Thomas E. Dutton

Thomas E. Dutton

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As a trial lawyer with more than 30 years of experience, Thomas Dutton has tried cases involving a variety of subject matters. He has first-chair jury trial, bench trial and ADR experience in class action and mass action toxic tort litigation, securities cases, post-acquisition disputes, product liability cases and fraud claims. From 2008 to 2016, he taught Trial Advocacy at the University of Chicago Law School.

At Greenberg Traurig, Tom’s practice focuses on complex commercial and tort litigation. He is currently involved in arbitrations with 20 states seeking to recover money under the Master Settlement Agreement between 46 states and the tobacco companies. He recently defended the nation’s largest third-party property management company and its principals in multi-jurisdiction claims for RICO, fraud and breach of fiduciary duty at privatized military housing projects in California, Virginia and Georgia. In 2012, after winning a dismissal of Fiat S.p.A., Tom resolved all claims against Fiat’s subsidiaries – CNH North America LLC, Fiat-Allis North America LLC, and CNH Global N.V. – for personal injuries and property damage allegedly caused by exposure to contaminants in the drinking water and groundwater near CNH manufacturing facilities in Grand Island, Nebraska.

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.

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Kompetencje

Doświadczenie

  • Avila, et al. v. CNH North America, LLC, et al. Lead counsel for Fiat S.p.A., 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, Nebraska.
  • 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 and $1 billion punitive damages 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.
  • McIntire, et al. v. Motorola. Counsel for Motorola in this 400-person mass action toxic tort case alleging claims for wrongful death, personal injury, and property damage arising from groundwater contamination from Motorola’s 52nd Street semiconductor facility in Phoenix, Arizona.
  • Camelhead Equities v. Motorola. Won summary judgment against a real estate developer who claimed that groundwater contamination had diminished the value of commercial property.
  • Bentley v. Honeywell International and Siemens Energy & Automation Inc. Lead counsel for Siemens Energy & Automation in a putative class action lawsuit claiming that TCE from Siemens' facility in Urbana, Ohio, contaminated the groundwater and the drinking water.
  • Astuto v. Verizon Communications Inc. Counsel for Verizon in a putative class action claiming that radiation and solvents from a facility in Hicksville, New York, had diminished the value of surrounding properties.
  • Cook, et al. v. Rockwell International Corporation and The Dow Chemical Company. Counsel for defendants in medical monitoring and property damage actions arising out of plutonium contamination near Rocky Flats Nuclear Weapons Plant.
  • Monterey Bay Military Housing, LLC, et al. v. Pinnacle Monterey, LLC, et al. Lead counsel for defendants American Management Services LLC and American Management Services California Inc. in defense of claims that defendants breached their fiduciary duties, committed fraud, and violated RICO in connection with property management activities at two privatized military housing projects in California.
  • Fort Benning Family Communities, LLC, et al. v. American Management Services East, LLC, et al. Lead counsel for defendants American Management Services LLC and American Management Services East LLC in defense of claims that defendants breached their fiduciary duties, committed fraud, and violated Georgia RICO in connection with property management activities at privatized military housing projects in Georgia and Virginia.
  • Residential Funding Corporation v. World Wide Financial Services, LLC. Counsel for plaintiff Residential Funding Corporation in a lawsuit alleging that mortgage loans sold to RFC did not meet the underwriting requirements of the parties’ contacts.
  • Brouwer v. Rochwarger, et al. Counsel for Raffensperger Hughes, as a qualified independent underwriter, in a class action RICO suit claiming that Raffensperger conspired with other defendants to conceal the financial condition of Firstmark Corporation, defrauding plaintiffs.
  • Kos v. Health Care Service Corporation. Trial counsel for Blue Cross/Blue Shield of Illinois on claims it wrongfully terminated a data processing manager for fraud.
  • First Options of Chicago, Inc. v. Harry C. Polinitza & Co., Inc. Co-trial counsel for First Options of Chicago seeking to recover losses caused by fraudulent option trading activities during "Black Monday" stock market crash.
  • Baron, et al. v. Chrans. Trial counsel for plaintiffs in a securities fraud lawsuit seeking to recover money lost in an investment in an Argentine airline. Won jury verdict for plaintiffs.
  • NBC Universal v. Paxson Communications Corporation. Counsel for Paxson Communications in a declaratory judgment action brought by NBC Universal seeking adverse interpretation of Paxson’s Certificate of Designation for its Series B Convertible Exchangeable Preferred Stock and the corresponding Investment Agreement.
  • Harden, et al. v. Raffensperger, Hughes & Co., Inc. Counsel for Raffensperger Hughes & Co. in a lawsuit asserting liability under Section 11 of the Securities Act of 1933.
  • In re DBA Systems Securities Litigation. Counsel for an independent director of DBA Systems, Inc. in a class action securities fraud lawsuit.
  • Heritage Bank of Schaumburg v. Ameritech Mobile Corp. Won summary judgment for Ameritech in a class action lawsuit alleging that its’ billing practices violated the Illinois Consumer Fraud Act.
  • Parker v. Colgate-Palmolive Co. Lead counsel for Colgate in a putative class action lawsuit for violation of the Connecticut Unfair Trade Practices Act.
  • Ortiz, et al. v. GMAC. Won summary judgment for GMAC and Motors Insurance Company in this consumer fraud class action relating to “force-placed” single interest insurance.
  • Morris v. Gillespie Chevrolet, et al. Counsel for automotive finance company in this single-plaintiff Illinois Consumer Fraud Act claim.
  • Winters v. GMAC. Counsel for GMAC in a class action Consumer Fraud Act claim alleging that GMAC’s use of the 365/360 method for computing interest on wholesale floorplan financing violated the Illinois Consumer Fraud Act.
  • Aikens v. Northwestern Dodge et al. Counsel for an automotive finance company in a single-plaintiff ECOA and FCRA claim.
  • Hernandez v. GMAC; Costa v. Mauro Chevrolet et al.; Densmore v. GMAC; Shaw v. Trans Union et al. Counsel for GMAC in various single-plaintiff claims for violation of the Fair Credit Reporting Act.
  • Concession Services, Inc. v. Fast Food Restaurant. Lead counsel in a boundary dispute between adjoining landowners for trespass and injunctive relief. Won summary judgment for a national fast food restaurant.
  • Spectrum Holding Co. v. Moses H. Cone Memorial Hospital Operating Corporation. Lead counsel for the buyer in a post-acquisition dispute seeking a purchase price adjustment and indemnification for breaches of representations and warranties in the purchase agreement.
  • AHM Holding v. RGB, Inc. Counsel for the buyer in a post-acquisition dispute seeking indemnification for breaches of representations and warranties in the purchase agreement.
  • Wilkinson Industries v. Taylor’s Industrial Services. Lead counsel in an action to recover breach of contract damages and delay damages arising from the purchase of a cast-line plastic sheet extrusion system.
  • In re Radnor Holdings Corp. Represented the Official Committee of Unsecured Creditors in an action for equitable subordination and recharacterization of the senior secured lender's claims.
  • Fast Food Restaurant v. Jamesway Restaurants. Counsel for a franchisor in a claim for rescission and termination of franchise and license agreements.
  • Gibson Guitar Corp. v. Deutsche Wurlitzer Gmbh. Lead counsel in a dispute over the use of the Wurlitzer® Trademark.
  • Friction Products Asbestos Litigation. Counsel for automobile manufacturers in connection with an effort to remove asbestos claims against the auto manufacturers from various state courts and adjudicate all such claims in the bankruptcy proceedings of Federal-Mogul Corp.
  • Hart v. Colgate-Palmolive Company and Colgate Oral Pharmaceuticals. Trial counsel for defendants in three-week jury trial. Plaintiff claimed personal injuries from her use of Colgate tooth whitener.
  • Denver International Airport Baggage Handling System Litigation. Counsel for an airline in a lawsuit against the designer of Denver International Airport’s automated baggage handling system.
  • 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.
  • Fields v. General Motors Corp. Won summary judgment against a former Cadillac dealer who claimed that GM had promised him a new Cadillac dealership in exchange for voluntarily relinquishing his prior Cadillac dealership.
  • Holland et al. v. Valhi, et al. Co-trial counsel in a two-week bench trial brought by retirees who claimed that spin-off termination of a pension plan violated ERISA.
  • Imperial Casualty & Indemnity Co., v. Simcoe & Erie, et al. Co-trial counsel in reinsurance arbitration seeking to enforce reinsurance obligations against three Bermuda reinsurers.
  • FDIC v. Morley. Won summary judgment of foreclosure for the FDIC against a developer of a failed condominium development, and later won summary judgment of deficiency claim against same developer.

Sukcesy i wyróżnienia

  • Team Member, The American Lawyer’s “Products Liability Litigation Department of the Year,” 2018
  • Listed, Leading Lawyers Network, 2006-2019
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Banking & Finance - Litigation, 2017
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Environmental Law, 2016
  • Rated, AV Preeminent® 5.0 out of 5

°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Board Member, University of Iowa Political Science Advisory Board
  • Member, American Bar Association
    • Section of Litigation
    • Mass Torts Litigation Committee

Kwalifikacje

Wykształcenie
  • J.D., Columbia Law School, 1987
    • Harlan Fiske Stone Scholar, 1986-1987
  • B.A., University of Iowa, 1984
Posiadane uprawnienia
  • Illinois
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the District of Arizona
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Nebraska
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of Illinois
  • Supreme Court of the United States
Znajomość języków