Jeffrey D. Talbert

• A group of over 70 companies as lead liaison counsel in three litigation matters regarding CERCLA remediation costs associated with the Lower Passaic River in New Jersey estimated $1.8 billion. Manage all aspects of the cases, coordinate litigation team involving multiple law firms (over 200 lawyers), and handle all court appearances and oral arguments. Negotiated settlement agreement in one of the matters between over 80 companies and the United States.*
• Chemical company as lead counsel in defense of RCRA citizen suit for injunctive relief associated with contamination of sediments in the Penobscot River, one of New England's largest river systems and estuary. Estimated range of remediation $200 million to $1 billion. Three phases of litigation including, month-long trial in Federal District Court involving testimony from 22 expert witnesses in various technical aspects of contaminated sediment issues including: fate and transport, stable isotope analysis, geochemistry of marsh areas.*
• Large trust in successful Second Circuit Appeal overturning Northern District of New York dismissal of CERCLA sections 107 and 113. Handled the oral argument before the Second Circuit.*
• Hydropower producer as co-lead counsel in several citizen suits under the Endangered Species Act challenging biological opinions and incidental take status allowing hydropower projects to operate. Achieved dismissal of prior action in Federal District Court on jurisdictional grounds. Successfully opposed appeal to the First Circuit Court of Appeals and prevailed in defeating a related challenge in the D.C. Court of Appeals.*
• Chemical company in PFAS litigation brought by State of Maine for Natural Resource Damages for alleged contamination.*

• Citizens kidnapped and killed by terrorists in Columbia as lead counsel in an anti-terrorism case against a large producer of bananas. Led and coordinated team of five law firms through discovery, motion practice, and all trial preparations. Settlement reached moments before jury selection.*
• Energy company as lead counsel in defense of patent infringement case brought by manufacturer of Volt Amperes Reactive product. Successfully argued Markman hearing and prevailed on 90% of terms argued, including key terms.*
• Chemical company as lead counsel in multi-million dollar contract dispute regarding remediation of radiological contamination in St. Louis, Missouri. Remediation was overseen by the Nuclear Regulatory Commission. Litigation involved numerous experts in the remediation of radiological contaminated waste sites and fact witnesses located across the country. Case settled two days before trial.*
• Hospitality company as lead counsel in successful dismissal of intellectual property infringement complaint brought by winery against retail wine company and hotel.*
• Pharmaceutical company in successful defense of a major antitrust action brought by U.S. Federal Trade Commission against several pharmaceutical manufacturers relating to settlement of patent litigation. After 40-day trial, won defense verdict. Also defended private class actions in multidistrict litigation.*

• Mediator in Superfund Site in Syracuse, New York. Cooper Crouse-Hinds, LLC v. City of Syracuse, New York, et al.* 
• Member of team selected by PRP Group to perform an allocation relative to large CERCLA site in New Jersey.
• Allocation of liability at superfund site in California. County of Stanislaus v. City of Modesto, et al.*
• Allocation of liability at confidential site in mid-Atlantic.
• Mediator in large PRP site in Texas. USOR Site PRP Group v. A & M Contractors, Inc., et al.*

*Reflects experience at previous employer.