Claim against Dow dismissed; Union Carbide not liable in wrongful death trial
HOUSTON – Trial lawyers with Jordan, Lynch & Cancienne PLLC scored big defense wins recently for two separate clients, securing a quick summary judgment for The Dow Chemical Company in Texas and prevailing in a jury trial for Union Carbide Corporation in New Orleans.
“We are very pleased for our clients in these two quite different cases,” said firm co-founder Kevin Jordan. “These results are a great illustration of what our nimble team of lawyers can do. We can get suits quickly dismissed and win in the courtroom when the client is faced with a lengthy trial.”
In the Texas case, MMR Constructors Inc. tried to claim an additional $17 million from Dow after it had already paid MMR for work on its plant in Freeport, Texas. MMR claimed Dow interfered with its work, causing inefficiencies. Dow contended that MMR had failed to notify it of the claims during the project and released rights to any additional compensation during contract modifications.
“We immediately filed a motion for summary judgment since the case depended upon the interpretation of contractual provisions and were able to successfully conclude it within 60 days of answering,” said firm co-founder Michael Cancienne, who represented Dow along with Mr. Jordan and firm attorney Caroline Carter.
The case is MMR Constructors Inc. v. Dow Chemical Company, Cause No. 97962-CV in the 412th District Court in Brazoria County, Texas.
In the New Orleans case, jurors heard three weeks of testimony related to the death of an oil field worker who died of mesothelioma. The family of the worker sought $11.4 million in damages against Union Carbide and its exclusive distributor Montello Inc., alleging he had been exposed to asbestos drilling mud additives from 1978-86. The jury found Union Carbide and Montello were not responsible, specifying that exposure to their products was not a substantial contributing factor in his mesothelioma. The jury also found the companies were not negligent.
“The jury made the right decision, and we’re grateful for their diligence,” said firm co-founder Walter Lynch. Also representing Union Carbide were Mr. Jordan and of counsel Amir Halevy and McGready Richeson of Pugh Accardo. Montello was represented by Michael Terry of Hartline Dacus Barger Dreyer.
The case is Jerry R. Bagwell v. Union Carbide Corp., et al., Cause No. 2015-10146 in the Civil District Court for the Parish of Orleans, Louisiana.
About the firm
Jordan, Lynch & Cancienne PLLC is a Houston-based civil trial law firm whose lawyers have a proven courtroom track record in high-stakes litigation nationwide. They represent clients as both plaintiffs and defendants in commercial disputes, construction matters, products liability, toxic torts, trade secret, and catastrophic personal injury claims. Flexibility in fee structuring is a hallmark of the way the firm does business. To learn more, visit the website at https://www.jlcfirm.com/.