Dennis C. Reich

Environmental & Toxic Tort Claims

First U.S. Railroad Diesel Exhaust Cancer Case (Webb County, Texas)

Cause No. 95-CVQ01439-D3  •  Navarro v. Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company  •  341st District Court of Webb County, Texas

• Client was employed by the Union Pacific Railroad and was exposed to diesel exhaust fumes, causing her to develop multiple myeloma
• First diesel exhaust cancer case tried to verdict against a railroad company in the U.S.
• Result: $2 million jury verdict after a two-week trial

FEMA Trailer Katrina Formaldehyde Litigation

MDL 1873  •  In re: FEMA Trailer Formaldehyde Products Liability Litigation  •  U.S. District Court, Eastern District of Louisiana

• Served on PSC and as lead and co-lead counsel in two trials: Lyndon T. Wright v. Forest River, Inc., et al., Docket No. 09-2977 and Castanel, et. al. v. Recreation by Design, LLC, et. al., Docket No. 09-3251
• Represented residents of New Orleans, Louisiana, who were displaced from their homes by Hurricane Katrina and issued FEMA trailers
• Occupants sustained a range of respiratory injuries and were at risk for developing nasopharyngeal cancer from exposure to the carcinogen formaldehyde
• Result: $42.6 million settlement for entire MDL 1873

Hayes-Sammons Environmental Lawsuit/Hidalgo County Pesticide Contamination Case

Alicia Acevedo v Union Pacific Railroad Company  •  Cause No. C-4885-99-F  •  332nd Judicial District of Hidalgo County, Texas

• Lead counsel representing over two thousand individuals
• Exposed to pesticides, including DDT, that were mixed at a facility in close proximity to the residents
• Over the years, the residents developed neurological and cancer-related injuries
• Result: Undisclosed multimillion-dollar settlement, between $4M-$8M for eligible claimants.

Bryan-College Station, Texas Arsenic Emissions Class Action (Atochem/Elf Aquitaine)

Hayden v. Atochem North America, Inc., Elf Aquitaine, Ind., Elf Atochem North America, Inc.  •  C.A. No. H-92-1054  •  U.S. District Court, Southern District of Texas, Houston Division

• Lead counsel for certified medical monitoring and property damages class action involving ten thousand residents in Bryan and College Station, Texas
• Residents were exposed to arsenic emissions from the cooling towers of a pesticide manufacturing plant
• One of the first medical monitoring protocols was included as an integral component of a complex toxic tort settlement
• Result: Undisclosed multimillion-dollar settlement

Corpus Christi Ship Channel Oil Refinery Contamination Class Action

Simms, Jr., et al. v. Amerada Hess Corporation, et al  •  Cause No. 93-5767-B  •  117th Judicial District Court of Nueces County, Texas

• Co-lead counsel in a property damage case certified as a class action against 12 oil refining companies
• Pollutants benzene and hexavalent chromium escaped into soil and groundwater for approximately 5,000 properties along the Corpus Christi ship channel
• A subset of personal injury hematological cancer cases were also brought in a companion case and settled
• In addition to a massive, undisclosed recovery, the settlement was highly celebrated in toxic tort law for incorporating a long-term medical monitoring protocol. Paid for entirely by the defendants, this was one of the first instances in Texas history where an extensive medical surveillance fund was built directly into a complex toxic tort class settlement.
• Result: Undisclosed multimillion-dollar settlement

Colonial Pipeline Multistate Federal Compliance Class Action

Rodney Wesley, et al., v. Colonial Pipeline Company  •  Civil Action No. CV-97-P-0595-W  •  United States District Court for the Northern District of Alabama

• Co-lead counsel in multistate class action settlement
• Settlement required the petroleum pipeline to accelerate and upgrade its compliance with federal regulations and enhanced maintenance practices
• Result: Monetary and injunctive relief settlement

Ciba-Geigy Superfund Site/DDT Contamination Case (Alabama)

Fisher v. Ciba Specialty Chemicals Corp., 238 F.R.D. 273 (S.D.Ala.2006)  •  United States District Court, Southern District of Alabama

• Lead counsel for a community living near a superfund site
• Residents were exposed to DDT emissions from a pesticide manufacturing facility
• Result: Undisclosed multimillion-dollar settlement

MTBE Water Contamination Lawsuit

In re: MTBE Product Liability Litigation, MDL 1358  •  U.S. District Court, Southern District of New York

• Co-counsel and member of the Plaintiffs’ Executive Committee from January 2001 to September 2002
• Many of Judge Scheindlin’s seminal opinions regarding standing and concurrent liability, including market share liability, were written during this MDL
• Involvement focused on the behavior and transport of MTBE in groundwater plumes
• Result: Cumulative recoveries from various settlements & verdicts over $1.2 billion

Southeast Texas Pipeline Flood and River of Fire Disaster (Jefferson County, 1994)

Jack W. Ainsworth, et al. vs. Colonial Pipeline Company, Texaco, Inc., Texaco Pipeline, Inc., Texaco Chemical Pipeline Company and Lynchburg Shipyard  •  No. D-151227  •  136th Judicial District Court of Jefferson County, Texas

• Lead counsel for the bellwether plaintiffs
• A large storm caused four pipelines owned by Texaco, Inc., Valero Energy Corp, and Colonial Pipeline to rupture, releasing gasoline, fuel oil, crude oil, and natural gas, causing the largest gasoline spill in U.S. history
• The floodwater caught fire, creating a river of fire; large quantities of gasoline, fuel oil, crude, and natural gas were released that enveloped riverbank communities, affecting 14,000 persons
• Result: Undisclosed multimillion-dollar settlement

New Jersey Natural Resource Damage Litigation (PSE&G, Mallinckrodt, Occidental)

Three actions in Superior Court of New Jersey, Law Division:  NJDEP v. PSE&G (CAM-L-3337-07)  •  NJDEP v. Mallinckrodt Baker (NRN-L-295-07)  •  NJDEP v. Occidental/Polyone (BUR-L 1744-07)

• Designated as Special Counsel by the State of New Jersey
• Three actions involving ecological damage to water resources in the State of New Jersey
• Raised damage claims brought by the State of New Jersey for damages to natural resources owned by the State
• Result: Injunctive relief requiring remediation and confidential multimillion-dollar settlement

Swanson Creek / Patuxent River Oil Spill (Maryland)

In Re Swanson Creek Oil Spill Litigation  •  Master Case No. PJM-2000-1429  •  U.S. District Court, District of Maryland, Southern Division

• Co-counsel in an early OPA case
• Rupture of a pipeline released over 100,000 gallons of fuel oil that entered the Patuxent River
• Result: $2 million settlement for impacted individuals and liability recovery exceeding $7 million

Imperial Foods Fire: Hamlet, North Carolina (1991)

David Mack Albright v. Aeroquip Corp., et al.  •  Cause No. B-146,864  •  60th Judicial District Court of Jefferson County, Texas

• Co-counsel on a consolidated action involving more than 100 plaintiffs and multiple defendants
• September 1991 fire at the Imperial Foods Plant in Hamlet, North Carolina, killed 25 people and injured more than 80
• Remains the worst industrial accident ever recorded in North Carolina
• Following the disaster, Imperial Foods declared bankruptcy, facing record state fines. Most law firms would have seen no path to recovery. The attorneys on this case successfully pivoted, building an aggressive third-party product liability strategy that targeted the multi-billion dollar industrial equipment manufacturers’ supply chain rather than the bankrupt plant owner.
• Result: Undisclosed multimillion-dollar settlement

Bishop, Texas Celanese Chemical Plant Birth Defects Case

Profirio Lopez, et al vs. Hoechst-Celanese Chemical Group, et al  •  Cause No. 96-41205-A  •  28″ Judicial District, Nueces County, Texas

Lead counsel representing a child born with multiple birth defects, including spina bifida, paralysis, blindness, profound mental disability, and seizures

Birth defects caused by her parents’ exposure to organic solvents while the father worked at a Celanese plant in Bishop, Texas

Result: Multimillion-dollar settlement

Washington, D.C. Chevron Gas Plume (Longest Retail Station Plume in the U.S.)

Olachukwu Nnadili, et al. v. Chevron U.S.A., Inc.  •  Civil Action No. 02-1620 (ESH)  •  U.S. District Court for the District of Columbia

• Co-counsel in the longest BTEX and MTBE plume in the nation, impacting a residential neighborhood
• Release of gasoline from a leaking Chevron station underground storage tank
• Several hundred consumers, businesses, and property owners sued for property damage and anxieties associated with living above a contaminated area
• Result: Undisclosed multimillion-dollar settlement

Houston Petrochemical Superfund Site Contamination (Atlantic Richfield/ARCO)

Elzina Avalos, et al. vs. Atlantic Richfield Company, et al.  •  Civil Action No. H-89-3487  •  U.S. District Court for the Southern District of Texas, Houston Division

• Co-counsel involving two Superfund sites emitting hazardous chemicals
• Hazardous chemicals emitted as a result of dumping activities by major petrochemical companies between 1961 and 1972
• Causes of action: negligence, gross negligence, nuisance, trespass, and CERCLA
• The case is widely cited in federal procedure and environmental law for its extended timeline and appellate fights. This litigation was so fiercely defended that parallel tracks and appeals regarding class boundaries and liability definitions were filed with the Fifth Circuit Court of Appeals.
• Result: Undisclosed multimillion-dollar settlement

Motorola 52nd Street Superfund Site, Phoenix, Arizona (Children’s Non-Hodgkin’s Lymphoma)

Maurice L. McIntire, et al. v. Motorola, Inc.  •  Civ 91-2067 PHX WPC  •  United States District Court for the District of Arizona

• Co-counsel involving approximately 1,000 individuals
• Motorola’s facilities are designated as a state or federal Superfund site resulting from the disposal of organic solvents into the groundwater
• A group of children developed non-Hodgkin’s lymphoma from exposure to the contaminated water
• Result: Undisclosed multimillion-dollar settlement

Amoco/BP Underground Storage Tank Nationwide Class Action – UST Class Action Lawsuit

James Peters, et al. v. Amoco Oil Company, et al.  •  CV-96D-940-N  •  United States District Court for the Middle District of Alabama, Northern Division

• Co-lead counsel in a nationwide Class Action for compensatory and punitive damages
• On behalf of property owners whose properties were damaged as a result of petroleum products leaking from Defendants’ underground storage tank (UST) systems at service station sites located in the United States
• The lawsuit is now frequently cited in environmental and procedural law for a landmark June 1999 memorandum opinion. The court denied Amoco’s motion to dismiss, establishing pivotal precedent regarding federal pleading standards for fraud, trespass, and ongoing petroleum contamination.
• Result: Many cases settled

Torrance, California Montrose Chemical Solvent Contamination Case

Babich v. Montrose Chemical Corp.  •  CV 95-1786 KN, CV 96-4588 KN (Consolidated)  •  United States District Court, Central District of California

• Co-lead counsel in consolidated case. The lawsuits targeted Montrose Chemical Corporation, historically the world’s largest manufacturer of the technical-grade pesticide DDT.
• Contamination of property and exposure of residents to organic solvents and halogenated compounds from a series of generators in the neighborhood in Torrance, California
• Result: Undisclosed multimillion-dollar settlement

Texas Highway 288 Construction Flooding / Inverse Condemnation Class Action

Adams et al, v. Texas Dept. of Transportation, et al  •  239th Judicial District Court of Brazoria County, Texas

• Lead counsel in inverse condemnation case with approximately 50 defendants (mostly upstream developers and governmental entities)
• Flooding of hundreds of residential and commercial properties during the construction of Texas State Highway 288 as a result of not providing proper detention facilities during the construction of the highway
• Court certified property damage classes and denied summary judgment motions
• Result: Undisclosed multimillion-dollar settlement

Montgomery County, Texas Mischer Subdivision Flooding Class Action

Russel G. Thompson, et al. vs. Walter M. Mischer Col, et al  •  Cause No. 39988  •  284th Judicial District Court of Montgomery County, Texas

• Lead counsel for owners of 500 residential homes in several subdivisions
• Weather-related flooding that was exacerbated by faulty engineering and subdivision design
• Court granted class certification
• Result: Undisclosed multimillion-dollar settlement

First Harris County, Texas Toxic Waste Trial (Exxon)

Civil Action No. H-84-2524  •  Gloria Chaplin, et al vs. Exxon Company, et al  •  United States District Court for the Southern District of Texas, Houston Division

• Lead counsel representing several hundred individuals
• Property damage and personal injury as a result of living near a toxic waste site
• Probably the first toxic waste disposal case actually tried in Harris County, Texas
• Result: $1M jury verdict & undisclosed multimillion-dollar settlement

Oklahoma City Federal Post Office Chemical Exposure Case

Civil Action No. CIV-87-561-R  •  Sandra K. Beall, et al vs. Senoret Chemical Company, Inc.  •  United States District Court for the Western District of Oklahoma

• Lead counsel for 200 postal workers
• Workers were exposed to ortho- and paradichlorobenzene, which were ingredients in a deodorizer that was used as a cleaning solution by janitors at the downtown post office in Oklahoma City
• Result: Tried to a successful verdict and settled

El Florido, Mexico Lead Smelter Contamination (RSR Corporation)

Civil Action Cause No. C95-1004-D1  •  Alfredo Flores, et al vs. RSR Corporation, et al  •  49th Judicial District of Webb County, Texas

• Co-lead counsel for 1,200 children and adults who resided in El Florido, Mexico
• Plaintiffs lived near a smelter owned by a company that received unmanifested shipments of lead slag, dross, and waste materials from the United States
• Result: Undisclosed multimillion-dollar settlement

Freeport, Texas Dow Chemical Hazardous Substance Release

Civil Action No. 17573*JG01  •  Madonna Evans, et al v. The Dow Chemical Company and McBride, Ratcliff & Associates, Inc.  •  239th Judicial District, Brazoria County, Texas

• Lead counsel for compensatory and punitive damages on behalf of property owners
• Properties damaged as a result of releases or spills of hazardous substances from Dow’s operations in Freeport, Texas
• Also pursued damages for negligently conducted investigations of said releases

Three Lakes, Harris County Exxon Benzene Well Contamination

Cause No. 1993-04644  •  Mike Adalis, et al vs. Neighborhood Development Corporation, et al  •  269th Judicial District Court, Harris County, Texas

• Lead counsel in suit against Exxon for personal injuries and property damages
• Plaintiffs in Three Lakes in Northwest Harris County were exposed to dangerously high levels of benzene and other chemicals from the Municipal Utility District (MUD) No. 1 water well
• Exxon’s negligent failure to properly case an oil and gas well caused the contamination
• Result: Jury verdict over $7 million for 6 plaintiffs, undisclosed multimillion-dollar settlement for 450+ plaintiffs

CITGO Corpus Christi Refinery Hydrofluoric Acid Explosion

Cause No. 99-1485-E  •  Agustina Reyna Gonzalez, et al. vs. CITGO Petroleum Corp, et al.  •  148th Judicial District Court of Nueces County, Texas

• Lead counsel in two consolidated actions
• Thousands of residents near the refinery were negligently exposed to hydrofluoric acid released from the plant’s Alkylation unit during a refinery explosion
• Result: Undisclosed multimillion-dollar settlement

Washington, D.C. Chevron Underground Gasoline Plume — Mass Action

Civil Action No. 1:02CV01620  •  Olachukwu Nnadili in Her Own Right and On Behalf of Her Minor Children, et al vs. Chevron USA, Inc., et al  •  U.S. District Court For the District of Columbia  •  before the Hon. Ellen Segal Huvelle

• Reich & Binstock are co-lead counsel in this mass action seeking injunctive relief, medical monitoring, compensatory and punitive damages for wrongful death, personal injuries, property damage, and other claims for losses suffered by Plaintiffs
• One of the largest underground plumes of petroleum product contamination from a retail gasoline station in the United States
• Result: $6.2 million settlement for owners and residents of 200 properties