Representative Trial and Litigation Experience
In 2021-2022, Jeff defended Soco West, Inc., and Brenntag Pacific, Inc., in a 13-month Zoom bench trial in Orange County Superior Court in Orange County Water District v. Sabic Innovative Plastics US, LLC, et al., a cost recovery lawsuit under the Orange County Water District Act, the Hazardous Substances Account Act (California Superfund), and several common law tort theories. At the conclusion of trial, the court awarded less than the amount of other settlements, which offset the award.
In 2021, Jeff defended Evolution Fresh, Inc., in a Proposition 65 bench trial in Los Angeles Superior Court in Wachs, et al., v. Suja Life, LLC, et al., obtaining judgment in its favor after trial.
In 2019, Jeff defended Exxon Mobil Corporation and ExxonMobil Oil Corporation in a jury trial in the U.S. District Court for the Central District of California in Orange County Water District v. Unocal, et al., a product liability and nuisance lawsuit that was initially part of a Federal multi-district litigation matter in the Southern District of New York, then remanded to California for trial. The plaintiff initially sought hundreds of millions in damages, but the case settled very favorably after the defendants’ opening statements. Earlier in the case, Jeff obtained a major summary judgment victory in the Southern District of New York, disposing of most of the claims asserted by the plaintiff.
In 2013, Jeff obtained summary judgment on 4 of 5 claims in City of Merced Redevelopment Agency v. Exxon Mobil Corporation, et al., a Federal multi-district litigation matter in the Southern District of New York. In 2015, after transfer to the Eastern District of California for trial, he prevailed on a second motion for summary judgment dismissing the plaintiff’s remaining claim for cost recovery under the Polanco Act.
In 2013, Jeff obtained summary judgment on all claims in Orange County Water District v. SABIC Innovative Plastics, et al. The case involved a claim for tens of millions of dollars in purported future damages associated with alleged groundwater contamination in Orange County asserted against approximately 40 property owners and manufacturers.
In 2013, Jeff obtained a TRO and preliminary injunction against the California Department of Toxic Substances Control, enjoining an order shutting down Exide Technologies’ lead recycling facility in Vernon, California. He was also co-lead trial counsel in a related administrative trial against the Department of Toxic Substances Control.
In 2011-2012, Jeff was lead trial counsel for Exxon Mobil Corporation in City of Merced v. Chevron U.S.A. Inc., et al., a 4½ month products liability jury trial in Merced Superior Court. He obtained dismissal or directed verdict of punitive damages and millions of dollars in claimed compensatory damages, followed by a favorable jury verdict.
In 2010, Jeff tried the case of Sullins v. Exxon Mobil Corporation in the Northern District of California, obtaining a jury verdict for the defense in July 2010 and a bench trial judgment for the defense on the remaining claims in January 2011.
In 2010, Jeff obtained summary judgment in D&H v. Exxon Mobil Corporation, which was affirmed in full on appeal in 2011.
Appellate Experience
Jeff's significant appellate victories include the landmark environmental decision Consumer Advocacy Group v. Exxon Mobil Corporation, 104 Cal. App. 4th 438 (2002), in which the California Court of Appeal held that "passive migration" or "continued presence" of chemicals in soil or water did not constitute a "discharge or release" under Prop 65. Other significant appeals include: Consumer Defense Group v. Shell Oil Company, et al., Cal. Ct. of Appeal, 4th App. Dist. Case No. G034935 (2006 (unpub.)) (same issue as Consumer Advocacy Group v. Exxon Mobil Corporation); Kashani v. Tsann Kuen China Enterprise Co., Ltd., 118 Cal.App.4th 531 (2004) (defined summary judgment burdens of proof on affirmative defenses of illegality and violation of public policy in matter involving contract for export of computer technology from Taiwan and China to Iran by US citizens); and Mylan Laboratories Inc. v. Soon-Shiong, 76 Cal. App. 4th 71 (1999) (established that a non-party can simply file a motion to assert a privilege in a pending action without intervening to become a party). He also obtained California Supreme Court review in D.J. Nelson v. Exxon Mobil Corporation, Cook Endeavors v. Superior Court, 179 Cal. App. 4th 633 (2009); reviewed granted (2010) (addressing the effect on punitive damages of a transfer of the claims on which such damages are sought; case settled before oral argument).
Representative Environmental Regulatory and Proposition 65 Experience
For over 30 years, Jeff has advised clients with respect to conducting environmental and health safety investigations and remediation, as well as associated community and governmental relations issues. Examples include:
- preparing responses to California Water Code § 13267 and § 13304 orders issued by the Regional Water Quality Control Board; and
- working with client personnel and outside consultants on complex and comprehensive investigation and remediation projects and related regulatory submissions, as well as interacting and negotiating with community groups, neighbors, Regional Water Quality Control Boards, the DTSC, local oversight program agencies, and State and County prosecutors.
Jeff's Prop 65 experience includes development of Prop 65 warnings programs, advice on product reformulation, response to pre-lawsuit notices, and defense of lawsuits filed by the California Attorney General, County District Attorneys, and private enforcers related to alleged groundwater contamination and alleged exposure to chemicals in consumer products (including food and beverages) and occupational settings. Examples of matters alleging groundwater contamination involve industrial properties, refineries, bulk storage facilities, and service stations. His consumer product cases have involved alleged exposure to numerous listed chemicals, including chromium in leather goods; diesel emissions from school buses; phthalates in cosmetic bags/cases, eyewear and accessories, and dozens of other consumer products; titanium dioxide in makeup; phenolphthalein and radionuclides in consumer water-testing products; benzene from using propane cooking appliances; toluene from manufacture of window coverings; numerous chemicals in hot mix asphalt, floor coverings, and new homes; and lead and cadmium in food and juice products, cookware, computer power and other cords, electronics, consumer products, and artificial turf.
