Daniel Pammer Named Senior Associate

O’Connell, Tivin, Griffin & Burns is pleased to announce the promotion of Daniel Pammer to Senior Associate at the firm. Preceding and throughout law school, Mr. Pammer clerked at OTGB. Upon graduating from Northern Illinois University College of Law in 2014, Mr. Pammer was elevated to an associate role for OTGB. Since then, he has worked hard and earned a reputation for superb organizational and leadership skills. Mr. Pammer demonstrated those skills with his recent work in the Clevenger case – an OTGB victory – where he played a vital role before and during trial. As Mr. Pammer steps into his new role at OTGB, we look forward to his continued success. Please join us in congratulating Daniel Pammer!

Defense Verdict for OTGB in Washington

SEATTLE, WASHINGTON, March 15, 2018 – O’Connell, Tivin, Griffin & Burns LLC, a national litigation firm, secured a defense verdict in Seattle, Washington on behalf of their client. The trial team was led by Daniel Griffin of OTGB’s Milwaukee office and received vital contributions from Daniel Pammer of OTGB’s Chicago office and Claire Weglarz of Hawkins Parnell Thackston & Young in Los Angeles. Trial paralegal, Susan Brooks, out of OTGB’s Milwaukee office, assisted the team throughout all aspects of the trial.

Plaintiff claimed James Clevenger’s mesothelioma was caused by his use of asbestos-containing products during his service as a boiler operator, technician, and machinist in the U.S. Navy from 1973 to 1978. Plaintiff alleged further exposure to asbestos-containing products used during his career as a pipefitter and maintenance worker in various sites throughout the northwest United States.

The Superior Court of Washington (King County) jury of twelve reached a verdict in favor of OTGB’s client – the lone remaining defendant – rejecting allegations of products liability, particularly on the issue of causation. The verdict is another in a long line of victories for OTGB as one of the nation’s leading litigation defense firms.

Plaintiff was represented by Jennifer Alesio and Meredith Good in association with the Brayton Purcell law firm. Testifying on behalf of the plaintiff was Arnold Brody, Ph.D., Richard Cohen, M.D., Steven Compton, Ph.D., Christopher Depasquale, CIH, Richard Sobonya, Allan Smith, M.D., Ph.D., James Mills (economist), and Joseph Ye, M.D. OTGB’s client called James Crapo, M.D., John Henshaw, CIH, Captain Margaret McCloskey (Navy librarian), David Godwin, M.D., and Alberto Marchevsky, M.D.

Judge Susan R. Parisien presided over the trial.

Defense Verdict for OTGB in Wisconsin

MADISON, WISCONSIN, July 21, 2017 – O’Connell, Tivin, Griffin & Burns LLC, a national litigation firm, secured a defense verdict in Wisconsin for a sealing product manufacturer, which was the only remaining defendant at trial.

 

Our client was represented by Daniel Griffin and Megan McCormick from OTGB’s Milwaukee office.  Plaintiffs claimed Ronald Carroll’s mesothelioma was caused by his work with asbestos-containing products during his service in the U.S. Navy as a boiler tender and during his work as a plant helper, auxiliary operator and boiler operator for Wisconsin Power and Light. 

 

The United States District Court – Western Division of Wisconsin jury reached a unanimous verdict in favor of our client in a matter of hours, rejecting allegations of negligence and strict liability. The Honorable William Conley presided over the trial.

 

Plaintiffs were represented by Sam Iola and Steve Schulte in association with the Simon Greenstone Panitier Bartlett law firm.  Testifying on behalf of the plaintiffs was Dr. Edwin Holstein.  Plaintiffs also called our client’s corporate representative to testify in their case-in-chief.  Trial paralegal, Susan Brooks, assisted the team throughout all aspects of the trial.

 

Tim McGuire Elevated to Member of the Firm

The members of O’Connell, Tivin, Griffin & Burns are proud to announce that Mr. Timothy McGuire was elevated to member of the firm recently.  Tim oversees the Edwardsville, Illinois office for OTGB.  He joined the firm in May of 2012. Prior to his time at OTGB, Tim worked on asbestos matters as well as commercial litigation, real estate law, labor law and estate planning.  Congrats Tim!

Sean Fergus Named Senior Associate

Mr. Sean Patrick Fergus was recently named Senior Associate by the members of O’Connell, Tivin, Griffin & Burns.  Sean was a graduate of DePaul for Law School.  He has been a long time associate with the firm, starting in 2002.  He handles asbestos cases and real estate matters in Illinois.  Prior to his time with OTGB, he worked at the Kane County State’s Attorney’s Office.  Congrats Sean!

NYCAL DEFENSE VERDICT for OTGB

This just in! Defense verdict for OTGB in NYCAL in the Charles Zammit case. NYCAL is listed as the number two Judicial Hell Hole in America.  Mr. Zammit alleged his lung cancer and asbestosis were wrongfully caused by asbestos.

Daniel Griffin of O’Connell, Tivin, Griffin & Burns, LLC tried the case along side Suzanne Halbardier of Barry, McTiernan & Moore LLC on behalf of John Crane Inc.  Plaintiff was represented the Wilentz, Goldman & Spitzer P.A.

Griffin

 

Summary Judgment Granted Against Wylder Law Firm in McLean County, Illinois

OTGB won summary judgment for our client in the Estate of Clarence Hardy matter filed in McLean County, Illinois. Plaintiff alleged his mesothelioma was caused by exposure to our client’s products while employed at the Puget Sound Naval Shipyard.  Plaintiff elicited testimony from a co-worker that identified our client on board several ships that were allegedly in the shipyard.  OTGB presented evidence that the co-worker was factually incorrect. The evidence included that the co-worker was in fact not at the shipyard at the same time as Plaintiff and that the ships identified were not at the shipyard during the time frame the co-worker testified to being there.

Plaintiff argued it was a question of fact for the jury to decide.  Judge Rebecca Foley disagreed and ruled with OTGB’s position that there was  lack of product identification and granted summary judgment.

Plaintiff was represented by the Wylder, Corwin, Kelly LLP law firm.

Maritime Law Applied, Summary Judgment Granted in Illinois Federal Court for OTGB

In the case John Bell v. ABB Group, Inc., Honorable Staci M. Yandle, District Judge, granted OTGB client’s Motion for Summary Judgment.  After considering and agreeing that Maritime law applied, the Court ruled that Plaintiff could not create a genuine issue of  material fact by mere speculation or the building of inference on inference.  Instead, inferences must be supported by facts in the record, not by speculation or conjecture. See below links Full Decision and Harris Martin for more information.  O’Connell, Tivin, Griffin & Burns, LLC attorneys Sean P. Fergus and Caroline Olson represented our client. Congrats!

Full Decision   Harris Martin Link

Carly Olson 2012         Sean

OTGB wins the first asbestos case tried before Federal Judge Staci Yandle in the Southern District of Illinois

After nearly two weeks of trial, the jury in the ANDREW KOCHERA case returned a defense verdict for O’Connell, Tivin, Griffin & Burns, LLC.’s client in Federal court.

Congratulations to Daniel Griffin, Sean Fergus and Simon Purnell of OTGB who successfully defended our client.  Mr. Kochera claimed to have developed asbestosis from his work with our client’s insulation, cement and packings while in the U.S. Navy and aboard the USS Franklin D. Roosevelt in the 1950s. His work included installation and removal of packing, mixing cement, applying insulation and sweeping up asbestos containing debris. Plaintiff asked the jury to award $5 million in compensatory damages and $10 million in punitive damages.  The jury of 8 deliberated for less than two hours and found our client not liable.

The case was tried before Honorable Staci M. Yandle in the United States District Court for the Southern District of Illinois located in Benton, Illinois.  Mr. Kochera’s case was originally filed in Madison County, Illinois but was removed to Federal court by a co-defendant.  Our client was the only defendant remaining in the case at the time of trial.

Plaintiffs called Dr. Rosner, Dr. Vuskovich and Jerome Spear, CIH as expert witnesses in their case.

Our client called Dr. Crapo, Dr. Madl and Captain McCloskey.

Plaintiff was represented by Ben Vinson, Jr. of the Vinson Law Firm in Tampa, Florida and Clay Zelbst of the Sloan, Bagley, Hatcher & Perry Firm in Longview, Texas.GriffinSean

Mark Tivin and Simon Purnell of O’Connell, Tivin, Griffin & Burns, LLC with local counsel, James Elliott of Richardson Plowden, obtained a defense verdict in the Dennis Seay, mesothelioma case.  The case was tried in the South Carolina 7th Judicial Circuit Court for Spartanburg County in South Carolina.  The case was tried before Honorable D. Garrison Hill.  The plaintiff claimed to have developed mesothelioma and died at the age of 70 from his work at Hoechst-Celanese which included exposure to our client’s gaskets for 10 years. This included using a power wire brush to remove gaskets from flange faces.

Plaintiff called Drs. Brody, Kradin and Holstein as expert witnesses.  OTGB called Drs. Toca, Crapo and Roggli.  After deliberating for several hours, the jury found our client not liable.  The jury did award $12,000,000 in compensatory damages to Plaintiff and found Hoechst-Celanese liable for the full amount. The jury also awarded $2,000,000 in punitive damages against Hoechst-Celanese.

Plaintiff was represented by Mr. Christopher Panatier from Simon Greenstone.

Hoechst-Celanese was represented by H. Lane Young II of Hawkins Parnell Thackston & Young LLP in Atlanta.