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| SAMPLE OF CURRENT ENVIRONMENTAL AND TOXIC TORT
CASES |
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| Abernathy, et. al. v. Monsanto,
et. al. Calhoun Circuit Court, Anniston, Alabama.
Charles Cunningham and Charles Fell along with attorneys
from Alabama, New York, Mississippi and Texas represent
over 3500 plaintiffs who live near a Monsanto Chemical
plant, which manufactured PCBs, in Anniston, Alabama These
claims range from property damage due to PCB contamination
to personal injury claims for persons with high body burdens
of PCB. The case was settled for $350 Million. |
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| Amburn, et. al. v. SPS Payment
Systems, Inc. et. al., U.S. District Court (TN),
No. 2:00 CV 229. Attorneys listed above along with Tennessee
attorneys represent several dozen workers exposed to indoor
air contamination (sick building) in the form of CO2,
mold and mildew. |
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| Greenman et. ux v. Mid South Exterminating
Services, Inc. d/b/a Sears Authorized Termite
and Pest Control, Jefferson Circuit Court, Louisville,
Kentucky; No. 99 CI 06371. Attorneys listed above represent
a couple who were exposed to Delta Dust when an exterminator
improperly placed the pesticide in the heating ducts. |
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| SAMPLE VERDICTS AND SETTLEMENTS |
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| Verdict: Abernathy, et. al. v.
Monsanto, et. al. Calhoun Circuit Court, Anniston,
Alabama. Charles Cunningham and Charles Fell were two
of a handful of lawyers on the trial team which obtained
verdicts in excess of $100 million when the case was settled. |
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| Verdict: Kummer v. Triple M Land
Farms Inc., Simpson Circuit Court, Franklin,
Kentucky; January 14, 2000; $63,000.00. Charlie Cunningham
and Charlie Fell along with the firm of English, Lucas,
Priest & Owsley represented several farmers in a temporary
nuisance action against a company which composted sewage
sludge from the City of Nashville. |
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| Verdict: Houchens v. Rockwell International,
Logan Circuit Court, Russellville, Kentucky; May 31, 1996;
$217,712,180.00. Charlie Cunningham and Charlie Fell represented
several dozen landowners on the Mud River which was contaminated
with PCBs as a result of Rockwell International's operation
of a die casting plant. |
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| Settlement: Mars Hill Missionary
Baptist Church v. Monsanto, Calhoun Circuit Court,
Anniston, Alabama. Charlie Cunningham and Charlie Fell
along with attorneys from Alabama, New York, Mississippi,
and Texas represented a church which was forced to relocate
because of PCB contamination from the adjacent Monsanto
Chemical Plant. |
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| Settlement: Shook, et. al. V. Rockwell
International, Logan Circuit Court, Russellville,
Kentucky. Charlie Cunningham and Charlie Fell represented
a car dealership which was contaminated with PCBs by Rockwell
International. Settlement Confidential. |
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| Settlement: Ambergy, et. al. v.
Cooper Industries, U.S. District Court, Eastern
District of Kentucky, London Division; Amount: Confidential
(see "Dayhoit" newspaper articles for details).
Charlie Fell and Charlie Cunningham represented over 500
residents in Harlan County, Kentucky who were exposed
to several toxic chemicals including Trichloroethylene,
Vinyl Chloride, PCBs, and dioxin from a facility which
refurbished electrical equipment. |
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