Lyondell Chemical v. Albermarle Corp.
Paul Heyburn, Toxic Tort
Paul Heyburn represented several multi-national corporations in a five week trial involving CERCLA cost recovery for a $30,000,000.00+ Superfund site. Mr. Heyburn obtained a finding of no liability for his clients.
More Info: Lyondell Chemical Co., et al, Plaintiffs, v. Albemarle Corp., et al, Defendants, (USDC E.D.Tex.)
Janie Wolf, et al vs. The Dow Chemical Co.
Art Almquist, Sandra Clark, Paul Heyburn, Premises Liability
MehaffyWeber represented Dow Chemical Co. and obtained a defense verdict on February 1, 2008. In 1999, Alton Wolf died of lung cancer, at the age of 65. Wolf’s widow and adult children sued Dow for gross negligence, alleging that Mr. Wolf’s cancer was caused by exposure to asbestos in the workplace and that the workplace was unsafe. Alton Wolf held various jobs, such as a pipefitter and operator from 1952 to 1987 as an employee of The Dow Chemical Co. in Freeport. Dow Chemical contended that it operated its facility in a safe manner, that Mr. Wolf’s asbestos exposure was minimal and his cancer was caused by his smoking history of at least 40 pack-years.
More Info: Janie Wolf, et al vs. The Dow Chemical Co.; Cause Number 16383*BH01, District Court of Texas, 23rd Judicial District, Brazoria County
Carol J. Wortham Individually and as Independent Administratrix of the Estate of Hugh Wortham, Deceased v. A.C. & S., Inc., et al
Paul Heyburn, Arthur Almquist, Premises Liability
MehaffyWeber obtained a summary judgment on successor liability claims made by personal injury claimant against a Fortune 100 client.. The judgment was sustained on appeal.
More Info: – Wortham v. Dow Chemical Co., 179 S.W.3rd 189 (Tex.App.-Houston [14th Dist.] 2005, no pet.).
Dewayne Rogers Logging, Inc. v. Deere & Company
Paul Heyburn, Products Liability; Subrogation
MehaffyWeber successfully represented a Fortune 100 company in a product liability lawsuit regarding heavy equipment used in the logging industry. The plaintiff was the insurance company of a logging company that purchased an excavator with a logging attachment. Several years later, the machine caught fire and was totally destroyed. The plaintiff argued that a defect in the machine resulted in the fire; however, Mr. Heyburn obtained a dismissal based on no evidence of manufacturing or design defect as well as the economic loss rule. He successfully defended the appeal through the Texas Supreme Court.
More Info: Dewayne Rogers Logging, Inc. v. Deere & Company, 299 S.W.3d 374, 391 (Tex. App.-Tyler 2009, pet. denied, October 21, 2011 ) (the Texas Supreme Court denied plaintiff’s petition for review after requesting full briefs on the merits).
King v. Bigler LP
Paul Heyburn, Personal Injury
Paul Heyburn obtained a finding of no liability for a Fortune 1000 client for a plaintiff seeking recovery for personal injury sustained as a result of a collision between a train and a tractor-trailer.
More Info: King v. Bigler LP, 2011 WL 1542737 (S.D.Tex. 2011)
U.S.A. v. Atlantic Richfield Co.
Paul Heyburn, Toxic Tort, Environmental Law
Paul Heyburn successfully defended multiple clients in CERCLA cost recovery suit related to a $120,000,000.00 Superfund site.
More Info: U.S.A. v. Atlantic Richfield Co., No. 98 CV 0408; In the United States District Court (S.D. Texas 2002)