On June 9, 2006, following a four month jury trial in San Francisco, Ed Hugo and Roland The’ (Litigation Partners managing CERCLA and Environmental cases), received a complete defense verdict in City of Modesto v. Dow Chemical Co., et al., for BHP client Goss-Jewett Co. of Northern California.

Lead Trial Counsel Ed Hugo successfully defended the case for Goss-Jewett, which distributed the dry-cleaning solvent perchloroethelyne ("PCE").    The City of Modesto alleged that for years PCE had caused severe contamination to soil, ground water and municipal well water within the City.    The lawsuit charged Goss Jewett and other defendants with over 12 causes of action, including: Strict Products Liability, Negligence, Nuisance, Trespass, and violations of the Polonco Act, HSAA and the Porter Cologne Water Act.

The City sought over $300 million in damages from all defendants.    After a three month trial, the jury, although absolving Goss Jewett, found all other defendant distributors and manufacturers of PCE, including a number of major chemical companies, liable for pollution, awarding the City $3.2 million in damages; in a second phase the jury awarded punitive damages against three defendants ranging from $75,000 to $100,000,000.

This case marks one of the few times that regulators and government officials have pursued the chemical companies themselves for PCE pollution, rather than attempting to force property owners or dry cleaners to pay for cleanup costs. (CITY OF MODESTO v. DOW CHEMICAL CO., ET AL., San Francisco Superior Court,
Case Nos. 999345 and 999643, 6/9/2006)