Elizabeth L. (Libby) Thompson
Professional Practice
Bartlit Beck Herman Palenchar & Scott LLP, 1993-Present, Partner
Kirkland & Ellis, 1989-1993, Associate, Litigation Department
Cases tried or otherwise taken to judgment
Federal Signal Firefighter Hearing Loss Litigation
Represent Federal Signal in product liability claims brought by firefighters alleging that Federal Signal's sirens caused permanent hearing loss. Three jury trials (in Chicago and Philadelphia) on forty-five plaintiffs resulting in thirty-six defense verdicts.
Naftali et al. v. DuPont
Mass toxic tort action brought by 1600 plaintiffs alleging environmental contamination by DuPont blasting cap plant over 92-year period. Represented DuPont in ten-week jury trial of personal injury, medical monitoring, and punitive damages claims of ten plaintiffs. Court dismissed punitive damages claims at close of evidence. Jury awarded no damages to seven of ten plaintiffs. Jury verdict for three plaintiffs, awarding damages totaling less than $500,000.
Tyrone Parker v. NL Industries, Inc., et al.
Represent NL Industries in jury trial for products liability resulting from sale of lead paint products in 1950's. This was the first case in the nation to be tried against any of the former manufacturers of lead paint products. Scores of cases have previously been dismissed on motions, and numerous other cases alleging lead paint poisoning or property damage are pending throughout the country. The plaintiff alleged that his current condition of epilepsy results from latent injuries caused when he ingested lead paint in the 1950's. He was treated at the University of Maryland Hospital and diagnosed with lead encephalopathy. He subsequently experienced cognitive delays, difficulties in school, and behavioral problems all as the alleged result of lead poisoning.
Case won. The case was tried before a Baltimore City jury from May 30 to June 12, 2000 before Judge Heller. Complete defense verdict on June 12, 2000.
FMC v. Lloyds of London and Liberty Mutual
Represented FMC in insurance coverage case for environmental cleanup costs against numerous insurance companies. Jury verdict of coverage on all sites. Subsequent jury finding of bad faith denial of coverage in second jury trial.
NL Industries v. Lockheed
Represented plaintiff, NL in case alleging fraud and securities violations arising from 1990 and 1991 proxy contests for control of Lockheed. Judgment for NL.
Current representations
Hess v. NL Industries
Representing NL in a suit brought in the City of St. Louis, Missouri, by minor plaintiffs claiming injuries from ingesting lead paint. Plaintiffs’ expert chemist claims he has used a novel scientific technique to identify NL as the manufacturer of lead pigment in paint in the plaintiff’s former residence. Case is pending.
Brown v. NL Industries, Inc.
Representing NL in a suit brought in Cook County, Illinois, by a minor plaintiff claiming injuries from ingesting lead paint. Plaintiff’s expert chemist claims he has used a novel scientific technique to identify NL as the manufacturer of lead pigment in paint in the plaintiff’s former residence. Case is pending.
Other representative cases
AIMCO v. Nat’l Union Fire Insurance of Pittsburgh, PA, et al.
Represented AIMCO in the U.S. District Court for the District of Colorado regarding an insurance coverage and breach of insurance contract dispute. Case settled.
AIMCO vs. Cananwill, Inc., and Combined Specialty Insurance Company f/k/a Virginia Surety Company, Inc.
Represented AIMCO in the U.S. District Court for the District of Colorado regarding the misappropriation by a premium finance and insurance company of return premiums. Case settled.
Cananwill, Inc. vs. AIMCO, Greenwich Insurance Company, et al.
Represented AIMCO in the Superior Court of New Jersey, Morris County Law Division, regarding alleged liability under alleged premium finance agreements. Case settled.
NL Industries Lead Paint Litigation
Currently defending NL, a former manufacturer of lead pigments used in paint, against allegations of negligence and strict liability brought by individuals claiming injury from the ingestion of lead paint.
Siemens Corporation Employment Cases
Represent Siemens in employment matters before several courts.
Abbott v. Alpha
Represent Alpha Therapeutic Corporation in declaratory judgment lawsuit in federal court concerning parties’ obligations under 1978 Asset Acquisition Agreement.
Howray v. Alpha, et al.
Represented Alpha in Texas state court trial brought by two hemophiliacs who allegedly contracted HIV and AIDS through use of defendants’ products.
Armona, et al. v. DuPont
Represented DuPont in property damage and personal injury suit brought by 400 plaintiffs in connection with alleged environmental contamination.
Bobrowitz v. Lee Hecht Harrison
Represented client in lawsuit alleging fraud in procurement of out-placement services.
Brantman, et al. v. MFSCC
Represented MFSCC and Peter Kiewit Sons in 10(b)(5) fraud claim brought by former minority shareholders.
McCain v. McCain
Represented Michael McCain in his tortious interference and defamation claims against H. Harrison McCain and McCain Foods.
Omaha Indemnity Company v. Frank B. Hall and Prometheus Liquidating
Represent OIC in action based on unauthorized policies written by FBH.
General Motors Corp. Airbag Litigation
Represented GM in several product liability cases involving vehicle supplemental inflatable restraints ("airbags").
Ameritech Mobile Communications Inc. Trade Secret and Contract Litigation
Represented AMCI as both plaintiff and defendant in series of injunctive and declaratory actions regarding misappropriation of AMCI trade secrets and breach of agency agreements.
Kohlberg & Co. v. Maneschwitz
Represented Kohlberg & Co. in injunctive action based on tender offer.
Morgan v. S.C. Johnson
Defended S.C. Johnson and Johnson Wax in fraud and breach of contract case.
Carolina Power & Light
Represented utility company in claims of fraud against designer and contractor of nuclear power plant.
DeBois v. United Airlines
Defended United in action brought by terminated flight officer alleging race and sex discrimination.
Hoppenwaser v. Health Care Service Corp.
Defended Blue Cross/Blue Shield of Illinois in defamation action brought against it and one of its chief officers.
The First Chicago National Bank Employment Litigation
Represented First Chicago in series of employment discrimination cases, including age and disability suits.
Osterling v. Trans Leasing International
Defended TLI in suit alleging breach of contract, tortious interference, and sexual harassment. Represented TLI in declaratory counterclaim alleging breach of contract and misappropriation of trade secrets.
Anheuser Busch v. Owens Illinois
Represented Anheuser-Busch in breach of contract case.
NL Proxy Contest
Represented NL Industries and Harold Simmons in their proxy contest for control of Lockheed Corporation.
J.R. Butland/Standard Metal
Represented New Zealand manufacturing company in negotiating disputes with U.S. contractors.
Parker v. Exide
Represented Exide in case brought by former contractor alleging breach of contract and tortious interference.
Gibbs v. CIS Corp.
Defended CIS in breach of contract action brought by former manager.
Malenski v. Lands’ End
Defended Lands’ End in age discrimination action brought by terminated employee.
News
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The National Law Journal
Big Wins
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Rago v. Federal Signal (2008)
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Parker v. NL Industries (2000)
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Abbott Labs v. Alpha Therapeutic Corp. (1998)