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Pipeline Accidents: Civil Litigation

(129 reviews)

Produced on November 15, 2018

$ 59 Litigation and Oil, Gas, & Energy Law In Stock
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Course Information

Time 61 minutes
Difficulty Intermediate

Course Description

Pipeline accidents generate a variety of civil litigation risks. Some stem from the release of potentially hazardous substances, others from the disruptions and interruptions that follow such a release.     

In this course, Steptoe & Johnson partners Jennifer Quinn-Barabanov and Tony Hopp will address the types of claims that typically follow large-scale releases of hazardous substances. These include toxic tort claims for personal injury, medical monitoring, emotional distress, and property damage, which can be asserted individually or in a proposed class action. Shippers may have claims for lost or damaged property. In addition, pipeline operators may face commercial claims for breach of contracts, business torts, and business interruption claims.


Learning Objectives:

  1. Recognize types of claims to expect in the event of a release of hazardous substances near a populated area
  2. Assess the pros and cons of potential litigation risk mitigation strategies such as environmental sampling and alternative mechanisms for providing compensation and obtaining releases of claims
  3. Address recent trends in toxic tort litigation, defenses in mass tort cases, and strategies for defeating and/or settling class actions
  4. Identify the circumstances in which federally approved tariffs can give rise to filed rate and preemption defenses against civil claims

Credit Information

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Faculty

Anthony G. Hopp

Steptoe & Johnson, LLP

Anthony Hopp is an experienced trial lawyer who represents clients in complex commercial, environmental, and mass tort matters. Tony handles all phases of single plaintiff, multi-plaintiff, and class action claims, and has tried multiple cases to verdict in state and federal courts. He has also argued and won appeals in Illinois, California, New York, Nebraska, and the US Court of Appeals for the Seventh Circuit. Some of these matters include defeating class certification for medical monitoring after a multi-day evidentiary hearing, obtaining defense verdicts on medical monitoring claims in a subsequent jury trial, securing defense verdicts in five TCE groundwater contamination claims after a three week jury trial, negotiating a favorable settlement after a two week class action trial involving TCE groundwater contamination, and obtaining multiple preliminary injunctions in cases involving Lanham Act violations, trade secret claims, and breaches of post-employment restrictive covenants.

Over the course of his career, Tony has handled a wide variety of litigation and counseling engagements. His litigation experience includes mass tort matters, CERCLA cases, consumer class actions, insurance coverage disputes including bad faith, unfair competition and Lanham Act claims, trade secret claims, patent claims, actions for violation of non-compete and non-solicitation agreements, employment discrimination claims, shareholder derivative claims, dealership termination cases, medical malpractice cases, forcible entry and detainer cases, housing discrimination and zoning litigation. His counseling experience includes risk management and product stewardship issues, product recalls, environmental audits, internal corporate investigations, and local siting of solid waste management facilities.

Tony has been on the Board of Directors of the Lawyers’ Committee for Better Housing (LCBH) since 2006. In 2005, he received the LCBH Volunteer of the Year award. Starting in 2009, he served as president of the Board of Directors for five years.



Jennifer Quinn-Barabanov

Steptoe & Johnson, LLP

Jennifer Quinn-Barabanov is a skilled commercial litigator and recognized leader on class certification issues who has successfully defended companies in the technology, consumer products, energy, and other industries. She is recognized for achieving several noteworthy rulings throughout the country and spearheaded one of the first efforts to exclude expert testimony at the class certification stage that led to a denial of class certification.

Jennifer often serves as national coordinating counsel for companies that face dozens or even thousands of similar lawsuits related to a product or alleged chemical exposure. In this role, she has formulated and implemented global strategies for achieving an effective, coordinated, and successful defense, including through the federal multi-district litigation process, when appropriate. In the toxic tort area, Jennifer has defeated claims involving alleged groundwater, air, and soil contamination.

In addition, Jennifer has substantial experience handling high-stakes commercial disputes in areas such as: breach of contract, business torts, fiduciary duty and derivative claims, executive compensation, covenants not to compete, trade secrets, retaliation, whistleblower claims, dealer agreements, alleged fraud, and claims under the federal securities laws and Racketeer Influenced and Corrupt Organizations (RICO) Act. She has particular experience resolving commercial disputes in areas subject to extensive state or federal regulation.

Jennifer chairs Steptoe’s Class Action practice, which includes dozens of lawyers across the firm’s US offices. She is a regular contributor to Steptoe’s Cyberlaw Podcast on class action matters impacting the technology industry.

As the former co-chair of Steptoe's Women's Forum, she organized a variety of programs to cultivate the unique perspectives of the firm's women lawyers and professionals.



Reviews

RH
Ray H.

Good program.

DH
Diane H.

You both did a great job. I also thought the team teaching approach made the presentation much more interesting.

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