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REPRESENTATIVE EXPERIENCE

Thomas E. Birsic

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Represents a major chemical company in connection with the defense of civil liability and damage claims arising from a series of well-publicized chemical fires at a Texas facility in the wake of Hurricane Harvey in September 2017, including the defense in federal court of a putative class action involving upwards of 30,000 individuals who allege a variety of personal and property injuries and another federal court case of combined individual actions involving 200+ plaintiffs, who were allegedly injured and/or suffered property damage during the fires.
Represents a major aerospace supplier in the defense of three separate ICC arbitrations filed by an aircraft original equipment manufacturer in London, Geneva and Paris alleging material defects in certain products.
Represents a major aluminum company in two separate federal court putative class actions challenging changes to retiree medical and insurance benefits.
Represents a major railroad services company in the defense of a federal court MDL putative class action proceeding involving the consolidation of over 24 class actions alleging anti-trust and anti-competitive claims to unlawfully restrain competition in the applicable labor markets.
Represents a major aluminum company in the defense of claims in federal court by twenty-seven landowners in Louisiana alleging injuries and damages suffered from purported contamination from an industrial plant.
Represent (second chair) major real-estate developer in closely held business dispute, successfully defending claims for breach of contract and breach of fiduciary duty and successfully asserting claims for breach of fiduciary duty, relating to disputes over 10 limited-liability real-estate entities. Case resolved during trial following cross-examination of opposing party’s first witness.
Represents a major aluminum company in the defense of claims asserted in federal court arising out of alleged third-party contractual rights for the transport of bauxite from a mine in the Republic of Guinea.

Select Recent Trial Experience

Represented a major energy services company in a London-based arbitration against an insurer that refused to indemnify the company for its portion of a $1 billion settlement entered into to resolve lawsuits arising out of an explosion and fire that occurred onboard the Deepwater Horizon drilling rig in 2010.
Represented a major aluminum company in a jury trial in state court in a bodily-injury chemical exposure case. Plaintiff, a former mine worker, alleged that he contracted a rare form of cancer as a result of his exposure to toxic substances deposited by the company from its nearby smelter in the 1960s and 1970s. The case was originally filed as a class action involving dozens of former miners alleging a wide variety of illnesses as a result of exposure to substances buried at the mine site. This case was the lead case selected by counsel for plaintiffs for trial.
Represented a major oil producing company in an international arbitration based in London against excess insurers who refused to indemnify the company for a settlement of a class action in excess of $500 million arising out of a crude oil spill at a refinery caused by Hurricane Katrina.
Represented a major electrical equipment supplier in a jury trial in Fulton County (Atlanta) Georgia state court involving claims of breach of contract and fraud brought by a former CEO of a joint-venture company under a multi-year earn out contract.
Represented a major aluminum company in a jury trial in federal court defending claims of strict liability and negligence by a plaintiff alleging that pulmonary injuries necessitating a double-lung transplant resulted from inhalation of aluminum particles from fabricating metal in the workplace.
Represented a major off-shore oil producer in a jury trial in Harris County (Houston) Texas against a number of excess insurers seeking coverage for work removal and decommissioning expenses incurred in connection with five offshore platforms and related pipelines that were destroyed during Hurricane Katrina.
Represented a major aluminum company in an ICC arbitration concerning an explosion and fire that took place at an aluminum smelter facility in Iceland in 2010 resulting in claims against a French company for providing latently-defective electrical equipment that caused the explosion and fire.
Represented the world's largest internet auctioneer in a jury trial in federal court prosecuting patent claims against a Florida company related to methods for conducting auctions of financial or legal instruments over electronic networks.
Represented a major aluminum company in an ICC arbitration brought by a Dutch mining company over claims related to the development of a bauxite mine in Suriname.
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