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REPRESENTATIVE EXPERIENCE

Thomas E. Birsic

Select Current Engagements

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.
Represents a major real estate developer in a closely-held business dispute in state court involving alleged breach of fiduciary duty claims associated with ten limited liability real estate entities.
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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