Tom Dutton has tried several cases involving a variety of subject matters over his 23 years as a trial lawyer. He has considerable jury trial, bench trial and ADR experience in complex commercial matters, securities fraud cases, post-acquisition disputes, class action and "mass action" toxic tort litigation, product liability cases and employment claims.
Since arriving at Greenberg Traurig in June 2005, Tom's trial experience has included:
· In 2008, Tom tried and won a $4.6 million securities fraud claim on behalf of three investors in a failed Argentine Airline;
· In a variety of post-acquisition disputes for certain of Greenberg Traurig's private equity clients, Tom has recovered millions of dollars in losses caused by misrepresentations in financial statements;
· In 2008, Tom recovered a significant award for Wilkinson Industries Inc. on its claims for breach of contract and delay damages arising from its purchase of a cast-line plastic sheet extrusion system;
· In 2009, Tom helped secure a voluntary dismissal for Fiat, S.p.A. in a mass action toxic tort lawsuit over groundwater contamination in Grand Island, Nebraska; and
· In 2009, Tom won summary judgment in a boundary dispute at the site of a LEED Certified Green Restaurant in Chicago, Illinois.
At his former firm, Tom played a major role in the May 2001 jury trial victory profiled by The National Law Journal in "Motorola Defeats Huge Property Damage Claim." That victory was later named The National Law Journal's Defense Win of the Month for May 2001. In a related matter, he played a major role in the 1998 evidentiary hearing that resulted in the preclusion of plaintiffs' expert witnesses on medical causation and summary judgment for Motorola against more than 70 plaintiffs claiming personal injuries from exposure to industrial solvents. At Greenberg Traurig, Tom is continuing his toxic tort practice, defending CNH North America, LLC, Fiat-Allis North America LLC, and CNH Global N.V. in defense of claims for personal injuries and property damage allegedly caused by exposure to contaminants in the groundwater in Grand Island, Nebraska.
Areas of Concentration
· Complex commercial litigation
· Post-acquisition disputes
· Employment litigation
· Class action mass tort and toxic tort litigation
· Class action gender and racial discrimination litigation
· Product liability
· Dealership/franchise litigation
· Securities fraud
· ERISA litigation
Professional & Community Involvement
· Board Member, University of Iowa Political Science Advisory Board
· Member, American Bar Association
- Section of Litigation
- Mass Torts Litigation Section
Awards & Recognition
· Listed, Leading Lawyers Network, 2006-2013
· Rated, AV Preeminent® 5.0 out of 5
· Complex Commercial Litigation
- Concession Services, Inc. v. Fast Food Restaurant. Trial counsel in a boundary dispute between adjoining landowners for trespass and injunctive relief. Won summary judgment for fast food restaurant.
- Baron, et al., v. Chrans. Trial counsel for plaintiffs, three physicians from Springfield, IL, in a securities fraud lawsuit seeking to recover money lost in an investment an Argentine airline. Won jury verdict for plaintiffs and amended judgment of $4.6 million.
- Spectrum Holding Co. v. Moses H. Cone Memorial Hospital Operating Corporation. Represented buyer in a post-acquisition dispute seeking a purchase price adjustment and indemnification for breaches of representations and warranties in purchase agreement.
- AHM Holding v. RGB, Inc. Represented buyer in a post-acquisition dispute seeking indemnification for breaches of representations and warranties in purchase agreement.
- Wilkinson Industries v. Taylor's Industrial Services. Lead counsel for Wilkinson Industries in an action to recover breach of contract damages and delay damages arising from its purchase of a cast-line plastic sheet extrusion system.
- In re Radnor Holdings Corp. (Bankr. D. Del.). Represented Official Committee of Unsecured Creditors in an action for equitable subordination and recharacterization of the senior secured lender's claims.
- Taco Bell Corporation v. Jamesway Restaurants (Cal. Super.). Represented Taco Bell Corporation in a claim for rescission and termination of franchise and license agreements.
- Gibson Guitar Corp. v. Deutsche Wurlitzer Gmbh. Represented Gibson (post-appeal) in a dispute over the use of the Wurlitzer® Trademark.
· Toxic Tort and Mass Tort Litigation
- Avila, et al. v. CNH North America, LLC, et al. Trial counsel for CNH North America, LLC and other subsidiaries of CNH Global, N.V. in a mass action toxic tort lawsuit alleging claims for wrongful death, personal injury and property damage caused by exposure to industrial solvents contaminating the groundwater in Grand Island, NE.
- Baker v. Motorola. Co-trial counsel for Motorola in a five month jury trial. Plaintiffs in this class action groundwater contamination case claimed over $250 million compensatory on behalf of 24,000 residential and commercial property owners. Obtained defense verdict for Motorola.
- Lofgren, et al. v. Motorola, Inc., et al. Co-trial counsel for Motorola in a three week evidentiary "Frye" hearing on the admissibility of plaintiffs' medical causation evidence in this 75 plaintiff toxic tort case. Plaintiffs' medical causation expert testimony was precluded and Motorola won summary judgment.
- Bentley v. Honeywell International and Siemens Energy & Automation Inc. Trial counsel for Siemens Energy & Automation in a putative class action lawsuit claiming that TCE from Siemens' facility in Urbana, OH, contaminated the groundwater and the drinking water.
· Employment/Credit Discrimination Litigation
- Moriarty v. Dyson, Inc.: Lead counsel for Dyson in a claim for employment discrimination and defamation.
- Coleman v. General Motors Acceptance Corporation. Counsel for GMAC in a nationwide class action alleging that GMAC's purchase of retail installment contracts from independent automobile dealerships violated the Equal Credit Opportunity Act.
- Equal Employment Opportunity Commission and Allison Schieffelin v. Morgan Stanley. Counsel for Morgan Stanley in a class action EEOC lawsuit alleging a pattern or practice of discrimination against women in compensation and promotion.
Publications & Presentations
Articles, Lectures & Publications
· Lecturer at Law, Trial Advocacy, University of Chicago, Fall Quarter 2007, 2008 and 2009
· Speaker, "The Courts of Madison County," Navigant Consulting Legal Roundtable, January 2006
· Speaker, "Interpreting the Class Action Fairness Act of 2005," PricewaterhouseCoopers' General Counsel Forum, August 2005