- Asbestos Personal Injury Claims
The most dominant form of environmental litigation in our geographic area has been the asbestos personal injury claims pending in the City of Baltimore and Washington, D.C. For many years, our attorneys have represented a family-owned insulation contractor on more than 1,500 claims filed against it for exposure to asbestos-containing products. We have been successful in obtaining dismissal of more than 1,100 of these claims. We have also been vigilant in protecting the limited pool of insurance indemnity dollars available to protect our clients.
In 1994, Gavett and Datt, P.C. was retained to represent the manufacturer of refractory products on more than 11,000 personal injury claims asserted against it in Baltimore City Circuit Court. Through investigation and review of our client's background documentation, we have been able to establish that the client sold virtually no asbestos-containing products in the State of Maryland. The firm has also been assigned to take over the defense of another asbestos defendant with nearly 10,000 potential claims pending against it in the State of Maryland.
- Claims for Property Damage
Our environmental litigation experience also includes claims for property damage caused by underground seepage of petroleum products. Our cases include the representation of an excavating contractor sued in the Superior Court for the District of Columbia for failure to remove an underground fuel oil storage tank prior to the commencement of a sheeting and shoring operation. Developers of neighboring commercial properties contended that petroleum contaminated their property when a soldier beam installed during the sheeting and shoring operation punctured the underground tank. Our firm successfully argued to a District of Columbia jury that the failure to remove the tank was caused by the failure of a construction manager to properly sequence its work. We also convinced the trial judge to rule that the plaintiffs' theory on migration of petroleum products onto their property was unsupported by the evidence as a matter of law.
On another matter, we successfully represented a contractor client charged with puncturing an aviation fuel line, causing significant property damage. Gavett and Datt, P.C. obtained a dismissal of that claim when we established that the fuel line had not been properly reflected on site drawings.
- Lead Paint
Successful defense of clients on claims for lead paint poisoning arising from exposures in both residential and industrial settings. With thorough investigation of medical and social histories, we have been able to establish that lead paint poisoning in certain plaintiffs pre-existed tenancy in residential premises. In an industrial setting, we have been able to show that our clients did not have responsibility for the lead paint abatement and warning programs on given projects.
- Environmental Clean-Up
Representation of clients involving issues arising under RCRA and CERCLA for claims by federal and state agencies for cleanup costs in connection with the operation of a sanitary landfill.
- Environmental Surveys
Advising clients on Phase I and II Environmental Surveys in connection with the sale and acquisition of properties. With current EPA regulations, our clients have experienced increasing demands to transfer properties with completed Phase I surveys and, when appropriate, Phase II surveys together with remediation. Under current "Brownfields" regulations, we have been able to obtain "no further requirements" determinations from state officials which allowed our clients to transfer commercial properties exhibiting minimal contamination without further remediation.
- Mold
Representation of clients on liabilities arising from alleged infestation of mold in both residential and commercial settings.
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