Monica M. Welt is a counsel in Crowell & Moring's Torts Group whose practice focuses on environmental tort litigation, mass tort litigation, and product liability risk management and recall counseling. She has experience with class actions and multidistrict proceedings, and has represented clients in a range of industries, including petroleum, power, steel, lumber, agriculture, railroad, and aviation.
Environmental Toxic Torts
Monica has defended numerous cases involving alleged "neighborhood" exposure to contaminants in groundwater, soil and air from petroleum, chlorinated solvents, PAHs, beryllium and mixed chemicals. Prior to joining Crowell & Moring, Monica's was a member of the national coordinating defense counsel team for two major petroleum producers in the multi-district litigation involving MTBE contamination of groundwater before Judge Shira Scheindlin. Currently, Monica is part of a team defending four lawsuits in which more than 350 plaintiffs are alleging personal injury, diminished property value, emotional distress, and entitlement to medical monitoring as a result of occupational and environmental exposure to chlorinated solvents and beryllium.
As part of her practice, Monica has developed extensive expertise utilizing scientific experts in client cases. Some notable experiences include:
· Working with hydrogeologists and biologists to assess impacts of oil refinery effluent on a river estuary;
· Coordinating an expert team in the creation and implementation of an industry-sponsored long-term health effects study for a ground water contaminant;
· Developing a team of hydrologists and real-estate experts to assess flooding and property impacts near a railroad right-of-way in a class action defense resulting from a major flooding event;
· Assisting industry experts in preparing presentations for the EPA on chemicals under IRIS review;
· Managing a team of epidemiologists, industrial hygienists, and public health specialists to evaluate claims of beryllium exposure.
Currently, Monica is part of a team of environmental and tort lawyers who are monitoring tort litigation and regulatory developments involving hydraulic fracturing (aka hydrofracking). This team is developing strategies to assist companies working in the Marcellus Shale region to mitigate and reduce tort liability arising from the current rapid expansion of unconventional natural gas exploration and production activities, including hydrofracking, in populated areas.
Product Liability Risk Management
In addition to litigating product liability cases, Monica advises clients on a full range of product liability and risk management issues from both the pre-launch and post-launch perspective. With a focus on industrial and consumer products that fall outside the CPSC's jurisdiction, she counsels clients on labeling, recall, and regulatory compliance issues. Her years of experience with product liability defense of class actions also enable her develop strategies for clients to avoid or minimize future class action litigation. Some representative matters are:
· Conducting a warranty assessment of a major home systems component manufacturer to develop and incorporate class action avoidance mechanisms into the consumer purchase agreement.
· Coordinating a post-launch labeling and advertising regulatory analysis for a Fortune 15 company, which included developing a multi-national recall strategy and press implementation plan.
· Evaluating food contact substance formulations for pre-market regulatory compliance issues.
General Civil Litigation
In addition to her toxic tort practice, Monica's civil litigation practice has included such diverse matters as a London-based arbitration of a contract dispute between international brokerage firms, the successful resolution of a multi-million dollar contract and estate dispute, and the pro-bono representation of an asthmatic child exposed to extensive mold infestation at a local school. She has experience in all phases of litigation and pre-trial preparation, has briefed cases at the state and appellate level, and has argued in Florida, Maryland and D.C. courts.
Monica received two Bachelor of Arts cum laude from The Ohio State University, in Classical Humanities and English literature, where she was elected to Phi Beta Kappa. She earned her law degree in 2001 from the University of Virginia School of Law, where she was a three-time member of the school's internationally ranked Jessup Moot Court team. Prior to joining Crowell & Moring, she was an associate with Dewey Ballantine LLP.
Publications
· "Changing Perspectives on Chemical Product Risks," Chapter 9 of Product Liability, an ABA publication (January 2011). Co-Author: Monica M. Welt.
· "Changing Perspectives on Chemical Product Risks," The John Liner Review, Vol. 23, No. 3 (Fall 2009). Co-Authors: Monica M. Welt and Elizabeth Anderson.
Alerts & Newsletters
· "EPA Releases Broad Chemical Reform Principles and Seeks Industry Data for Immediate Risk Management Plans," Product Risk Management Alert (October 2, 2009). Contacts: Monica M. Welt, Elliott P. Laws.
· "No Stay of Enforcement of Tracking Labels Provision Issued," Product Risk Management Alert (May 15, 2009). Contacts: Bridget E. Calhoun, Natalia R. Medley, Monica M. Welt.