Litigation

Modesto Perchloroethylene Verdict: Sometimes You Win, Sometimes You Lose, Sometimes You Win And You Lose

By Bruce Nye

    And I guess sometimes it's all a matter of perspective.  There's been a five month mega-trial in SF Superior  in a groundwater pollution case filed by the City of Modesto (in California's central valley) against Dow Chemical, PPG Industries and others.  The jury apparently deliberated for a month.  And with yesterday's verdict, either the City of Modesto won or Dow and PPG won:

    Per the Modesto Bee:  San Francisco jury awards Modesto $18.3 million in lawsuit.

    On the other hand, there's Law.com:  Chemical Companies Cleared in Calif. Groundwater Pollution Case.

    Apparently, the $18.3 million is less than the settlements Modesto has already collected, and Dow and Modesto dispute whether those settlements will offset the verdict.  Per Law.com, Dow was celebrating:  "Dow spokesman Jarod Davis wrote in an e-mail that the company was "pleased" by the verdict and that Modesto had failed to prove most of its claims."  So was Modesto's attorney:  "There's no question, overall, that the plaintiffs have been successful in this case."

    Meanwhile,  the same Dow that was partying over at Law.com was preparing its appeal over at the Bee:  "Michigan-based Dow Chemical said it intends to appeal the award, which it must split with PPG Industries of Pittsburgh."  And back at Law.com, Modesto's lawyer said they were going to the Court of Appeal as well.

Full post as published by CalBizLit on May 20, 2009 (boomark / email).