Product Liability Fire & Explosion Capability Statement

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Sherilyn Lee
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1 Winter 2013 Product Liability Fire & Explosion Capability Statement

Fire and Explosion Litigation The hallmark of our approach is the immediate and intensive investigation and preservation of physical and testimonial evidence.

2 Fire and Explosion Litigation The hallmark of our approach is the immediate and intensive investigation and preservation of physical and testimonial evidence. We are leaders in helping our clients interpret and implement the Consumer Product Safety Improvement Act and in dealing with the CPSC on such issues Schiff Hardin s Fire & Explosion practice has a nationwide reputation. For more than 20 years, we have been called upon by a multitude of clients, including some of the largest companies in the world, to represent their interests in truly catastrophic fire and explosion incidents. We have litigated hundreds of such cases in virtually every state in the Country, including in the most challenging venues. Our global platform allows our well-organized emergency response teams to mobilize quickly anywhere in the world to immediately investigate and preserve critical physical and testimonial evidence. We are extremely well versed in all aspects of fire and explosion investigation and litigation and we regularly utilize cuttingedge scientific techniques to dissuade would-be litigants and to defeat dubious expert theories and opinions. For more than 20 years, we have successfully defended clients in highexposure cases that span the full gamut of such matters, including those involving catastrophic burn injuries, multiple fatalities, multimillion dollar property damage and business interruption losses, catastrophic environmental contamination, and many others. The matters that we have litigated have arisen in the context of industrial explosions and fires, natural and propane gas fires and explosions, blue and brown water marine fires and explosions, petroleum-based fires and explosions at refineries and distribution facilities, consumer appliance and electronic fires, volatile chemical and combustible gas explosions, industrial equipment fires, fires involving automotive components, mattresses, textiles, and other products and materials. We are Particularly Qualified to Litigate Catastrophic Fire & Explosion Cases Together with a depth of trial skill honed in state and federal courts around the country, including numerous fire and explosion trials, we have extensive knowledge of all aspects of fire and explosion forensics, including: (1) electrical and chemical engineering; (2) material science; (3) fire science and the attendant research, case law, and literature; (4) governmental injury databases; (5) toxicology; (6) behavioral research; 1

(7) international fire and explosion studies and experiments; and (8) fire modeling. With regard to marine fire and explosion incidents, we also bring experience as deep water and wreck divers.

3 (7) international fire and explosion studies and experiments; and (8) fire modeling. With regard to marine fire and explosion incidents, we also bring experience as deep water and wreck divers. Catastrophic fires and explosions require an immediate and wellorganized response so that their causes can be determined by highly qualified investigators, engineers and other professionals. We maintain a network of the finest fire cause and origin experts, electrical and chemical engineers, metallurgists, building-code experts, damages experts, private investigators and others throughout the country who, along with our attorneys, are prepared to travel to any location to conduct prompt and thorough scene investigations, which are often critical to avoiding litigation or successfully defending the case. Our ability to respond to such occurrences is greatly enhanced by our offices in Ann Arbor, Atlanta, Chicago, Lake Forest, New York, San Francisco and Washington. Regulatory Experience We have successfully tried fire and explosion cases throughout the country before courts and arbitrators. Our attorneys have a strong grounding in the Consumer Product Safety Improvement Act (CPSIA), including its certification procedures, reporting requirements, multi-million dollar civil fines, criminal liability provisions and online, searchable database of death and injury reports. We also have a strong grounding in assisting clients with product recalls in conjunction with the CPSC and its staff, and we regularly defend recalled products in the courtroom. National Product Liability Counsel We regularly serve as our clients national product liability counsel, litigating fire and explosion cases around the country and throughout the world, helping to formulate company policies and litigation strategies, developing critical consultants and expert witnesses, conducting facility reviews for fire safety, formulating emergency response programs and manuals, and helping to control our clients litigation costs. For example, we serve or have served as national counsel for: 1) one of the world s leading suppliers of consumer electronics, (2) numerous well-known consumer appliance suppliers; 3) a national manufacturer of portable heating and air-conditioning equipment; 4) one of the world s leading chemical companies; 5) several national and regional utility companies; and 6) several well-known industrial equipment suppliers. 2

Representative Cases We have successfully negotiated extremely favorable settlements on behalf of our clients in the face of truly catastrophic losses.

4 Representative Cases We have successfully negotiated extremely favorable settlements on behalf of our clients in the face of truly catastrophic losses. In re September 11 Litigation (collapse of 7 World Trade Center) (NY) Fatal explosion at client s manufacturing facility (IL) Defense of client s recalled appliance in wrongful death fire case (TX) Defense of client s consumer electronic product in $5MM residential fire (CT) Defense of client s chemical product in $40MM adhesives facility explosion (PA) Investigation of blue water fire and explosion involving $25MM vessel in Puget Sound (WA) Defense of client s consumer electronic product in quadruple fatality fire case (VA) Defense of client in class action arising out of a fire and explosion of a pesticide repacking plant (AR) Defense of client s consumer appliance in fatal fire involving 8 victims who comprised 3 generations. (LA) Darren VanPuymbrouck is the Chair of Schiff Hardin s Fire & Explosion Team We employ a focused and well-organized approach to large, catastrophic fires and explosions which often allows us to persuade would-be plaintiffs not to pursue claims against our clients even where the damages are substantial Darren VanPuymbrouck is internationally recognized as one of the foremost fire and explosion litigators in the world. He has successfully litigated more than 400 fire and explosion incidents, including some of the most catastrophic incidents around the globe. Mr. VanPuymbrouck regularly leads teams of dozens of interested parties and their consultants at commercial, manufacturing, refining, natural gas, residential and marine fire or explosion scenes. He is very well versed in the complexities of fire science, electrical and chemical engineering, and fire modeling and utilizes that knowledge in deposing and cross examining opposing expert witnesses to great effect. Mr. VanPuymbrouck is a chair of the ABA s Complex Torts Committee, a member of the National Association of Fire Investigators ( NAFI ) and a NAFI instructor. Mr. VanPuymbrouck can be reached at or darrenvan@schiffhardin.com. In case of an emergency, Mr. VanPuymbrouck can be reached on his mobile phone at

Remke Ronald S. Safer Matthew G. Schiltz Darren VanPuymbrouck Kelly M. Warner Thomas M.

5 Schiff Hardin s Fire & Explosion Team spans the nation and includes the following members: Chicago New York Edward M. Casmere Stephen M. Copenhaver Rachel A. Remke Ronald S. Safer Matthew G. Schiltz Darren VanPuymbrouck Kelly M. Warner Thomas M. Crispi Paul A. Scrudato San Francisco Eliot S. Jubelirer Renee C. Kelley Jeffrey R. Williams John S. Worden 4

6 Schiff Hardin Offices 305 South Main Street Suite 210 Ann Arbor, MI t f One Atlantic Center, Suite West Peachtree Street NW Atlanta, GA t f South Wacker Drive Suite 6600 Chicago, IL t f One Westminster Place Suite 200 Lake Forest, IL t f Fifth Avenue Suite 1700 New York, NY t f One Market Spear Street Tower, Suite 3200 San Francisco, CA t f K Street NW Suite 300 Washington, DC t f

Michael J. Ling Fire Investigator Team Lead, IAAI-CFI (V), NAFI-CFEI Field Office: Ames, Iowa Cell:

Michael J. Ling Fire Investigator Team Lead, IAAI-CFI (V), NAFI-CFEI Field Office: Ames, Iowa Cell: 515-450-2342 mike.ling@efiglobal.com Central Service Center Phone: 630-5292097 2055 W. Army Trail Road