The legal battle of the Rocky Flats Nuclear Weapons Site
outside of Denver, Colorado comes to a close
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 .
or David 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.