Product Liability Litigation

Tom Stoever is a partner in Arnold & Porter LLP's Denver office and represents clients in complex litigation-including environmental matters, antitrust cases, consumer class actions, product liability, and commercial cases.

Environmental

Mr. Stoever has represented individuals and corporations in environmental litigation in both state and federal courts. He has defended clients in Superfund and regulatory actions, citizen suits under the Endangered Species Act, Clean Water Act cases, National Environmental Policy Act (NEPA) litigation, toxic tort cases, and natural resource damage claims. Mr. Stoever has, in addition, negotiated on behalf of his clients with federal and state agencies for a variety of permits for use of public lands. He has also represented clients in environmental insurance coverage litigation.

Antitrust

Mr. Stoever has represented corporations and standard-setting bodies in large, multiparty antitrust matters brought under federal and state competition statutes.

Product Liability and Consumer Class Actions

Mr. Stoever has represented pharmaceutical manufacturers, consumer product makers, and technology companies in multijurisdictional product liability and consumer class action litigation, managing cases from initiation through discovery and trial in jurisdictions around the country, including several jurisdictions considered particularly hostile for corporate defendants. He has represented clients at trial and managed large "virtual law firms" comprised of attorneys from firms around the country.

Pro Bono

Mr. Stoever's pro bono practice has focused on litigating claims on behalf of veterans seeking benefits from the US government. He has represented former service men and women in matters before the US Court of Veterans Appeals and the US Court of Appeals for the Federal Circuit, including two en banc arguments before that court. He was recognized for his work on the Henderson v. Shinseki in the 2011 Annual Report for the Veterans Consortium’s Pro Bono Program.

Mr. Stoever also represents a class of landowners in southern Colorado in litigation to obtain their ancestral rights to access large tracts of private land for grazing and timber.

Product Liability Litigation Representative Matters

• Representation of the owners of a large power plant in toxic tort litigation brought by neighbors alleging groundwater contamination by coal combustion by-products.
• Representation of a consumer product manufacturer in a citizen suit brought pursuant to the Endangered Species Act.
• Representation of a transportation company in the negotiation of an Incidental Take Permit and Habitat Conservation Plan under the Endangered Species Act.
• Representation of Visa in antitrust litigation brought by American Express, Discover, and a purported class of merchants.
• Representation of a large resort company in permitting for ski areas on National Forest land.
• Representation of Wyeth in the diet drug litigation. Responsible for overseeing all aspects of thousands of cases in 17 states, Mr. Stoever developed and implemented strategies for fact and expert discovery, the generation of scientific testimony, and the formation and staffing of teams to prepare and try cases.
• Representation of Philip Morris in its litigation with state attorneys general, health insurers, and consumers in individual and class actions.
• Representation of a standard-setting organization in antitrust litigation brought by a manufacturer.
• Representation of clients in large commercial litigation and arbitration.
• Representation of investors in an Employee Retirement Income Security Act (ERISA) class action.