Verdicts and Settlements

Asbestos

• Cimino vs. Raymark Industries, et al - This landmark asbestos consolidation of 2,298 cases resulted in a large settlement awarded by order of the court after 18 trial case verdicts and 160 mini-trials on damages.
• Verdict in a case against Pittsburgh Corning and PPG Industries on behalf of seven families with varying degrees of asbestos-related diseases.

Business & Financial Litigation

• A Harris County State District Court jury awarded a $65 million verdict against First National Bank of Edinburg and the Merensky Reef Hospital Corporation in favor of six investors that were defrauded by the financial institution and healthcare management company. Judge Matthew's decision follows the conclusion of a five week jury trial that culminated in a unanimous verdict against First National Bank Edinburg, Merensky Reef Hospital Corporation and Conroe area attorney Eric Yollick wherein the jury found these Defendants committed fraud when they wrongfully conspired to take possession of three hospitals purchased by the investor Plaintiffs.
• Settlement as co-counsel in a class action lawsuit against Waste Management, Inc. alleging securities fraud, a settlement which ranks among the largest of its kind.
• Several settlements (to date) in the largest qui tam lawsuit of its kind brought under the False Claims Act on behalf of the United States of America, alleging oil royalties due the United States for oil production on federal and Indian owned lands were underpaid by 18 of the largest American oil companies. Provost Umphrey Law Firm served as lead counsel.
• Settlement as co-counsel in a class action lawsuit brought by Third Party Payor's against Mylan Laboratories, Inc. alleging violations of various state antitrust and consumer protection laws.
• Settlement awarded to the City of Port Arthur and other Texas cities in its class action lawsuit against Southwestern Bell Telephone Co. involving underpayment of franchise fees owed to the class member cities. Provost Umphrey served as lead counsel.
• Settlements against Fortune 500 companies for failure to pay workers in compliance with Federal Fair Labor Standards Act.
• Settlement in which Provost Umphrey successfully represented a class of 57 Texas Municipalities against one of the largest utility service providers in the country. The case involved enforcement of the cities' franchise ordinances providing for the payment of fees for the use of streets.
• Settlement as co-counsel of a Tennessee State class action against various chemical companies alleging price fixing in the sale of the food preservative, potassium sorbate.

Personal Injury & Wrongful Death

• In 2006, Provost Umphrey equity partner Paul "Chip" Ferguson obtained the largest verdict nationally for a side underride case. Ferguson obtained a $36 million verdict in Falcon v. Lufkin Industries, a case tried in Panola County, Texas. The verdict remains the largest verdict ever obtained in a side underride case and has been nationally recognized, and selected as a Top 10 verdict by Lawyers USA and among the Verdict Search Top 100.
• Settlement in qui tam whistleblower lawsuit brought on behalf of the United States of America against the Boeing Co. alleging the use of defective material in gears for Army Chinook Transport helicopters resulting in the loss of Marine soldiers' lives and several helicopters. Provost Umphrey served as co-lead counsel.
• Settlement arising from a brain damage baby claim when the doctor and hospital failed to complete a cesarean section removal of the child in a manner consistent with reasonable medical practices.
• Settlement on behalf of a worker injured as a result of exposure to Hydrogen Sulfide gas at a paper mill.
• Settlement resulting from a complex multi-party death and property damage claim involving the collapse of the Jefferson County Airport roof.
• Settlement resulting from the brain damage and ultimate death of a woman undergoing a D&C procedure. Hospital staff and doctor failed to monitor patient in the post-operative recovery area resulting in her crashing with subsequent brain damage and death.
• Settlement resulting from a motorcycle accident which caused brain and spinal injuries to the motorcycle rider.
• Judgment against Defendant doctor and judgment against Defendant hospital for failure to diagnose fetal distress, which resulted in brain damage.
• Settlement in a case for an injured electricians apprentice, who was injured a result of a premises owner's failure to provide adequate fall protection.
• Settlement achieved on behalf of a widow and her unborn child in the death of her husband due to negligent pipeline construction and cable.
• Settlement arising out of the failure of a hospital's staff and doctors to properly monitor the respiratory therapy of a patient suffering through adult respiratory distress syndrome causing anoxic encephalopathy and brain damage.
• Award on behalf of a 27-year-old woman who was injured in an 18-wheeler accident and was unable to continue her studies to become a physical therapist due to negligence of Fleet Line Trucking, Inc.
• Settlement arising out of a Death on the High Seas Act claim brought on behalf of the widow of a man who was killed when the helicopter that he was riding in crashed in the Gulf of Mexico.
• Settlement plus 4 year college or technical school tuition and books settlement against railroad on behalf of signalman injured while lifting battery box lid.
• Settlement against manufacturer of packaging equipment that allegedly caused plastics to be wrapped with food product.

Pharmaceutical

• Settlement as co-counsel in a class action lawsuit against Dupont Merck Pharmaceutical Company alleging violations of various state consumer protection laws in the sale of an anticoagulant drug.

Toxic Tort

• Settlement on behalf of 200 plaintiffs against 12 to 14 petrochemical companies alleging mismanagement of gasoline distribution facilities. Injuries included illness, property devaluation and loss profits resulting from soil and ground water contamination.
• Verdict on behalf of a 68-year-old man who died from leukemia associated with his Benzene exposure at multiple locations, including Mobil.
• Verdict in a Benzene exposure case brought on behalf of the surviving family members of a petrochemical worker
• Settlement in Travis County, Texas in a case alleging ground water contamination by a major oil company.
• Verdict on behalf of a sandblaster exposed to silica on the job.
• Benzene settlement resulting from the diagnosis and death of four leukemia stricken petrochemical workers.
• Settlement awarded in a bladder cancer case resulting from exposure to carcinogenic chemicals in the petrochemical industry.