Dara D. Mann

Class Actions

• International Automotive Manufacturer and US Distributor – Served as lead counsel in national product liability class actions.
• In re Continental Airbag Products Liability Litigation – Lead counsel for Continental Automotive Systems, Inc. in national class action litigation stemming from the recall of approximately five million airbag units. Achieved early dismissal of plaintiffs’ claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), the Magnusson-Moss Warranty Act and various state consumer fraud statutes and common law claims.
• Fortune 100 Insurance Company – Successfully defended insurance company in two class actions alleging violations of the Employee Retirement Income Security Act (ERISA) stemming from the termination of retiree insurance benefits.
• Phillips, et al. v. The Leland Stanford University d/b/a Stanford University, et al. – Successfully defended Parsons Government Services, Inc. against a putative class action alleging that defendants conspired with the US Army to disperse toxic substances on a housing complex in St. Louis from the 1950s through the 1960s under the auspices of the US government's biological warfare program. After three years of litigation, our team obtained the voluntary dismissal of lead and putative class claims.
• Adkins, et al. v. Chevron Corp., et al. – Defense of nuclear fuel facility in a putative class action alleging release of radioactive and hazardous materials to air and water. Obtained early dismissal under Price Anderson Act preemption and federal pleading standards.
• Peterson, et al. v. BASF Corporation – National class action certified under the New Jersey Consumer Fraud Act alleging unfair practices in BASF’s labeling and marketing of the pesticides Poast and Poast Plus. Initially defeated on summary judgment based on Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preemption, then reversed and remanded after Dow v. Bates. Following a jury trial to verdict, the case was resolved favorably during the appeals process.

Environmental/High-exposure

• Audit Committee of the Tennessee Valley Authority – Assisted an independent investigation for the Audit Committee of the Tennessee Valley Authority (TVA) as to causes and needed remediation in the aftermath of a major coal ash spill costing the TVA more than US$1 billion in damages.
• State of Oklahoma v. Tyson Food, Inc., et al. – Defended an action by the Oklahoma Attorney General involving natural resource damage, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly known as Superfund) and the Resource Conservation and Recovery Act (RCA). This entailed allegations of more than US$2 billion in environmental damage from land application of poultry litter.

Product Liability and Toxic Torts

• International Automotive Manufacturer and US Distributor – Served as Georgia counsel in product liability personal injury actions.
• Opioid Litigation – Defending name brand and generic drug manufacturers in litigation brought by the Attorney General for the State of Georgia.
• Confidential global corporation – Served as national coordinating counsel in asbestos, silica and coal dust litigation involving respiratory protection products.
• Katt v. Cargill, Inc.; Imhof v. Cargill, Inc. – Multiplaintiff litigation by construction workers allegedly contracting histoplasmosis while performing soil removal at a Cargill ethanol facility.
• Acevedo, et al. v. Union Pacific Railroad Co. – Toxic tort action involving personal injury and property damage claims of more than 2,500 plaintiffs from alleged pesticide exposure.
• Confidential multinational conglomerate client – Wrongful death action alleging failure to properly monitor decedent, who was required to undergo court-mandated home-based alcohol monitoring.
• Joshi v. FAA – Federal Tort Claims Act matter alleging negligent pre-flight and in-flight weather briefings by air traffic controllers resulted in an airplane crash and the death of the pilot and four passengers.
• Halford v. Honeywell, Inc. – Wrongful death action alleging a police helicopter crash during a nighttime child search and rescue mission was caused by equipment failure.