Eric’s significant litigation outcomes include:
- Defense verdict in a 6-week federal jury trial: A Massachusetts jury returned a verdict of no liability for a major global manufacturer in a $12 million cost recovery case involving cleanup of PCBs in a historically industrial area of Boston. Eric served as the second chair and handled plaintiff and defense expert causation witnesses.
- Landmark preliminary injunction in smoking nuisance action: Eric persuaded a Washington, D.C. court to enter one of the first preliminary injunctions in the country to enjoin cigarette smoking in a residential rowhouse on the basis of structural defects that caused heavy smoke to flow regularly into the interior of a neighboring property.
- Indemnification in groundwater contamination lawsuit: Cross-claims resulted in a complete indemnification for judgment and defense from a fuel company of the owner of a gasoline service station in a $1 billion claim for damages from groundwater contamination following a fuel spill in Maryland.
- Dismissal of putative commercial class action: A Delaware court refused to certify a class and dismissed an action against Eric’s client where a plaintiff attempted to bring a cause of action against a title company based solely on professional rules governing the practice of law in Delaware.
- Dismissal of asbestos-related tort and statutory claims: A federal court dismissed asbestos-related common law and statutory claims against the owner of a residential apartment complex and enjoined the plaintiff from further action against Eric’s client.