Mortimer H. Hartwell

Served as lead trial lawyer with significant jury trial experience in product liability asbestos litigation for manufacturing clients; handled trials of several large groups of plaintiffs with punitive damages exposure; assisted in the development of punitive damages defense and coordination of thousands of cases in the western United States 

(W.D. Was.) — National counsel for a beverage manufacturer in mass food contamination cases, based on exposure to the E. coli bacteria; developed all percipient and expert witnesses for defense of cases, and coordinated the litigation of hundreds of cases brought primarily in the western United States; handled product recall and investigation by U.S. FDA and defeated class certification in U.S. District Court, Western District of Washington; assisted in successfully crafting a punitive damages defense, which led to the ultimate resolution of all liabilities

National counsel for a manufacturer of medical devices in many high-profile wrongful death/personal injury actions; developed defense strategy, drafted key dispositive motions, and coordinated all discovery; majority of cases dismissed summarily 

National counsel for motorcycle parts manufacturer in various jurisdictions throughout the United States; handled two product recalls and coordinated litigation of all products liability cases for the company; successfully resolved major cases through mediation 

(N.D. Cal.) — Represented a defendant in a CERCLA cost recovery action in the Northern District of California; punitive damages and various claims dismissed on summary judgment leading to nominal settlement

Represented a produce company in the first CERCLA proceeding involving private land in the state of Hawaii 

Represented a major semiconductor manufacturer in property damage and groundwater contamination litigation 

Extensive advice counseling and litigation relating to California’s Proposition 65, which mandates warnings of the dangers of toxic exposure by manufacturers of consumer products and landowners 

Represented a former CEO of California’s largest agricultural cooperative in a shareholder breach of fiduciary duty and fraud class action; shareholder class was decertified, resulting in minimal settlement of claims

Defeated a class action against a beverage manufacturer for alleged false advertising relating to juice products nutritional value 

Represented an officer and directors of a medical device technology startup company in proceedings related to attempts to remove them from the company’s board; monetary damages claims dismissed on demurrer without leave to amend leading to settlement

Represented a tomato sauce manufacturer in litigation and arbitration relating to a grower’s failure to deliver commodities as contracted 

(N.D. Cal.) – Motion to dismiss granted in its entirety to a nationwide class action complaint against a producer of wearable fitness trackers; the complaint alleged that the technology did not maintain a battery charge or perform health monitoring tasks as promoted in its advertising and packaging 

Represented a beverage manufacturer in one of the largest E. coli outbreaks in United States 

Represented a landfill in class action relating to alleged exposures from vapors and dusts from landfill; class certification denied 

Represented a major manufacturer in silica-related exposure cases nationally 

Represented transportation companies in toxic exposure cases resulting from derailment of tank cars