Steptoe & Johnson takes a team approach to representing clients involved in class actions and mass torts, assembling the best resources of the firm for each individual case.
Steptoe & Johnson's experience in class actions and mass torts includes representation of clients as primary counsel, as well as assistance to other primary counsel for the client by serving as local counsel. The firm's strategic office locations and practice experience throughout West Virginia, in both state and federal courts, means Steptoe & Johnson can provide out of state clients with invaluable insight into the unique litigation climate in West Virginia. The firm's experience in class actions and mass torts includes representation of clients in the following types of litigation:
• Consumer credit and protection
• Insurance matters, including coverage and premium issues
• Product liability, including pharmaceuticals, asbestos, silica, benzene and manganese
• Employment matters, including ERISA, discrimination and wage & hour claims
• Anti-trust, including pharmaceuticals
• Flood litigation
• Medical records copying charges
Steptoe & Johnson has been involved in the following representative mass torts and class actions:
- Asbestos Litigation
Steptoe & Johnson is national, regional and local counsel for a variety of defendants in asbestos litigation in numerous jurisdictions. Our West Virginia practice centers around those cases pending before the state mass litigation panel. The current West Virginia Case Management Order was drafted by Steptoe & Johnson and has divided the cases into 3 trial groups per year with 20 plaintiffs each. Trials are held in January, May and September. Priority for trial slots is given to plaintiffs with mesothelioma and lung cancer.
- Asbestos UTPA Litigation
Steptoe & Johnson is defending one of several insurance companies in a putative class action brought by persons who settled asbestos claims in West Virginia in the 1990s with various asbestos product manufacturers. Plaintiffs allege that some of the manufacturers were insured by the defendant insurance companies, which allegedly unfairly delayed the settlement of their asbestos claims.
- Fen-Phen Litigation
Steptoe & Johnson defended numerous doctors and a clinic in this Brooke County, West Virginia class action which involved several thousand plaintiffs, numerous drug manufacturers and more than fifty doctors.
- Insurance Bad Faith Litigation
Steptoe & Johnson represented several insurance companies in this case of first impression, Barker v. Nationwide Insurance Co., et al., in which plaintiffs sued more than 400 insurance companies for violations of the West Virginia Unfair Practices Act when settling claims of minors.
- Hearing Loss Litigation
Steptoe & Johnson defended a Fortune 500 company against the claims of hundreds of product liability cases filed by construction workers who alleged that noise emitted by heavy equipment caused hearing loss.
- Medical Record Copying Litigation
Steptoe & Johnson represented eighteen hospital defendants and also served as hospital liaison counsel in this class action which sought damages for alleged overcharging for copies of medical records.
- Electrical Outlet Litigation
Steptoe & Johnson represents Leviton Manufacturing Co., Inc., in this Marshall County “no injury” product liability putative class action in which plaintiffs claim that defective electrical outlets result in an increased risk of fire.
- Flood Litigation
Steptoe & Johnson represents several clients in this mass tort against the allegations of several thousand plaintiffs that the extraction of natural resources by timber and coal companies caused the July 8, 2001 flooding in southern West Virginia. The litigation, which involves multiple watersheds, is occurring in phases.
- Employment Discrimination Litigation
Steptoe & Johnson represented the sole defendant in a class action in which plaintiffs, current and former female and minority employees, sought damages for alleged systematic discrimination in hiring, pay, promotion and job assignment practices. Further, Steptoe & Johnson represented one of the defendants in a putative class action alleging sex, age, and race discrimination in hiring and successfully defended the trial court's denial of class certification in the Supreme Court of Appeals of West Virginia.
- Coal Float/Sink Litigation
Steptoe & Johnson represents a defendant coal company in this class action in which plaintiffs seek damages for exposure to various chemicals used in coal float/sink testing. Defendants are manufacturers of the chemicals as well as various coal companies who used the chemicals in coal float/sink testing.
- Natural Gas Litigation
Steptoe & Johnson represents a major energy company which formerly owned an exploration and production company that leases and operates natural gas wells in West Virginia. This client is one defendant in a class action lawsuit brought on behalf of all owners of royalty interests in West Virginia natural gas wells operated by the exploration and production company. The class, which has approximately 8,000 members, contends that royalties have been improperly calculated since at least 1990 and seeks recovery of damages on that basis.