Defense Victory for Shell

At the conclusion of a four–month trial in May 2010, a Steptoe team, together with co–counsel from King & Spalding, secured a defense victory for Shell Oil Company. The City of Redlands in California sued Shell, seeking compensatory and punitive damages for alleged malice relating to contamination of groundwater that the city claimed was needed for drinking water. The contaminants identified were DBCP and 1, 2, 3 trichloropropane (TCP), which are brominated and chlorinated compounds, respectively. These chemicals were found in former Shell agricultural fumigant products used from the 1940s to 1980s to control nematode infestations. Both compounds are recognized today as animal carcinogens and considered to be probable human carcinogens (in sufficient dose and duration of exposure). The city claimed that Shell's products were defective, while Shell contended that the city was not harmed, that the products were not defective, and that its conduct was not malicious. Though a co–defendant had settled prior to trial, the Steptoe team convinced a San Bernardino County, CA jury to return a defense verdict for Shell, defeating a claim for $46 million plus punitive damages. This case is the first of 13 such cases brought by municipalities in California against the product manufacturers Shell, Dow, and certain distributors.

Steptoe's Larry Riff, head of the firm's Toxic Tort Practice Group, was among trial counsel with co–counsel from King & Spalding. Steptoe had principal responsibility on issues of toxicology, epidemiology, risk assessment, and certain hydrogeology matters. The Steptoe team also included Jay Smith, David Nelson, and Danya Gonzales.