Litigation & Trial Experience

Jeff has litigated complex commercial cases across the country. Complex litigation matters have included contract disputes, antitrust, securities, intellectual property, anti-terrorism, environmental, and international law. The value of the cases handled as lead counsel include a billion-plus dollar liability case, multiple cases with claims in the hundreds of millions, and a range of smaller matters.

Representative litigation matters include:

  • Lead counsel for $10 billion-company in multi-million dollar contract dispute regarding remediation of radiological contamination in St. Louis, Missouri. The remediation was overseen by the Nuclear Regulatory Commission. Litigation involved numerous experts in the remediation of radiological contaminated waste sites and fact witnesses located across the country. The case settled two days before trial. AECOM Technical Services, Inc. v. Mallinckrodt LLC (CA No. 1:12-CV-11382-PBS) (D. Ma).
  • Lead counsel in successful dismissal of intellectual property infringement complaint brought by winery against retail wine company and hotel. Smith-Anderson Enterprises, Inc. v. Boston East Tyngsboro Holdings, LLC, et al. (CA No. 16-CV-01361-EMC) (N.D. Ca) ; (MA No-1:16-CV-11026-JCB) (D.Ma).
  • Lead counsel in anti-terrorism case against large producer of bananas brought by citizens kidnapped and killed by terrorists in Colombia. Julin, et al. v. Chiquita Brands International, Inc. (CA No. 08-20641-CIV-MARRA) (S.D.F.L.).
  • Lead counsel in defense of Patent Infringement case brought by manufacturer of Volt Amperes Reactive product. Varentec, Inc. v. Gridco Inc. (CA No. 16-217-RGA) (D. Del).
  • Co-counsel representing a multi billion dollar company in defense of Endangered Species Act and Administrative Procedures Act case brought by environmental non-profit groups against National Marine Fisheries Service and hydro project owners. Successfully obtained dismissal. Marine Counsel of the Atlantic Salmon Federation et. al v. National Marine Fisheries Service and Brookfield Renewable//Reusable Sewers et al.(CA No. 2:15-CV-00261-JAW) (D. Me); (appeal in First Circuit pending).
  • Co-counsel representing Town in litigation against Fortune 500 Company for contamination of town drinking water supply and related costs under CERCLA and state law claims. City of Lake Elmo v. 3M Company. (CA 0-16-CV-2557-ADM-SER) (D. Minn) (pending).
  • Lead counsel representing Town regarding drinking water contaminated with perfluorochemicals (PFCs) prefiling. (MA No. 1:16-CV-11026-JCB) (D. Ma).
  • Co-counsel in successful defense of a major antitrust action brought by U.S. Federal Trade Commission against pharmaceutical manufacturers relating to settlement of patent litigation. After 40-day trial, won defense verdict. Defended private class actions in Multi-District Litigation. In the Matter of Schering-Plough, et al., (FTC Docket No. 9297).
  • Co-counsel in successful defense of various Asian rubber-thread manufacturers against civil allegations of price-fixing in violation of U.S. antitrust laws. Succeeded in defeating $100 million civil class action, winning jury verdict. Dee-K Enterprises, Inc. v. Heveafil SDN. BHD, (CA No. 01-1894) (W.D.N.C.).
  • Co-counsel in successful defense of major Saudi bank alleged to have financially supported terrorism. Won pre-trial dismissal of $1 billion claim. Thomas Burnett, Sr., et al v. Al Baraka Investment & Development Corporation, et al., (CA No. 02-1616(JR) (D.D.C.).
  • Co-counsel defending against major antitrust action brought by Department of Justice. In two-week trial, successfully refuted allegations of territorial allocation among competitors in paper industry. United States v. UPM-Kymmene, OYJ, et al., (CA No. 03C2528) (N.D. Ill.).
  • Co-counsel defending shipping company accused of conspiratorial conduct. Stolt-Nielsen, et al. v. United States, (CA No. 04-CV-00537) (E.D. Pa.).
  • Co-counsel defending Discovery Channel in defense of intellectual property. The Learning Network v. Discovery Communicators, (CA-00-2565-MJG) (D. Md.).
  • Counsel defending litigated merger challenge in SunGard/Comdisco and reaching a negotiated solution to a potential merger challenge in Metso/Svedala. United States v. Sungard Data Systems, Inc., (CA No. 01-2196(ESH) (D.D.C.).
  • Lead counsel in a contract dispute regarding a fuel supply agreement with a pulp and paper mill. Expera Old Town, LLC v. Casella Waste Systems, Inc., (BANSCV-2015-217) (Me. Sup. Ct.).
  • Lead Counsel in defense of RCRA citizen suit for injunctive relief associated with contamination of sediments in the Penobscot River, one of New England's largest river systems and estuary. Month-long trial in Federal District Court involved testimony from 22 expert witnesses in various technical aspects of contaminated sediment issues including: fate and transport, stable isotope analysis, geochemistry of marsh areas. Case is currently pending decision. Natural Resources Defense Counsel and Maine People's Alliance v. HoltraChem Manufacturing Company, L.L.C. (CA No. 00-69-BW) (D. Me).
  • Lead Counsel in defense of state enforcement action seeking $250 million remedy to address mercury contaminated soils, sediments, and groundwater at RCRA and Maine Uncontrolled Hazardous Substances Site. Two week state administrative hearing led to modified order saving client $150 million. Mallinckrodt US LLC and United States Surgical Corp. v. Maine Department of Environmental Protection, (CA No. AP-2010-19) (Me Sup. Ct.).
  • Lead Counsel in defense of citizen suit against hydro power project owner seeking injunctive relief for alleged violations of the Endangered Species Act (ESA). Plaintiffs alleged that the hydro power project at issue was taking Atlantic Salmon in violation of the ESA.The Court granted defendant's Motion to Dismiss and no claims for attorney fees were awarded. Friends of Merrymeeting Bay and Environment Maine v. Miller Hydro Group, (CA No. 2:11-CV-00036-GZS) (D. Me).
  • Co-Lead counsel for company managing $19 billion in assets in defense of citizen suit alleging that National Marine Fisheries approval of Biological Opinions under the Endangered Species Act for several hydro power projects violated the Administrative Procedures Act. Maine Council of the Atlantic Salmon Federation, et al., v. National Marine Fisheries Service, et al. and Brookfield Renewable Services Maine LLC, et al., (CA No. 2:15-CV-00261-JAW) (D. Me) (pending).
  • Lead Counsel for company in defense of citizen group challenge to environmental permits associated with $60 million project. Environmental permits were issued under Maine's Site Location of Development Act and Natural Resources Protection Act. Environmental permits were upheld after administrative hearing. Androscoggin River Alliance et al., v. Maine Board of Environmental Protection (CA No. AP -11-44) (Me Sup. Ct.).
  • Lead Counsel in defense of CERCLA contribution claim associated with cleanup of former pulp and paper mill in Ohio. Obtained dismissal of Plaintiff's claims. Garrett Day LLC, et al. v. International Paper Company, et al. (CA No. 3:15-CV-36-WHR) (S.D. Ohio).
  • Lead Counsel in major Clean Water Act case against fourth largest coal company in the United States for penalties and injunctive relief to address thousands of NPDES permit violations spanning several states. Worked with EPA to evaluate environmental compliance of coal company facilities with applicable environmental statutes. Developed case under the Clean Water Act against the parent company and numerous subsidiaries. Obtained company wide injunctive relief valued at $10 million and a $20 million penalty, which was the largest civil penalty ever paid for Clean Water Act permit violations at the time and is still one of the largest penalties paid for such violations. United States v. Massey Energy, (CA No. 90-5-1-1-08470) (S.D. W. Va.).
  • Co-counsel in first Clean Air Act case brought pursuant to EPA's Pulp & Paper Initiative under the federal New Source Review Program. First phase of this case involved a week-long trial in Maryland U.S. District Court regarding the availability of Best Available Control Technology for alleged violations of EPA's Prevention of Significant Deterioration Program. United States v. Westvaco Corp., (CA-MJG 00-CU-2602) (D. Md.).
  • Co-counsel representing the U.S. Department of Interior in civil action to recover natural resource damages for harm to Rocky Mountain National Park in Colorado. Case settlement obtained on eve of trial for the largest natural resource damages recovery to date under the Park Services Resource Protection Act. United States v. Water Supply & Storage Co., et al., (CA No. 06-CV-01728-REB-MJW) (D. Colo.).
  • Lead and Co-counsel in several natural resource damages cases under CERCLA, including representation of a large oil company in state lead natural resource damage case, representation of the Department of Interior in settlement negotiations of natural resource damages from mercury in the South River in Virginia, and representation of the Department of Interior in settlement negotiations of natural resource damages at Palmerton Site in Pennsylvania.
  • Lead and Co-counsel in several Superfund and RCRA Sites across the nation including: United States v. Thoro Products Co., (CA No. 04-M-2330) (D. Colo.) (Rocky Flats Industrial Park Site);United States v. Highview Gardens, Inc., (CA No. 2109-CV-02827-PD) (E.D. Pa.); United States v. Wellsford, (CA No. 054158) (E.D. Pa.); Taylor Borough Superfund Site in Pennsylvania; American Drum and Pallet Site in Tennessee; Beede Waste Oil Site in New Hampshire; Beede Site Group v. Federal Home Mortgage Corp., et al. (CA No. 1:09-CV-00370) (D.N.H.).
  • Co-counsel in Clean Water Act case against sanitary sewer district serving 1.6 million people to obtain penalties and injunctive relief for hundreds of sanitary sewer overflows. United States v. Hampton Roads Sanitation Dist., (CA No. 2:09-CV-481). (E.D. Va.).
  • Lead Counsel in EPA multi-media investigations of mining and pharmaceutical facilities pursuant to the Clean Air Act, Clean Water Act, RCRA, EPCRA, TSCA.
  • Lead Counsel in defense of CERCLA cost recovery case in Southern District of Ohio brought by Brownfields redevelopment company. Case is pending.
  • Lead counsel for Plaintiffs in toxic tort litigation in California involving exposure to high levels of copper in drinking water. James Vogeler, et al. v. Culligan Water of Orange County, et al. (Case No. 30-2012-00588355) (Superior Court, Orange County, Ca)(pending).
  • Lead counsel in toxic tort case regarding uranium contamination exposure. Case settled after completion of fact discovery. Theodore and Stacey Sawyer v. Water Treatment Equipment, Inc., and Culligan International Company, (CA No. CV2011216) (Me Sup. Ct.).
  • Lead counsel in oil spill contamination case in Maine regarding property damage and diminution of property value. (settlement reached pre-filing).
  • Lead counsel in oil spill contamination case in New Hampshire regarding property damage and diminution of property value. (Settlement reacted pre-filing).
  • Co-counsel in defense of CERCLA cost recovery case in Federal District Court in Maine brought by US DOJ. Case settled for 30% off of demand.
  • Lead counsel in multi-million dollar contract dispute regarding the need for repairs to two dam projects in Maine. Case settled after motions practice. FPL Energy Maine Hydro LLC v. Great Lakes Hydro America, LLC et al., (CA No. CV-12-266) (Me Sup. Ct.).

Firm Highlights


Supreme Court Finds Clean Water Act Jurisdiction For Discharges To Groundwater

Today, in a 6-3 opinion, the Supreme Court held that a Clean Water Act (CWA) permit can be required for discharges to groundwater “if the addition of the pollutants through groundwater is the functional...


Eighteen Preti Flaherty Attorneys Selected as Chambers USA Leaders in Their Field

Eighteen Preti Flaherty attorneys and five practice groups have been selected for inclusion in the 2020 Chambers USA Guide to America's Leading Lawyers for Business , the highly regarded directory of leading attorneys and...


Environmental Alert: Supreme Court Finds CERCLA Does Not Bar State Law Claims

The Supreme Court of the United States on Monday issued a decision authored by Chief Justice Roberts with far-reaching implications for targets of federal environmental enforcement actions. The Court in Atlantic Richfield Co. v...


EPA Announces Temporary Relaxation of Certain Environmental Compliance and Monitoring Obligations During the COVID-19 Pandemic

Citing potential worker shortages and social distancing and travel restrictions related to the COVID-19 pandemic, on Thursday, March 26, 2020, the U.S. Environmental Protection Agency announced that it would exercise enforcement discretion and temporarily...


48 Preti Flaherty Attorneys Selected by Peers for Inclusion in Best Lawyers in America 2021, Including 4 “Lawyers of the Year”

Forty-eight Preti Flaherty attorneys have been named to Best Lawyers in America 2021, including four recognized on the inaugural “Ones to Watch” list for attorneys earlier in their careers and four “Lawyer of the...


Attorney Jeffrey Talbert Selected by Peers as “Lawyer of the Year” in Best Lawyers in America 2021

Preti Flaherty attorney Jeffrey Talbert has been recognized in Best Lawyers in America 2021 as the “Lawyer of the Year” for the Portland region in the field of Litigation - Environmental. Inclusion in Best...