Class Action, Client Results, Notable Cases, Toxic Tort, Transportation

In Re Miamisburg Train Derailment.

May 3, 2003

Class action in Dayton Ohio.  Case involved chemical plume over residential and commercial area, resulting in shelter in place orders, personal injury, property damage and lost profit claims. Won directed verdict after six week trial. Directed verdict then reversed on appeal to Ohio Supreme Court.  Prevailed again at trial and on appeal by arguing co-defendant's post-trial settlement for $16 million fully satisfied class damages and plaintiffs were only entitled to one satisfaction.  Also recovered attorneys' fees for our client in an indemnity claim against another co-defendant.

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