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Timothy Corriston Attains Noteworthy Win for Hexion Specialty Chemicals in Civil Conspiracy Case

06.20.2012
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ROSELAND, N.J./March 7, 2011 -- Connell Foley partner Timothy E. Corriston successfully defended client Hexion Specialty Chemicals Inc., formerly known as Borden Chemical Inc., and now known as Momentive Specialty Chemicals Inc., against claims of conspiracy with 18 other defendants in the vinyl chloride industry to conceal the hazards of a alleged carcinogen, vinyl chloride monomer (VCM).

The case, brought in the United States District Court for the Eastern District of Pennsylvania by Barbara Scibek, survivor of her late husband, Walter Scibek, sought damages for Walter's death from angiosarcoma of the liver allegedly occurred as a result of exposure to VCM during his 29 years of employment at Firestone's Polychloride (PVC) facility in Pottstown, P.A.

Barbara Scibek claimed that the companies which manufactured and supplied VCM to the Pottstown plant failed to adequately and timely warn those exposed to VCM of the possible risks and that they committed fraud by misrepresenting the hazards of VCM. Mrs. Scibek also claimed  that over a 30-year period, the companies engaged in a civil conspiracy to suppress the hazards associated with VCM exposure, including liver cancer, and that they purposefully concealed the hazards of VCM and entered into a secrecy agreement to not disclose evidence that VCM may be a carcinogen.

All defendants settled after the completion of discovery, with the exception of Corriston's client, Hexion. On behalf of Hexion, Corriston filed a motion for summary judment seeking the dismissal of the case in its entirety on the grounds that Hexion did not supply VCM to the Pottstown facility nor did it engage in a civil conspiracy. The motion was opposed by Mrs. Scibek.

After oral  hearing  argument, Honorable Timothy J. Savage granted summary judgment in favor of Hexion Specialty Chemicals Inc., dismissing the complaint in its entirety.

Corriston is a member of the firm's Mass and Toxic Tort Litigation, Environmental Law, Product Liability and Tort Law, and Commercial Litigation practice groups.

About Connell Foley LLP
Established in 1938, Connell Foley LLP has achieved success in litigation, corporate law, and a broad range of specialty areas. Comprising more than 110 lawyers, who are organized into 21 distinct practice areas, Connell Foley associates are proud of the firm's continued ability to deliver the highest levels of legal representation and satisfaction for clients. Although Connell Foley has the resources of a large law firm, attorneys view the practice of law to be a personal service - whether the client is a multinational corporation or an entrepreneur embarking on a new venture. Connell Foley has locations in Roseland, Jersey City, New York, and Philadelphia.

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