PHILADELPHIA, PA, May 19, 2016 -- A settlement has been reached
in Cook v. Rockwell International Corporation, No. 90-cv-00181 (D.
Colo.), one of the longest running cases in the United States,
involving plutonium releases from the former Rocky Flats nuclear
weapons site northwest of Denver, Colorado. The case was filed in
January 1990 against The Dow Chemical Company and Rockwell
International Corporation, companies which managed the plant from
1952 to 1989 for the United States Department of Energy. Homeowners
alleged that plutonium released from the plant had contaminated
their property. The proposed class settlement is for $375
million. "We are very pleased with the settlement," said
Merrill G. Davidoff, a managing shareholder of Berger &
Montague who was lead trial counsel for the plaintiffs in the
four-month trial held from October 2005 to February 2006. The
jury found for plaintiffs on Valentine's Day, 2006, but judgment
was vacated on appeal in 2010. In a second trip to the court
of appeals, plaintiffs secured a victory in 2015. After both
sides sought review by the United States Supreme Court, a
settlement was reached.
"Our clients have stuck with this case, and so have we.
It's been a long haul," said Mr. Davidoff, who, along with fellow
Berger & Montague managing shareholder David F. Sorensen and
the whole trial team received the prestigious Trial Lawyer of the
Year award in 2009 from the Public Justice Foundation for their
work on the case. Judge John L. Kane has certified a
settlement class and appointed Berger & Montague as lead class
counsel. The settlement will be filed with the court shortly,
and a schedule for further proceedings established. In light
of the settlement, both sides dismissed their petitions
seeking review by the Supreme Court.
The trial team also included the late shareholder Peter
Nordberg, and was supported by attorneys Jenna McNaughton, Caitlin
G. Coslett and Ellen Noteware and lead trial paralegal Karen
Markert. Louise Roselle of the Cincinnati law firm of Markovits,
Stock & DeMarco; Jean Geoppinger McCoy, currently of the
Cincinnati law firm of White, Getgey & Meyer, Co., L.P.A., and
Gary B. Blum of Silver & DeBoskey, P.C. in Denver, also
assisted at trial.
For information, contact:
G. Davidoff at firstname.lastname@example.org .
F. Sorensen at email@example.com .
About Berger & Montague, P.C.
Berger & Montague, P.C., with over 50 attorneys, represents
plaintiffs in complex and class action litigation. The firm has
played lead roles in major cases for over 40 years, resulting in recoveries of billions of
dollars for its clients and the classes they represent.