Cal Burnton is a partner in the Litigation Department of Edwards Wildman. Cal has earned a national reputation for coordinating, managing, and defending mass toxic tort and complex product liability cases with a special emphasis on high-risk matters involving novel legal, scientific, and environmental theories. Over his 25-year career, Cal has litigated and won numerous complex toxic tort and product liability cases for leading manufacturers and sellers of products such as chemicals, health care appliances, medical devices, electrical equipment, firearms, printing presses, industrial machinery, and power tools. Cal is also a trusted counselor to his clients, advising them on issues regarding environmental compliance, product liability, product safety, and related matters. Throughout the years, he has represented corporate clients in both federal and state courts in almost every state across the country. He is also a frequent lecturer at the University of Wisconsin-Madison, and has presented seminars on liability issues in Japan and the University of Warwick in England, as well as for an association of heavy equipment manufacturers and for various insurance companies.
Notable Experience
Toxic Tort
· As lead trial and coordinating counsel, defends chemical manufacturers in numerous lawsuits in both state and federal courts in Mississippi alleging environmental contamination leading to health and property damage. The suits were brought by over 1,400 residents living near a chemical plant.
· Lead trial counsel in mass toxic tort litigation involving over 500 plaintiffs alleging trespass, nuisance and negligence claims, as well as violations of state regulatory laws in Little Rock, Arkansas
· Lead trial counsel, defending chemical company in toxic tort and personal injury litigation involving over 500 individual plaintiffs in Alexandria, Louisiana. In the first individual plaintiff trial, where plaintiff's counsel asked the jury to return a verdict in for millions of dollars, the jury was out for 90 minutes and returned a defense verdict for our client on all counts.
· Defense counsel in mass tort trial in Charleston, West Virginia, involving neighbors and former workers at a chemical plant
· Represented chemical company in toxic tort litigation in Texarkana, Texas
· As lead counsel, defended manufacturer of water tank liner against allegations that the client contaminated water at a community housing facility; case involved claims of personal injury and medical monitoring on behalf of several hundred present and past residents
· Represents foreign corporation in claims asserting veil piercing theories of liability for environmental toxic tort claims brought against acquired subsidiary company
· Represents manufacturer of creosote and pentachlorephenal in ongoing national defense coordination for numerous toxic tort matters filed across the country
Product Liability
· Provided counseling and training for Japanese manufacturers, conducting seminars in Tokyo, Osaka, Kyoto and Niigata on five occasions
· Advise clients of responsibilities under Consumer Product Safety Improvement Act
· Lecturer at University of Wisconsin Product Liability Conferences since 1990 on product warnings, hazard analysis and CPSC issues
· As national counsel for Smith & Wesson, coordinated, managed, and defended numerous product liability cases alleging claims of wrongful death, hearing loss, and shooting injuries. Served as counsel in trials in Seattle, Washington; San Francisco, California; and New Haven, Connecticut.
· As coordinating counsel, represented manufacturers of rifles and shotguns against various product liability claims. Achieved successful defense verdict in trial in Anchorage, Alaska in 2003. Defended other cases in Alabama, Georgia, Texas, Tennessee, and Wisconsin.
· Defended several claims involving hearing loss issues, involving products such as police sirens, firearms, and flares
· Served as national coordinating and trial counsel for manufacturer of wood cutting equipment, trying cases in Seattle, Washington; Iron Mountain, Michigan; and Fort Smith, Arkansas.
· Defended manufacturers of various types of products in product liability claims in numerous state and federal courts across the country; defended products include excavators, food cooking equipment, paper slitters and rewinders, wood cutting equipment, pharmaceuticals, and police equipment
Litigation
· Defended chemical company in multiple wrongful death and personal injury suits brought in New Jersey after a chemical explosion at a manufacturing plant
· Defended corporations in cases involving licensing and trademark issues, including cases in Florida, West Virginia, and Illinois
· Represent Fortune 500 pharmaceutical company in dispute involving prescription drug benefits
· Counsels clients on national and international product safety issues, warning issues, FIFRA compliance, and drafting Material Safety Data Sheets
Reported Decisions
· Collins v. Koppers Inc., 59 So. 3d 582 (Miss. 2011)
· Angle v. Koppers Inc., 42 So. 3d 1 (Miss. 2010)
· Barnes v. Koppers Inc., 534 F.3d 357 (5th Cir. 2008)
· Hill v. Koppers, 2010 WL 323380
· Hill v. Koppers, 2009 WL 3246630
· Hill v. Koppers, 2009 WL 3418558
· Hill v. Koppers, 2009 WL 4908836
· Beck v. Koppers, 2009 WL 230036
· Beck v. Koppers, et al. 2006 WL 2432092, 5441384, 2228917, 2228916, 2228914, 2228911, 2228910, 2228878, 717488, 5441388, 2033879, 230036, 1423616, 230036, 924040, 5441387, 288350, 270260
· Beck v. Koppers, et al. 2005 WL 2715910
· Koppers v. Crowder, 2005 Miss. Lexis 376 (2005)
· Stephen Whaley v. Sturm Ruger & Company, Inc., Superior Court for the State of Alaska, No. 97-03022
· Camden County Bd. v. Berretta, 273 F.3d 536 (3d Cir. 2001)
· Young v. Bryco Arms, 327 Ill. App.3d 948 (1st Dist. Ill. 2001)
· White v. Smith & Wesson, 97 F. Supp. 2d 816 (N.D. Ohio 2000)
· Copier v. Smith & Wesson Corp., 138 F.3d 833 (10th Cir. 1998)
· Treadway v. Smith & Wesson Corp., 950 F.Supp. 1326 (E.D. Mich 1996)
· Hamilton v. Accu-Tek, 935 F. Supp 1307 (E.D. N.Y. 1996)
· Arellano v. SGL Abrasives, 617 N.E.2d 130 (1993)
· McCormick v. McCormick, 180 Ill. App 3d 184, 536 N.E. 2d 419 (1988)
· Donato v. Merrill Lynch, 663 F. Supp. 669 (N. D. Ill. 1987)
· Riordan v. Int. Armament, 132 Ill. App. 3d 642 (1983)
· Linton v. Smith & Wesson, 127 Ill. App. 3d 676 (1983)
Recent Speaking Engagements and Publications
· Author, "Danger Ahead, Contamination, Or Other... Damages," Corporate Counsel, April 1, 2011.
· Author, "CERCLA's Toxic Tort Discovery Rule: It's Not as Clear as It Reads," BNA's Toxics Law Reporter, July 2010.
· Author, "Narrowing the Field in Mass Torts: The Lone Pine Solution," Toxic Torts Verdict Reports, March 2008.
· Author, "New Standard Helps Manufacturers Meet Duty to Warn in Product Manuals," Industry Week, October 22, 2008.
· Author, "Expanding The Duty To Warn In Wash. Liability Cases," Product Liability Law360, October 21, 2008.
· Author, "Much-Needed Guidance For Product Safety Manuals," Product Liability Law360, October 16, 2008.
· Author, "Danger Ahead - Caution Needed When Defending Company Witnesses," Product Liability Law & Strategy, Vol. 28 (4), October 2008.
· Instructor, 15th, 18th ,22nd and 23rd, Product Liability Conferences, University of Wisconsin, November 2003, 2006, 2010 and 2011.
· Instructor, Seminars on Product Liability and Warnings & Instructions, University of Wisconsin, spring and fall semesters, 1990-present.
· Regular CLE presenter on trial, evidence and discovery issues for Illinois accreditation.
· Instructor, National Institute of Trial Advocacy, 1999-present.
· Regular Lecturer and Speaker, Product Liability and Defense Group, spring and fall, 1988-present.
· Instructor, "Using Safety Manuals To Avoid Litigation," July 1998.
· Speaker, "Avoidance of Liability," European AIRMEC Conference, University of Warwick, England, 1997.
· Speaker, "Product Liability and Accident Prevention," Japan Risk Management Association; Tokyo, Japan; August 1991-1992, October 1995, October 1999.
· Speaker, "Risk Management and Product Liability," Nippon Fire and Marine Insurance Company Ltd.; Tokyo, Japan; October 1993.
Besides Edwards Wildman
Cal resides in Arlington Heights, Illinois with his wife and four children. He is a native of Green Bay, Wisconsin and is a proud owner of the Green Bay Packers.
Memberships
· Wildman Harrold Professional Standards Committee, 1998-2011
· Wildman Harrold Diversity Committee, 2009- 2011
· Defense Research Institute
· Illinois State Bar Association
· International Association of Defense Counsel
· Wisconsin State Bar Association
· Staff Attorney, United States Court of Appeals for the Seventh Circuit, 1981-1983
· National Institute for Trial Advocacy