Mary Ellen Gambino: Lawyer with Wilson Elser Moskowitz Edelman & Dicker LLP

Mary Ellen Gambino

View Mary Ellen Gambino 's Martindale-Hubbell Connected Profile
Phone415.625.9340

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Toxic Tort
  • Asbestos
 
Contact InfoTelephone: 415.625.9340
Fax: 415.434.1370
http://www.wilsonelser.com/attorneys/mary_ellen_gambino
 
University University of California at Los Angeles, B.A., 1980
 
Law SchoolUniversity of California, Hastings College of the Law, J.D., 1983 Editor, Hastings International and Comparative Law Review
 
Admitted1983, California; U.S. District Court, Central, Eastern and Northern Districts of California; Supreme Court of California
 
Memberships 

Memberships & Affiliations

American Bar Association
San Francisco Bar Association
Los Angeles Bar Association
Defense Research Institute (DRI)
Association of Defense Counsel of Northern California and Nevada: member, Board of Directors 2009-2010 chair, Toxic Tort Committee, 2008-2010.

 
Biography

Meg Gambino focuses her practice on toxic tort, environmental and product liability litigation. Since 1984, she has been actively involved in the defense of national and local clients in asbestos personal injury lawsuits, and she currently oversees all asbestos litigation engagements in the firm's San Francisco office.

Clients Meg has represented in these matters run the gamut from turbine manufacturers and microchip makers to construction managers and automotive companies. These clients have been manufacturers and suppliers of thermal insulation, industrial and friction products, and asbestos cement pipe. Meg is a well-known and respected trial attorney and has attained efficient and favorable resolution of hundreds of asbestos cases, individually and as part of negotiated claims processing agreements.

Meg also has extensive experience defending chemical companies in cases where a variety of toxic exposures have been alleged. She has handled pharmaceutical and environmental litigation as well. She has negotiated favorable settlements in enforcement actions brought by environmental groups under the Clean Water Act and represented potentially responsible parties, including underground tank owners, in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and other cost recovery actions.

Meg's reputation among judges, plaintiffs’ counsel and the defense community involved in asbestos litigation is among the greatest assets she offers to her clients. She served for two years on a committee formed by the San Francisco Superior Court comprised of judges and plaintiffs’ and defense attorneys to draft the General Order for mandatory e-filing in asbestos litigation. Meg consulted on proposed language for the Order and represented the position of the defense community on various issues. She also participated on another court-ordered committee to propose revisions to the settlement procedures for asbestos cases.

Awards & Distinctions

AV Preeminent Rated by Martindale-Hubbell
Rated by American Lawyer and Martindale-Hubbell as a Top Rated Lawyer in Mass Torts, 2013
Selected for inclusion in Northern California Super Lawyers, 2013

Publications

Round Three: California Appellate Courts Home in on Duty of Care in Household Asbestos Exposure

Duty of Care in Second-hand Asbestos Exposure

July 1, 2014

A recent decision by the California Court of Appeal for the Second District holds that a landowner owes no duty of care to a third party who was exposed to asbestos through a person who worked on the landowner's premises, where the only cause of action is for premises liability. This decision came just over two weeks after the First District held that an employer owed a duty of care to a third party for exposure to asbestos through contact with its employee where the foreseeability of harm was substantial, based on negligence and products liability.

California Court of Appeal Overturns Nonsuit Granted in Household Exposure Asbestos Case Where Trial Courts Decision Was Based on Campbell v. Ford Motor Co.

Duty of Care to Third Party for Exposure to Asbestos

June 3, 2014

In weighing the foreseeability of harm as a significant factor, the California Court of Appeal found that there is a high degree of foreseeability of harm from take-home asbestos exposure to those whose contact with an employer's workers is not merely incidental, such as members of their household or long-term occupants of the residence.”

California Court of Appeal Holds Intermediarys Sophistication Not Sufficient, as a Matter of Law, to Avoid Suppliers Liability for Injury to Product User

Intermediarys Sophistication” versus Suppliers Liability

November 7, 2013

While a recent decision by the California Court of Appeal is unfavorable to defendants, it does not completely close the door to the viability of the sophisticated intermediary” defense. The Court says it is not enough for a supplier defendant to simply show the plaintiff was an employee of a sophisticated intermediary to avoid liability. The supplier must also show it had sufficient reason to believe the ultimate user knew or should have known of the hazards.

DRI Publishes Article on Section III of the MMSEA Authored by Wilson Elser Toxic Tort Team

April 20, 2012 DRI - the Defense Research Institute - has published an article on Section III of the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA) written by Meg Gambino, Steve Joffe and Maria Caruana in the April 2012 issue of For The Defense.

Chartiss Legal Insights Publishes Two Articles by Wilson Elser Attorneys in the Winter 2012 Issue

January 10, 2012 Legal Insights has published two articles by California-based Wilson Elser attorneys in its winter 2012 issue.

CA Court of Appeal Upholds Award of Defendants Expert Fees Under CCP 998 Offer to Compromise

November 7, 2011 Although the Court did not create new law in the recent case of Adams v. Ford Motor Company, the opinion underscores the importance of offers to compromise under section 998 of the California Code of Civil Procedure, particularly those that include a mutual waiver of cost provision.

CA Court of Appeal Requires Treating Physicians Be Designated as Experts When Testifying to Subjects Outside the Scope of a Treating Physician

November 7, 2011 The first opinion underscored the importance of offers to compromise under section 998 of the California Code of Civil Procedure, particularly those that include a mutual waiver of cost provision. The second case held that when a treating physician received additional materials after his deposition to enable him to testify to opinions about adherence to the standard of care by another physician, his role became that of a retained expert.

Additional Publications

Taming the MMSEA Beast: Special Challenges for the Toxic Torts Practitioner,” For The Defense, April 2012

Events

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Additional Events

A Survey of Recent Asbestos Verdicts in California” Association of Defense Counsel of Northern California and Nevada, 2009.
Boyle v. Certainteed Corporation: The Defense Perspective,” HarrisMartin California Asbestos and Silica Conference, 2006.

News

Wilson Elser Obtains Dismissal in Asbestos Case Following $3.0 Million Demand

November 8, 2013

DiMarco and Grogan Successfully Quash Critical Subpoenas Related to Asbestos Litigation

May 13, 2011

Erik DiMarco (Partner-New York) and Elizabeth Grogan (Associate-Albany) successfully moved to quash subpoenas directed to Wilson Elser's client, a global engineering, construction and project management company.

 
ISLN907215743
 


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Office Information

Mary Ellen Gambino

525 Market Street, 17th Floor
San FranciscoCA 94105-2725




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