 552 6112 Email Download Vcard	Sara assists clients in identifying, navigating and responding to environmental risks and liabilities. Sara assists clients in identifying, navigating and responding to environme...
Ed Cohen	Partner	St. Louis \| Chicago	314 552 6019 314 552 6019 Email Download Vcard	Ed has substantial experience in a wide range of complex lawsuits, most of which involve multi-party environmental litigation. Ed has substantial experience in a wide range of complex lawsuits, most of ...
John Galvin	Partner	St. Louis	314 552 6341 314 552 6341 Email Download Vcard	John represents domestic and international clients in complex litigation and multi-district litigation in some of the most challenging state and federal venues in the cou... John represents domestic and international clients in complex litigation an...
Suzanne Galvin	Partner	St. Louis	314 552 6338 314 552 6338 Email Download Vcard	Clients turn to Suzanne Galvin for results in complex high-profile litigation, particularly in the areas of pharmaceutical, medical device, and environmental exposure cla... Clients turn to Suzanne Galvin for results in complex high-profile litigati...
Suzanne Hart	Associate	St. Louis	314 552 6492 314 552 6492 Email Download Vcard	Suzanne is a litigation associate in the firm's environmental group. Suzanne is a litigation associate in the firm's environmental group.
Ryan Russell Kemper	Partner	St. Louis	314 552 6321 314 552 6321 Email Download Vcard	Ryan has a broad and diverse practice serving clients navigating sophisticated matters related to air, water, land, energy, agriculture, emergency response and climate is... Ryan has a broad and diverse practice serving clients navigating sophistica...
Crystal Kennedy	Partner	St. Louis	314 552 6168 314 552 6168 Email Download Vcard	Crystal has 30+ years of national environmental experience and leads the transactional area of the Firm's environmental practice. Crystal has 30+ years of national environmental experience and leads the tr...
Steven Mandelsberg	Partner	New York	212 478 7360 212 478 7360 Email Download Vcard	Steve represents financial institutions, businesses and constituencies in major commercial disputes, with a particular focus in lender liability cases, fraud-based invest... Steve represents financial institutions, businesses and constituencies in m...
Paul Sonderegger	Partner	St. Louis	314 552 6154 314 552 6154 Email Download Vcard	Paul is a highly effective litigator and regulatory compliance attorney who has resolved environmental and real estate/construction disputes in state and federal courts a... Paul is a highly effective litigator and regulatory compliance attorney who...
Peter Stark Strassner	Partner	St. Louis	314 552 6109 314 552 6109 Email Download Vcard	Peter is an environmental attorney who helps companies respond to major environmental incidents, navigate regulatory actions and successfully resolve civil and criminal l... Peter is an environmental attorney who helps companies respond to major env...

CLASS ACTIONS AND MULTIDISTRICT LITIGATION

CONTACT

SERVICE AREAS

RELATED PRACTICES

RELATED INDUSTRIES

REPRESENTATIVE CLIENTS

Train Derailment

MTBE Potable Water Contamination

Tashima Morris, et al v. Arcelormittal USA, Inc, et al, Case No. 2:09-CV-108 RM (August 12, 2010)

Publications

Blog Posts

News

EPA Makes Major Moves on PFAS in April

Ethical and Compliant Implementation of AI in Financial Services in the US

Ryan Russell Kemper, Paul Sonderegger Named to 2024 Environmental Law Power List

Lessons from Recent Decisions on Earnout Disputes

Downstream drama: Iowa utility can’t recover damages from county drainage districts

Thompson Coburn Grows Higher Ed Practice, Birmingham Team with New Partner Lorrie Hargrove

Long-Awaited SEC Climate Disclosure Rule Draws Legal Challenges Across the Ideological Spectrum

Thompson Coburn Attorneys Recognized in Chambers USA 2024

No-GMOs are a no-go in Oregon and Hawaii

California's New Environmental Disclosure Laws Mandate Corporate Transparency

TC Attorneys Cover SEC Climate Rule’s Unique Legal Hurdles for Law360

9th Circuit sends herbicide debate back to the EPA