Leonard Kurfirst is a partner in the Litigation Department of Edwards Wildman. As lead trial counsel for high-stakes class action, mass tort, toxic tort, product liability and health care litigation, Len has successfully coordinated and defended cases for a wide variety of clients including manufacturers, chemical corporations and health care providers. He has over 25 years of experience litigating complex cases in numerous jurisdictions throughout the United States that are well known as difficult venues for defendants, including Louisiana, Mississippi, East Texas, New York, East St. Louis and Cook County, Illinois. Len possesses knowledge of state and federal environmental, chemical and product liability laws; the fundamentals of medicine, toxicology and epidemiology; and the presentation of complex scientific and medical issues to a jury.
Notable Experience
· As trial counsel, defended a former owner of a creosote wood treating plant in Alexandria, Louisiana. The lawsuit has over 500 plaintiffs, each claiming personal injury as a result of living near the plant and allegedly being exposed to PAHs, dioxins, benzene and heavy metals. Obtained a defense verdict in the first case to be tried that involved a 56 year old woman who was diagnosed with a blood cancer - multiple myeloma. Gaston v. Beazer East, Inc, et. al, Rapides Parish, Louisiana (2011)
· As lead counsel, defended a global producer of carbon compounds and treated wood products in litigation arising from the operation of a railroad tie treatment plant near College Station, Texas. Putative class actions, mass tort and individual claims were filed over the course of three years in state and federal courts in Texas, Pennsylvania and Illinois. Over a thousand potential plaintiffs were identified. The client and plant were subjected to a coordinated multi-media attack supported by a hedge fund and plaintiffs' attorneys from several states. The relief sought included compensatory and punitive damages for personal injury and property damage, remediation of the nearby community and the establishment of a fund for medical monitoring. The following putative class actions and mass tort claims were dismissed in favor of defendants without settlement. Davis v. BNSF, et. al., USDC Western District of Texas (2005); Batts v. Koppers Inc., USDC Western District of Pennsylvania (2007); Brinston v. Koppers Inc., USDC Eastern District of Texas (2008); Adams, et. al. v. Koppers Inc., et. al., USDC Western District of Texas (2008); Bullard v. BNSF, et.al., USDC Northern District of Illinois (2010).
· As lead counsel, defended a large chemical corporation in a mass tort case involving over 200 plaintiffs who allegedly developed a wide variety of serious illnesses as a result of living next to a wood treatment plant. The primary chemicals of concern were lead and arsenic. Initial settlement demands were in excess of $50 million and plaintiffs also sought punitive damages. On the eve of trial, the plaintiffs accepted a nominal settlement after a favorable review of the client's summary judgment motions by the trial judge. Abron v. Beaze East, et. al., USDC, Eastern District of Texas, 2003.
· As lead trial counsel, defended a cardiologist in a wrongful death claim in which the decedent died from complications following a myocardial infarction and retroperitoneal bleed. The case required a detailed analysis of various pharmaceuticals given to the decedent in the days following his initial infarction and how they may have induced internal bleeding. After a two-week trial, a not guilty verdict was rendered by the jury in favor of the physician. Nybert v. Duggal, Circuit Court of Cook County, Illinois, 2002.
· As lead counsel, defended the medical director of a hospice under investigation by the U.S. Attorney General's Office, Northern District of Illinois, which was prepared to file a False Act Claim against him for allegedly participating in a scheme to defraud Chicago area hospice patients. The owner of the hospice admitted to criminal liability and was fined and sentenced to prison. The case required detailed knowledge of state and federal regulations regarding the provision of hospice care and its billing under various government programs. The medical director's defense required interaction with the FBI and the Assistant U.S. Attorney General. After addressing each of the concerns raised by the government, the case was dropped without any fines or sanctions being imposed upon the medical director. In Re: Dr. S.L., Chicago, Illinois, 2000.
Recent Speaking Engagements and Publications
· Quoted, "Hydraulic fracturing lawsuits unlikely to be reduced by EPA rules," Business Insurance, April 22, 2012
· Presenter, "Navigating the Changing Landscape of MDLs and Class Certification Post-Walmart v. Dukes," ACI's 3rd Annual Chemical Products Liability and Environmental Litigation Conference, April 2012.
· Co-author, "Q&A: The FDA Takes On BPA," Food Manufacturing, March 29, 2012.
· Author, "Prepping For CPSC's New 3rd-Party Testing Rules," Law360, October 19, 2011.
· Moderator, "The Ethical Dilemmas Inherent During Discovery- Wood-Shedding Witnesses, Preserving Evidence, Electronic Data and Other Potential Pitfalls," ABA Section of Litigation Products Liability and Mass Torts Committees Regional CLE Workshop, Houston, October 2010.
· Presenter, "Nano-technology and What It Means to Regulations and Business," Chemical Industry Council of Illinois "Hot Topics" Seminar, April 2010.
· Presenter, "Enforcement Trends and Priorities: Citizen Groups," Chemical Industry Council of Illinois "Hot Topics" Seminar, September 2009.
· Co-Author, "BPA Update: Beyond Baby Bottles," BNA Class Action Litigation Report, April 10, 2009.
· Presenter, "Biomonitoring: Its Expanding Role in Public Health Evaluations and Litigation," American Chemical Society National Convention, Salt Lake City, March 2009.
· Presenter, "Nanotechnology in Consumer Products: An Update on Regulatory Responses and Litigation," American Chemical Society National Convention, Salt Lake City, March 2009.
· Author, "Manufacturers' Role In Toxic Air and America's Schools," IndustryWeek.com, March 13, 2009.
· Presenter, "An Old Whine in New Bottles: What's New - and What Isn't - about BPA Litigation," American Chemical Society Regional Convention, Kearney, Nebraska, November 2008.
· Co-Author, "An Old Whine in New Bottles? What's New - And What Isn't - About the Current Wave of BPA Litigation," BNA's Class Action Litigation, Vol. 9, No. 15, August 8, 2008.
· Presenter, "Federal Electronic Discovery Rules: Protect Yourself and Your Company," American Chemical Society National Convention, Boston, March 2007.
· Presenter, "Application of Forensic Chemistry to Environmental and Toxic Tort Litigation," American Chemical Society National Convention, Boston, March 2007.
· Author, "A Primer for the Interpretation of Dust Data in Toxic Tort Litigation," Mealey's Emerging Toxic Torts, June 1, 2007.
· Moderator, "Medicare Fraud & Abuse: An Update on the Government's Perspective," Chicago Medical Society, May 2001.
· Author, "The Duty to Disclose HMO Physician Incentives," The Health Lawyer, Vol. 13, #3, pp. 18-27, April 2001.
· Presenter, "Quality Assurance and Peer Review Within the IDPA," Chicago Bar Association, November 2000.
News & Publications
December 15, 2011, Edwards Wildman Thwarts Class Action in Louisiana Toxic Tort Dispute
December 8, 2011, Law360 Covers Firm's Success in Halting Class-Action Toxic Torts Case in Louisiana
November 23, 2011, Writing in Law360, Len Kurfirst Analyzes New Consumer Product Safety Commission Rules
Besides Edwards Wildman
Born and raised in Indianapolis, Indiana, Len now lives in the Village of Western Springs, Illinois, with his wife and two children. He is actively involved in his community, has been coach of various youth sports including soccer, baseball, and basketball and is an active participant in his town's civic life. A past Western Springs Traffic and Safety Commissioner, Len was elected to the Western Springs Park Board in 2003 and was President of the Western Springs Park District from 2005-2007. He now serves as President of the Village's Police Pension Board.
Events
April 25-26, 2012, Chicago, IL, ACI's 3rd Annual Chemical Products Liability and Environmental Litigation Conference
Industries
· Healthcare
Memberships
· American Bar Association
· Illinois State Bar Association
· American Chemical Society
· Chemical Industry Council of Illinois
· Society of Environmental Toxicology & Chemistry
· Illinois Association of Healthcare Attorneys
· Chicago Lawyers' Committee for Civil Rights Under Law, Inc., Board of Directors