Maria Ermakova

Won summary judgment for a major chemical company in a closely watched toxic tort class action in federal court in Delaware. Plaintiffs alleged that long ago the company contributed to the contamination of groundwater by selling a product that contained per- and polyfluoroalkyl substances (“PFAS”) — specifically a fume suppressant used by chrome plating facilities to suppress harmful fumes and protect workers. Plaintiffs further alleged that the chrome plating companies had improperly discharged waste that included our client’s PFAS containing product. After securing early dismissal of most claims, we proceeded to summary judgment on the remaining claim of negligence. In granting summary judgment, the court relied on our uncontroverted proof that the product at issue contained no PFAS and that the client did not sell any other PFAS-containing products to plating facilities in the affected area.

Obtained a $1.74 million judgment (plus pre- and post-judgment interest) on behalf of the insurer of a crane operating company in a negligent services case against the crane manufacturer's wholly owned subsidiary, which acted as a services and training company. The case arose after a 600-ton mobile crane collapsed in on itself after the insured's employees adjusted an incorrect locking pin on the crane during its set-up. We claimed the pin was adjusted and the crane collapsed because the crane manufacturer's wholly owned subsidiary failed to provide the proper training and a product bulletin. After two years of litigation, the case culminated in a six-day trial finding the manufacturer's wholly owned subsidiary 100 percent negligent.  The case involved testimony from a number of employees from all parties, crane experts, human factors experts, and damage experts. The case was appealed by the defendant to the United States Court of Appeals, which certified the case to the Florida Supreme Court.