WASHINGTON, D.C., February 19, 2013 -- In responding to a question posed by Law360 editors recently, Baker Botts L.L.P. Environmental Partner Joshua Frank talked about one of his most challenging cases that involved an allegedly defective product stored by retailers in underground tanks. The alleged defect, Frank recalled, “caused gunk (a highly technical term) to be introduced into the tanks.”
And even though the client spent millions of dollars cleaning the retailers storage tanks and providing replacement product, the company was sued by a purported class of retailers claiming the allegedly defective product destroyed their tanks.
“The case posed enormous legal and technical challenges,” Frank said. “The key merits issue was whether the gunk actually could (general causation) or did (specific causation) cause any harm to the tanks.”
Once the court certified the class, “what followed was an all-out effort both to disprove the plaintiffs’ theories of damage and also to obtain changes to the certification decision sufficient to turn the tide in our favor,” Frank said.
To learn how the case turned out and to read the entire Law360 Q&A with Frank please click here.
About Baker Botts L.L.P.
Baker Botts is an international law firm with over 725 lawyers and a network of 14 offices around the globe. Based on our experience and knowledge of our clients’ industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Throughout our 172-year history, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit www.bakerbotts.com.